The Courts Have Shown Too Much Deference to Unaccountable Government Officials

MSLF attorney David McDonald explains at National Review Online how the legal system places far too much trust in unaccountable bureaucrats and why that may be about to change:

The Ninth Circuit isn’t known for sound constitutional jurisprudence. But a unanimous opinion issued by a three-judge panel last month might just be a new low for the country’s largest — and most controversial — appeals court.

The case in question, Jessop v. City of Fresno, concerns the alleged theft of $276,000 by City of Fresno police officers while carrying out a raid in search of illegal gambling machines. Pursuant to a warrant authorizing the officers to seize any such machines, as well as any money connected to the sale or control of them, the officers officially seized approximately $50,000.

In reality, according to appellants Micah Jessop and Brittan Ashjian, the officers stole an additional $276,000 in cash and rare coins for themselves. Jessop and Ashjian sued the officers for violating their right not to face unreasonable searches and seizures under the Fourth Amendment and their right to due process of the law under the Fourteenth Amendment. They hoped to find justice, but they were in for a rude awakening.

Read the full article at National Review Online.

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The Perversion of the Endangered Species Act

MSLF attorney Cody Wisniewski published an article today in RealClearPolicy, explaining how the Endangered Species Act has been abused in order to lock up enormous tracts of land under federal control: No good deed goes unpunished. Similarly, it seems no well-intentioned piece of legislation is ever used as intended. This could not be more true…

The ‘Parade of Horribles’ is Here

Today in the Washington Examiner MSLF General Counsel Zhonette Brown explains why the stakes for property rights are so high in the Supreme Court case Love Terminal Partners, L.P. v United States: America’s founders enshrined property rights in our Constitution, not just because they thought it would provide a strong blueprint for a free market…

MSLF Confronts EPA Over Conflict of Interest

MSLF attorneys asked acting EPA Inspector General Charles Sheehan to examine possible conflicts of interest in the EPA’s conduct after it caused the release of some 3 million gallons of acidic mine waste from the Gold King mine into the Animas River.

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