Weekly litigation report — October 14, 2016

Victory in free speech case The City of San Juan Capistrano agreed this week to stop enforcing it’s ban on putting “for sale” signs in car windows in Cefali v. San Juan Capistrano. Because any other sort of sign is … Continue reading

California Supreme Court will review controversial tax decision

Last month, Pacific Legal Foundation filed a letter brief urging the California Supreme Court to review a decision denying taxpayers the right to vote on taxes imposed by initiative. Yesterday, the Court agreed to review the decision in California Cannabis … Continue reading

School choice is a boon for taxpayers

People support school choice for many reasons. Most support it because it’s the last best hope for their children to get a decent education. Some hope that it is a means to mitigate the impacts of racial and income segregation. … Continue reading

Arizona can’t avoid a supermajority voting requirement just because it wants to

Today we filed an amicus brief in a case challenging Arizona’s Medicaid expansion.  Like California (and many other states), Arizona’s constitution requires that all taxes be passed by a supermajority vote—in this case, 2/3 of the legislature.  The Medicaid expansion included … Continue reading

Standing up for constitutional limits on taxation

Several states have constitutional limits on tax-increases, and particularly super-majority requirements that force legislatures to get a 2/3 vote to raise taxes. California’s Proposition 13 is the most famous, but Arizona, Nevada, and other states have similar requirements. Sadly, state … Continue reading

The California Supreme Court gets it right in Proposition 13 case

In light of the Court’s recent, disappointing decision in the Pacific Palisades Coastal Commission case, it’s encouraging to note when the Court got it right in Young v. Schmidt.  This was the case brought by former UCLA Chancellor Charles Young challenging Proposition … Continue reading

Can government force you to give up fundamental rights for a building permit?

Author: Paul J. Beard II We all know that government entities across the country are facing major budget deficits. We also know that governments often prefer to avoid the sort of belt-tightening that so many American families have been forced … Continue reading