Can governments rely on outdated rationales to justify onerous regulation?

In 1952, Emmett Ashford became the first African American umpire in organized baseball and Dwight Eisenhower was elected President of the United States. That same year, the Pennsylvania legislature decided that funeral homes needed to be heavily regulated. Under a 1952 … Continue reading

Facts matter in a constitutional challenge

This week, PLF filed an amicus brief asking the Texas Supreme Court to review Patterson v. City of Bellmead.  The Pattersons are challenging a law that requires a kennel permit for any property owner that has more than four cats or … Continue reading

PLF urges Fourth Circuit: give business owners the chance to prove their cases

Under legal precedents established in the 1930s, business owners who want to defend their constitutional right to earn a living against unreasonable government interference face a very difficult task. They must overcome the “rational basis test,” a legal theory that … Continue reading

Claremont Center for Constitutional Jurisprudence files brief in support of PLF’s Hettinga petition

The Claremont Institute’s Center for Constitutional Jurisprudence has filed this friend of the court brief in support of our petition for certiorari in Hettinga v. United States. As the brief points out, this case involves one of the central problems … Continue reading

Cato and IJ file brief supporting PLF’s petition in milk price restriction lawsuit

Our friends at the Cato Institute and the Institute for Justice filed this brief today in support of our cert. petition in the case of Hein Hettinga. The brief highlights the major problem with the D.C. Circuit’s expansion of the … Continue reading

Goldwater Institute files brief in support of PLF’s Hettinga petition

The Arizona-based Goldwater Institute today filed this friend-of-the-court brief in support of our petition for certiorari in the case of Hettinga v. United States. We’re urging the High Court to address the question of whether the government can get a … Continue reading

Fifth Circuit: “naked transfers of wealth” are unconstitutional

The Fifth Circuit Court of Appeals yesterday asked Louisiana state courts to decide whether state regulators have the authority to ban people from selling coffins unless they get a state funeral director’s license. The judges declined to strike down the … Continue reading