Montana’s Race And Sex-Based Requirements for Key Medical Board Are Unconstitutional, Lawsuit Alleges

Greg Gianforte

A medical watchdog sued the Montana governor Tuesday over race and sex-based requirements for the state’s top medical board.

The lawsuit was filed by the Pacific Legal Foundation (PLF), a public interest law firm, on behalf of Do No Harm (DNH), a medical activist organization, in the United States District Court for the District of Montana Helena Division against Republican Montana Gov. Gregory Gianforte. The PLF is representing an unidentified woman affiliated with DNH who cannot apply to the Montana Board of Medical Examiners due to the sex-based requirements, which PLF alleges violates the Equal Protection Clause of the Constitution, according to a DNH press release.

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Group Fights ‘Race-Neutral Proxy’ Admissions in Virginia, Maryland Schools

The Libertarian law group, the Pacific Legal Foundation, is deep into two court cases involving a Virginia high school and several Maryland middle schools and what it calls “race neutral proxies” in their admissions policies. 

In an effort to have more students of all backgrounds, the schools have developed policies that put Asian American students at a disadvantage, the foundation claims. 

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Ohio Think Tank Asks Court to Let States Deal with Water Pollution

On Friday, a Columbus, Ohio-based think tank submitted a brief to the U.S. Supreme Court asking justices to allow states to enforce against water pollution, pursuant to the federal Clean Water Act (CWA). 

The 1972 law set up a permitting system for corporate or infrastructural projects that result in the discharge of pollutant materials into rivers, streams or other bodies of water. Under the act, states may undertake their own permitting programs. But last July, the U.S. Court of Appeals for the Fourth Circuit issued a ruling that South Carolina’s program is not strong enough to supersede the federal permit process and therefore citizen lawsuits can effectively nullify the state program. 

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Arizona Rep. Shawnna Bolick Calls for Senators Kyrsten Sinema and Mark Kelly to Defend Charter Schools

Arizona State Representative Shawnna Bolick (R-San Miguel) called on Senators Kyrsten Sinema (I-AZ) and Mark Kelly (D-AZ) to use their votes to protect charter schools around the nation from the Biden administration’s overreach.

“Will [Sinema] & [Kelly] stand with nearly 220K AZ public charter school kids and countless more families who support [school choice]? The teacher unions are using every tactic to drive a stake through [school choice],” tweeted Bolick

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Legal Foundations Prepare to Defend a Tucson Mother’s Right to Due Process from Bureaucrats

The Goldwater Institute (GI) and Pacific Legal Foundation (PLF) filed their opening brief Wednesday in the case involving Tucson Mother Sarra L., who allegedly had her right to due process violated by the Arizona Department of Child Services (DCS).

“It’s shocking that Arizona bureaucrats are empowered to put a mother’s name on the state’s ‘do not hire’ list [Arizona Central Registry]—labeling her a child abuser, for as long as 25 years—without going through an actual court process, and under rules that courts in several other states have already declared unconstitutional,” said GI Vice President for Legal Affairs Timothy Sandefur in a statement shared with the Arizona Sun Times.

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Pacific Legal Finds Arizona Among States That Allow Home Equity Theft

The Pacific Legal Foundation (PLF) released a comprehensive report Tuesday detailing that 12 states plus Washington D.C. have laws in place that allow for home equity theft (HET), including Arizona.

“Our findings are alarming,” said Angela Erickson, strategic research director at PLF. “Home equity theft is robbing thousands of people of their homes and all the equity they’ve built.”

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Pacific Legal Foundation Argues Against Thomas Jefferson High School’s Admissions Policy in Video

The Pacific Legal Foundation (PLF) released a new video supporting its legal efforts to fight new admissions policies at Thomas Jefferson (TJ) High School for Science and Technology; the video argues that efforts to change the policy amount to a racist effort to reduce the number of Asian students at the school.

School officials instituted a merit lottery in 2020 to expand the student base to under-represented groups. In response, the Coalition protested the decision, and the PLF began representing the coalition in a drawn-out legal battle aimed at blocking the new policy. A district court agreed with the PLF and said the process was discriminatory, but the U.S. Court of Appeals for the Fourth Circuit stayed the lower court’s order, allowing the school to use its new admissions policy for the 2022-2023 school year.

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Group Sues U.S. Department of Education over Biden’s Student Loan Cancellation Plan

A nonprofit legal group filed a lawsuit Tuesday against the U.S. Department of Education to block its move to cancel up to $20,000 in student loan debt for some borrowers.

“Congress did not authorize the executive branch to unilaterally cancel student debt,” Pacific Legal Foundation attorney Caleb Kruckenberg said. “It’s flagrantly illegal for the executive branch to create a $500 billion program by press release, and without statutory authority or even the basic notice and comment procedure for new regulations.”

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Ohio Think Tank Joins Minnesotan’s Fight for Property Rights

The Columbus, OH-based Buckeye Institute filed an amicus brief with the U.S. Supreme Court on Thursday defending Minnesota widow Geraldine Tyler’s right to the profit from the forced sale of her home. 

Tyler’s one-bedroom Minneapolis condominium was taken and sold by Hennepin County after the elderly resident could no longer afford her real-estate taxes. She quickly moved out of the condo in 2010, determining she could not safely stay in light of rising violent crime. For five years she incurred tax debt on the original residence while paying rent on a new apartment. 

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Before Minneapolis, Los Angeles Schools Tried Race-Based Policies

Following national coverage of the Minneapolis school district’s race-based employment policies, Liz Collin Reports hosted a retired Los Angeles teacher who saw the same thing happen in his district over 15 years ago.

Phil Pearson worked as a special-ed teacher in the Los Angeles Unified School District, the largest district in California and second largest in the country, when a similar rule to move teachers based on race was put into place.

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Arizona Mother Fights Prosecution by Department of Child Safety to Defend Right to Due Process

An Arizona mother, Sarra L., filed a lawsuit Wednesday, jointly represented by the Pacific Legal Foundation (PLF) and the Goldwater Institute, against the Arizona Department of Child Safety (AZDHS) to protect her right to due process and clear her name.

“Due process and the separation of powers should have protected Sarra from the Department of Child Safety’s abusive prosecution. DCS has a track record of ignoring due process that should protect innocent parties from severe punishment,” said Adi Dynar, an attorney for Pacific Legal Foundation. “Sarra is seeking to right the wrong done to her and prevent other parents from facing a similar fate in the future.”

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U.S. Supreme Court Declines to Reverse Appellate Court Decision Allowing Thomas Jefferson High School to Use Controversial Admissions Policy

The U.S. Supreme Court has denied a petition that would have reversed an appellate court’s decision that is allowing Thomas Jefferson (TJ) High School for Science and Technology to continue using its controversial admissions policy for the incoming freshman class.

After the court’s Monday anouncement, Fairfax County Public Schools praised the decision in a statement.

“We continue to believe our new plan for TJ admissions is merit-based and race-blind,” Fairfax County School Board Chair Stella Pekarsky said. “We are confident that after considering the facts and the law, the appeals court will decide that our plan meets all the legal requirements and guarantees every qualified student will have the chance of being admitted to the finest public science and technology high school in the country.”

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Pacific Legal Foundation Files Lawsuit to End Right to Retrieve Dog Hunting Law

The Pacific Legal Foundation (PLF) is following up a 2021 property rights win in the U.S. Supreme Court with a lawsuit over right-to-retrieve law in Virginia, a key piece of dog hunting practice in the Commonwealth. The PLF says that allowing hunters to go onto private property to retrieve dogs can harm property owners’ privacy, safety, and business.

“A fundamental aspect of property rights is the ability to exclude trespassers from your property. The government cannot grant third-party access that violates your property rights and disturbs your use of your property even if that access is in the form of retrieving a hunting dog,” the PLF said in a Thursday announcement of the lawsuit. “The Supreme Court made this clear in PLF’s 2021 win in Cedar Point Nursery v. Hassid, which held that grants of access like this are uncompensated takings of property under the Fifth Amendment.”

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Proposed Legislation Would Eliminate State Court’s Deference to State Agencies in a Lawsuit

Legislation being considered by the Tennessee General Assembly would eliminate the current practice of state courts giving deference to state agencies in interpreting statutes or rules in a contested case. If passed, the law would require that state courts interpret the state or rule de novo or from the beginning or start.

Sen. Mike Bell (R-Riceville) presented the bill, SB2285, Wednesday to the Senate Government Operations Committee, of which he is a member. While committee members often present their bills from their usual chair, Bell told Chairman Kerry Roberts (R-Springfield) he would be going to the podium, expecting he might be using his hands a bit.

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Federal Judge Rules Fairfax County School Officials Discriminated Against Students by Lowering Admissions Requirements

A federal judge Friday ruled that Fairfax County Public Schools (FCPS) officials discriminated against Asian students by lowering the bar for admission to Thomas Jefferson High School (TJHS) in a push for “diversity.”

“This is a monumental win for parents and students here in Fairfax County, but also for equal treatment in education across the country,” Erin Wilcox an attorney for the Pacific Legal Foundation (PLF) said in a press release. “We hope this ruling sends the message that government cannot choose who receives the opportunity to attend public schools based on race or ethnicity.”

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Sixth Circuit Rules CDC Eviction Moratorium Is Unconstitutional

The Sixth Circuit Court of Appeals unanimously ruled that the national eviction moratorium mandated by the U.S. Centers for Disease Control and Prevention (CDC) is unconstitutional. The court said in its ruling that the matter ultimately needed to be resolved by Congress.

The three-judge panel ruled that the CDC engaged in federal overreach by mandating that tenants who are unable to pay their rent and are in breach of their rental agreements may not be evicted. The CDC had implemented a moratorium in response to millions of people losing their jobs due to governors shutting down their state economies to slow the spread of COVID-19.

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Florida District Judge Halts Discriminatory Program by Biden Administration

Earlier this week, Florida District Judge Marcia Morales Howard issued a preliminary injunction in a lawsuit against the Biden administration. The lawsuit was initiated by a farmer who said a debt relief program to “socially disadvantaged farmers” is discriminatory.

In the $1.9 billion stimulus packaged signed by Biden earlier this year, approximately $4 billion of the plan is designated to assist exclusively farmers of color for debt relief through direct payments up to 120 percent of the farmer’s outstanding debt.

The order by Howard prevents the USDA from distributing the payments directly to farmers enrolled in the program.

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Coalition Sues Fairfax County Public Schools over New Admissions Plan at Magnet School

A group of about 5,000 community members including parents, students, and staff are suing the Fairfax County Public School (FCPS) Board and Superintendent Scott Braband over changes to admission procedures at magnet school Thomas Jefferson High School for Science and Technology (TJ). The lawsuit complaint filed Wednesday argues that the changes were meant to reduce the number of Asian-American students at the school.

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Michigan Woman Sues Wayne County Over ‘Home Equity Theft’

by Dan McCaleb   A Wayne County woman filed a lawsuit Monday challenging a Michigan policy that allows counties to seize an individual’s property to settle back taxes, sell it, and keep all of the money from the sale. The Pacific Legal Foundation, a nonprofit organization that defends Americans against the government, filed the lawsuit on behalf of Erica Perez against Wayne County and County Treasurer Eric Sabree, the foundation said in a news release. Perez and her family are residents of a New York City suburb outside of New Jersey. In 2012, Perez and her father, Romualdo Perez, bought a four-unit home and a single-family home in Detroit for $60,000, intending to move closer to family, according to the lawsuit. They spent tens of thousands of dollars restoring the four-unit house over three years and rented out the units before beginning to work on the single-family home, the lawsuit says. In 2017, however, “Wayne County seized their property, citing an outstanding tax debt,” the news release said. “The Perez family had unknowingly underpaid their 2014 property taxes by $144. To settle that minor debt, Wayne County took the homes and sold them for $108,000, keeping every penny from the…

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Pennsylvania Farmer Wins Supreme Court Case That Finds Federal Property Rights are Equal to Other Constitutional Rights

  The U.S. Supreme Court on Friday ruled in favor of a Pennsylvania farm owner who said the government effectively took her property without paying for it. Rose Knick won the victory in the case of Knick v. Township of Scott. In making its ruling, SCOTUS overturned a 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. The Supreme Court’s opinion is here. Knick was represented by Pacific Legal Foundation, which argued for SCOTUS to overturn the 1985 ruling that allowed federal courts to refuse to hear her challenge to a local ordinance that forced her to allow public access to her private farmland, according to a press release by PLF. PLF said in a story that Knick’s ordeal began in 2013, when government agents forced her to allow public access to a suspected gravesite on her farmland. She sued over the unconstitutional taking. A federal court refused to hear her federal claim, citing the 1985 decision. Hamilton Bank of Johnson City, Tennessee owned of a tract of land in Williamson County and intended to develop it into a residential subdivision, according to a case summary by Oyez. The Williamson County Regional Planning Commission denied the…

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Boys Can Now Compete on Girls’ Dance Teams in Minnesota

  Boys can now compete on what were previously girls-only dance teams following a Tuesday settlement by the Minnesota State High School League. Dmitri Moua and Zachary Greenwald, two high school students in Minnesota, filed a federal civil rights lawsuit against the Minnesota State High School League (MSHSL) after they were prevented from competing on their schools’ dance teams. The two boys were represented pro bono by the Pacific Legal Foundation, who announced the settlement in a Tuesday press release. According to the non-profit, the MSHSL agreed to permanently rescind the rule that prevented boys from competing on high school dance teams, and pay for the two boys’ legal fees. “Dmitri and Zach look forward to joining their high school dance teams in the very near future, and participate in a sport they love with their friends. They are excited for this same opportunity to be available to all Minnesota high school students now and in the years to come,” the Pacific Legal Foundation said. The settlement comes after a March 6 ruling in the Eighth Circuit Court of Appeals in favor of Moua and Greenwald. The court found that only allowing girls to participate in competitive dance teams violated…

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Parents Sue Over De Blasio’s Plan to Diversify NYC’s Elite Schools

by Neetu Chandak   Asian-American parents and civil rights groups filed a lawsuit against New York City officials Thursday over a plan that would increase admissions for black and Hispanic students to elite schools in the city. Black and Hispanic students make up 68 percent of the city’s population with 9 percent receiving offers to attend specialized high schools. Asian-American students, however, make up 62 percent of the population at the city’s elite high schools, The Washington Post reported Thursday. The plan promoted by Mayor Bill de Blasio would set aside 20 percent of seats at each of the elite high schools for students coming from low socioeconomic backgrounds, according to WaPo. Gaining admission into the specialized high schools is determined by a single test known as the Specialized High Schools Admissions Test (SHSAT), a Department of Education (DOE) spokesperson told The Daily Caller News Foundation. De Blasio announced the Discovery Program’s expansion in June, which offers free tutoring to those who missed the cutoff for admissions and a second chance at being accepted, The Wall Street Journal reported. “It unlawfully restricts equal access of tens of thousands of poor Asian-American children living outside high-poverty school districts to Specialized High…

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