Weekly litigation report

Individual Rights – Equal Protection. In the long-running saga of Rothe Development, Inc. v. Department of Defense and Small Business, a small business is challenging the racial classifications in Section 8(a) of the Small Business Act as a violation of … Continue reading

Victory for Nashville property owners and guests

In an important victory for economic liberty and property rights, today, a judge in Nashville, Tennessee agreed that the Nashville Metro Council’s regulations of short-term rentals are unconstitutional. Among other things, the ordinance banned any form of advertising short-term rentals with … Continue reading

Tesla finally challenging Michigan’s anti-competitive direct-sales ban in court

Rather than use independent dealerships, Tesla Motors has fought for years to sell its luxurious, electric vehicles directly to consumers through galleries owned and operated by Tesla. It should come as no surprise, then, that the car dealerships have teamed up … Continue reading

Federal courts and the duty to decide

Sometimes federal courts will dodge the Constitution rather than defend it. That happened with our constitutional challenge to Montana’s discriminatory school regulations. Yesterday, in Armstrong v. Kadas, we filed a brief asking the Ninth Circuit to remind the district court of its duty to exercise its jurisdiction–especially … Continue reading

Dentist’s legal battle with Ohio will continue

Advertising one’s area of expertise is usually desirable for both the professional and the public. But if you’re a dentist in Ohio, regardless of whether you are completely qualified in a specialty area of dentistry, you might not be allowed … Continue reading

Edmund’s fight against discrimination continues

Today a federal court issued an extremely disappointing decision dismissing our lawsuit, which sought to give our client, third-grader Edmund Lee, Jr., the same opportunity to attend Gateway Science Academy as his white neighbors. As a result, Edmund will now have … Continue reading

Nashville’s unconstitutional efforts to limit short-term rentals

With the rise of websites like Airbnb and VRBO, short-term rentals dramatically increase the opportunities for property-owners to supplement their income and retain flexibility with their homes. Unfortunately, last year, Nashville passed two ordinances that unconstitutionally regulate and restrict the ability … Continue reading

Weekly litigation report — June 24, 2015

Equality under the law project — loss at the Supreme Court San Francisco still trying to use landlords as ATMs California Department of Forestry malfeasance California Supreme Court allows questionable tort claim to move forward Equality under the law project … Continue reading

Disappointing decision in Fisher v. University of Texas at Austin

In a 4-3 decision, the Supreme Court ruled that the University of Texas’s use of race in its admissions process does not violate the Constitution. Justice Kennedy wrote the Court’s opinion. The decision is what you’d expect from an opinion … Continue reading