Antiquities Act in Oregon
Stopping a Federal Landgrab
President Obama decided that the people and businesses of southern Oregon should be “left behind.” Mountain States will not stand by and let it happen.
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Felkner v. Nazarian
No One Gets a Free Pass to Violate the Constitution
Government should err on the side of liberty and steer clear of the constitutional boundaries they are obligated to respect.
Coalition for TJ v. Fairfax County School Board
How Government Tries to Get Around the Supreme Court
This is the next frontier of fighting race discrimination. The Supreme Court must take up the case, or else schools will know exactly how to discriminate.
Klein v. Oregon Bureau of Labor & Industries
Art is Speech, Even if Edible
Melissa and Aaron Klein are practitioners of the American Dream. In 2007, they opened a bakery called “Sweet Cakes by Melissa” in Gresham, Oregon. The shop was a staple in…
Knipp and Seis v. Tri-County Health Dept.
It's Time to End Unrestricted Pandemic Bureaucracy
We all remember when the pandemic first struck how municipal public health officials across the country echoed Dr. Anthony Fauci—if we all stay home, wear masks, and social distance for…
San Luis Valley Ecosystem Council, et al. v. Dan Dallas, et al.
My Only Means to See the National Forest
Case Summary Public lands should be for public use, right? According to environmentalists, that’s wrong. For many disabled Americans, including many veterans like the Trail Preservation Alliance’s Don Riggle,…
Michael Sackett v. EPA
Is a Wetland Wet? No, Says EPA. Yes, Says MSLF.
Case Summary Michael and Chantell Sackett own an undeveloped lot near Priest Lake in Bonner County, Idaho. The north and south sides of the property are bounded by roads, and…
Emilee Carpenter Photography v. James
Progressive Orthodoxy vs. Free Speech
Case Summary Emilee Carpenter is a professional photographer, based in New York, who has been photographing weddings since 2012. In 2019 she took a leap of faith and opened her…
Kennedy v. Bremerton School District
Penalty for Praying Coach Sidelines Religious Liberty
— Coach Joseph Kennedy is a former U.S. Marine who coached football at Bremerton High School, in Bremerton, Washington, until 2015, when he was suspended from his job by the school district for defying an order to not public engage in a post-game prayer. Now, after a series of court setbacks, the U.S. Supreme Court has agreed to rule on whether Kennedy’s religious liberties were trampled when the district first forbid him from praying with his players, and then ordered him to pray in secret. At issue in this case is whether public employees can be legally prohibited from private and personal displays of religious faith on “Establishment Clause” grounds.
West Virginia v. EPA
Pumping The Brakes On Rogue Presidents
In the American constitutional order, Congress makes laws. The President and federal agencies are tasked with executing, enforcing and sometimes interpreting those laws, in cases where Congress used ambiguous language. But how much latitude and discretion does the executive branch have when it comes to the interpretative part of its mission, if the text of the law isn’t clear? On that question a lot depends, given the vast regulatory power the modern administrative state wields like a hammer.