Weekly litigation update — February 25, 2017

Commonsense  result in New York In Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, New York’s highest appellate court ruled here that a half-way house for drug addicts is not liable when a former resident, who … Continue reading

Bureaucratic overreach and the separation of powers

Can federal agencies make up whatever policies they like unless Congress tells them not to? PLF answered an emphatic “no” in an amicus brief filed today to support a petition to the Supreme Court. In National Restaurant Assocation v. Department … Continue reading

Weekly litigation report — November 19, 2016

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay Area v. City of San Ramon. This is the case … Continue reading

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth of the administrative state. Because the enactment and enforcement of … Continue reading

It doesn’t get more exciting than this!

For administrative law nerds, U.S. Tenth Circuit Court Judge Neil Gorsuch’s concurring opinion this week calling for the High Court to reconsider its Chevron doctrine is about as thrilling as it gets!  Although it is hard to top, Tony Francois … Continue reading

Is this the summer of our discontent?

Adherents of free markets and limited government have much to be gloomy about this year. Is now the summer of our discontent, made piteous winter by the loss of Scalia, increasing terrorist attacks, and concern about whether the next president … Continue reading

Impatience is no excuse to dispense with the Constitution’s checks and balances

Last week, the Supreme Court heard 90 minutes of oral argument from four advocates (two on each side) in United States v. Texas, the case brought by 26 states challenging the legality of the administration’s executive actions regarding about four … Continue reading

Separation, delegation and deference

Ever since the Supreme Court’s 1984 decision in Chevron v. NRDC, federal administrative agencies tasked with implementing statutes have been given broad discretion to determine the scope of ambiguous statutory terms.  As a result, agencies have sought to maximize their powers whenever Congress uses an even arguably … Continue reading

Genuine school choice in Montana faces a new threat

A proposed rule in Montana is threatening to geld the state’s fledgling school choice law. Montana passed a scholarship tax credit law earlier this year. The program offers tax credits for donors who contribute to the program. The money goes to student … Continue reading