Is the Constitution a paradox?

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading

California can’t arbitrarily ban mining

The California Supreme Court is considering an important case concerning whether a state can frustrate federal law and deprive people of their livelihoods for no good reason. PLF filed this amicus brief in the case, joined by the Western Mining … Continue reading

The Supreme Court should grant certiorari in Fisher

A few months back, PLF filed this brief in Fisher v. University of Texas at Austin urging the Supreme Court to take the case. Our friends at the Center for Equal Opportunity, the American Civil Rights Institute, Project 21, and the National Association of Scholars … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

Do federal civil rights laws guarantee equal outcomes? Join me for a discussion after the Supreme Court oral argument on January 21.

Liberty Blog has several great posts, including here, here, and here, discussing the significant equal protection issues in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. The Pacific Legal Foundation’s excellent amicus brief by my Sacramento … Continue reading

Shall no person be deprived of life, liberty, or property without due process of law?

The Fourteenth Amendment’s mandate that local governments shall not “deprive any person of life, liberty, or property, without due process of law” is probably one of the best-known provisions of the U.S. Constitution. That guarantee is fundamental to our concept … Continue reading

PLF files another brief supporting federal court access for takings plaintiffs

Last Friday, PLF and the Cato Institute filed an amicus brief in another attempt to get the Supreme Court to finally overrule Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. Frequent readers of the Liberty Blog will … Continue reading

Obamacare’s defenders resort to low blows

“When I use a word,” Humpty Dumpty once said, “it means just what I choose it to mean–neither more nor less.” Congress lacks that luxury because the judiciary judges the meaning of its words. However, in a venomous New York Times article, Paul Krugman says that … Continue reading

What are people saying about PLF’s prairie dog win?

PLF’s big win last week on behalf of People for the Ethical Treatment of Property Owners, striking down an unconstitutional federal regulation that had devastating effects on a community—all to protect the Utah prairie dog—continues to garner media attention. Last … Continue reading