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April 10 roundup

Waco biker prosecutions, a dragnet affair in which many bystanders were hit with charges, jailed and lost their jobs, end after four years with all charges dropped; many deaths resulted from police fire [Brian Doherty, Reason; earlier and more] “Lawsuit: You did business with someone who did business with someone who committed a crime against me, so you’re also liable.” [Ted Frank describing suit against SalesForce alleging that its business management software assisted sexually oriented onli...
Tags: Law, Uncategorized, Atlanta, Arizona, East Coast, Puerto Rico, Mike Masnick, Legislature, Arizona Republic, Goldwater Institute, Sen Mike Lee, American Legislative Exchange Council Alec, Free Trade, Julian Sanchez, Brian Doherty Reason, Prosecutorial Abuse


Wednesday round-up

This morning the Supreme Court wraps up its January session with oral arguments in two cases. First on the agenda is a reargument in Knick v. Township of Scott, Pennsylvania, which asks whether the court should reconsider a precedent that requires property owners to exhaust state remedies before bringing federal takings claims under the Constitution. Miriam Seifter had this blog’s preview. Isaac Syed and Yuexin Angela Zhu preview the case for Cornell Law School’s Legal Information Institute. The...
Tags: Supreme Court, Law, Kentucky, Court, United States, Tennessee, Faa, Round-up, TVA, U S Supreme Court, John Roberts, Mark Joseph Stern, Blair, Howe, Ian Millhiser, Samuel Alito


Friday round-up

Briefly: Joan Biskupic reports at CNN that “Justice Ruth Bader Ginsburg’s cancer surgery and ongoing recuperation have cast an atmosphere of uncertainty over the Supreme Court at a critical time for its future and as the legal fate of several controversial White House policies hang in the balance.” At the Goldwater Institute’s In Defense of Liberty blog, Jacob Huebert urges the justices to hear a challenge to an Illinois campaign-finance law and to “and make clear that governments cannot use co...
Tags: Supreme Court, Law, White House, Cnn, Illinois, Ruth Bader Ginsburg, Round-up, Adam Feldman, Heritage Foundation, Kavanaugh, Brunetti, Goldwater Institute, Joan Biskupic, Iancu, RBG, Elizabeth Slattery


“The Indian Child Welfare Act at 40”

“Passed in 1978, the Indian Child Welfare Act (ICWA) was intended to stop abusive practices by state and federal officials, who often removed Native American children from their families without sufficient justification. But today, ICWA is the subject of litigation in federal and state courts by challengers who argue that it imposes race-based restrictions on adoption and makes it harder for state officials to protect Native American children against abuse and neglect.” On September 20 I mode...
Tags: Texas, Law, Uncategorized, Adoption, Zinke, Goldwater Institute, Timothy Sandefur, ICWA, Charles Rothfeld, on TV and radio, Indian tribes, Matthew McGill, Live In Person, Adoptive Couple, Brackeen


Afternoon round-up: Janus v. AFSCME

This morning the court issued a 5-4 opinion in Janus v. American Federation of State, County, and Municipal Employees, Council 31 , holding that requiring nonmembers of public-sector unions to pay fees to cover collective-bargaining activities violates the First Amendment. Amy Howe covered the ruling for this blog; her coverage first appeared at Howe on the Court. Early coverage comes from Robert Barnes of The Washington Post; Chris Geidner of Buzzfeed; Marcia Coyle of ; Mark Sherman of the Ass...
Tags: Law, Buzzfeed, Politico, Los Angeles, Bloomberg, New York Times, Fox News, Associated Press, Usa Today, Times, The Washington Post, Wall Street Journal, Round-up, Mark Sherman, Mark Joseph Stern, Robert Barnes


In Name of Free Speech, States Crack Down on Campus Protests

Protests of conservatives speakers at colleges has prompted new policies that penalize disruptions, putting academia on the front lines of the left-right culture wars.
Tags: News, Wisconsin, Demonstrations, University Of Wisconsin, Goldwater Institute, Politics And Government, Colleges and Universities, Protests and Riots, Freedom of Speech and Expression, Conservatism (US Politics, First Amendment (US Constitution, Liberalism (US Politics, School Discipline (Students, States (US


Medical roundup

Burdensome though it is in other ways, HIPAA does not create a private right of action, so no big-ticket damage suits. Connecticut high court rides to rescue by creating new tort for breach of medical confidentiality [Steven Boranian, Drug and Device Law] Details of cases aside, once again, should federal law really be requiring healthcare employers to grant religious exemptions to staff unwilling to undergo flu vaccination? [Department of Justice press release on suit against Ozaukee County, ...
Tags: Law, Uncategorized, Bbc, Britain, United Kingdom, Connecticut, National Health Service, Fda, Department Of Justice, Vaccines, North Carolina, Medical Malpractice, Henry Miller, Cato, EEOC, HIPAA




Georgia Supreme Court takes up CON law

Georgia's Certificate of Need law restricts competition in the health-care industry in violation of anti-monopoly provisions in the Georgia Constitution, a lawyer representing owners of a women's surgical center told the state Supreme Court Monday. "There is no health-care exception in the anti-monopoly clause," said James Manley, a senior attorney at the Arizona-based Goldwater Institute, a conservative legal advocacy group. "[The CON law] encourages monopoly and lessens competition." Drs. Hu...
Tags: Supreme Court, Georgia, Arizona, Georgia Supreme Court, Goldwater Institute, James Manley


Wisconsin Speech Bill Might Allow Students To Challenge Science Professors (slashdot)

An anonymous reader quotes a report from Ars Technica: There have been some well-publicized incidents in which student groups or other protesters have interfered with scheduled appearances by right-wing speakers at U.S. universities. In response, a number of states have considered "campus free speech" bills based on model legislation produced by the Goldwater Institute, a conservative think tank. Different bills introduce specific penalties for students who shout down the speech of others and pr...
Tags: News, Ars Technica, University, Wisconsin, University of Wisconsin Madison, Goldwater Institute, BeauHD, Cap Times, Wisconsin Faculty


Wisconsin speech bill might allow students to challenge science professors (ars technica)

Enlarge / Bills sponsors Robin Vos (left) and Jesse Kremer (right) discuss it at a hearing. (credit: WisconsinEye) There have been some well-publicized incidents in which student groups or other protesters have interfered with scheduled appearances by right-wing speakers at US universities. In response, a number of states have considered “campus free speech” bills, based on model legislation produced by the Goldwater Institute, a conservative thinktank. Different bills introduce specific penal...
Tags: News, US, Wisconsin, Robin Vos, Goldwater Institute, Scott K. Johnson, Jesse Kremer, Cap Times


Wisconsin Speech Bill Might Allow Students To Challenge Science Professors

An anonymous reader quotes a report from Ars Technica: There have been some well-publicized incidents in which student groups or other protesters have interfered with scheduled appearances by right-wing speakers at U.S. universities. In response, a number of states have considered "campus free speech" bills based on model legislation produced by the Goldwater Institute, a conservative think tank. Different bills introduce specific penalties for students who shout down the speech of others and pr...
Tags: Tech, Ars Technica, University, Wisconsin, University of Wisconsin Madison, Goldwater Institute, Cap Times, Wisconsin Faculty


Yet Another GOP-Run State Introduces Anti-Protest Bill, And This One Targets Students

In the ongoing GOP drive against demonstrations and protesters, a Republican bill in the Wisconsin legislature aims to punish hecklers who disrupt speakers at events. The measure comes after GOP lawmakers in some 18 states introduced bills that would block protests and increase penalties for arrested demonstrators. Bills in two states would eliminate liability for drivers who run into protesters — as long as it’s “accidental.” State lawmakers in Tennessee introduced such a measure shortly after...
Tags: News, Colorado, Virginia, Gop, Tennessee, Arizona, Wisconsin, Nashville, Associated Press, States, Bill, Donald Trump, Berkeley, Huffington Post, Breitbart, University Of Wisconsin


“It’s Irrational to Require 1,000 Hours of Training to Be Able to Braid Hair”

Ilya Shapiro and David McDonald describe the background of the Eighth Circuit case of Niang v. Carroll, in which Cato has filed an amicus brief: …the Missouri Board of Cosmetology and Barber Examiners (an administrative board made up primarily of practicing barbers and cosmetologists, as well as the owners of in-state cosmetology/barbering schools) has declared that anyone wanting to braid hair professionally must be a licensed cosmetologist or barber—despite the fact that neither licensing pro...
Tags: Law, Uncategorized, Missouri, Constitutional Law, Carroll, Yale Law Journal Forum, Pacific Legal Foundation, Niang, David McDonald, Goldwater Institute, Joba, Eighth Circuit, Ilya Shapiro, Occupational Licensure, Volokh, Missouri Board of Cosmetology


Court nixes development deal with space tourism, research firm in southern Arizona

A court in Tucson has nixed an economic development and real estate deal between Pima County and a space tourism and scientific research firm that uses high-altitude balloons to get into Earth’s stratosphere. Pima County Superior Court Judge Catherine Woods sided with the Phoenix-based Goldwater Institute, which had challenged a deal between Pima County and World View Enterprises. Under that deal, the county designed and built a 135,000-square-foot headquarters and space port for World View on...
Tags: Earth, Arizona, Phoenix, Tucson, Pima County, Goldwater Institute, Pima County Superior Court


Business bid to kill voter-approved $12 minimum wage, paid-sick leave joined by Goldwater Institute

The libertarian Goldwater Institute has filed a legal argument joining the Arizona Chamber of Commerce & Industry and other business groups’ efforts to kill a $12 per hour minimum wage and paid sick leave law approved by voters in November. Arizona voters approved Proposition 206 with 58 percent of the votes. It raised the state minimum wage from $8.05 to $10 per hour this year and will hit $12 in 2020. Between 700,000 and 800,000 workers could get raises from the measure depending on the anal...
Tags: Arizona, Goldwater Institute


Arizona’s New Arena, Nakladal Terminated & More News

The big news Monday afternoon was the Arizona Coyotes putting forward a plan for a new arena in Tempe Town Lake. It’s just the first step toward the possible construction of a 16,000-seat facility that will also house a smaller 4,000-seat sheet that would be the Coyotes practice facility, as well as the home of the Arizona State college hockey team. “I’m very pleased with where they are,” NHL deputy commissioner Bill Daly said. “I think this is an incredible opportunity for an exciting new futu...
Tags: Usa, News, Sport, Arizona, Lightning, AHL, Hockey, NHL, Republic, Calgary Flames, Asu, Islanders, Anton Stralman, Leafs, Maple Leafs, Toronto Maple Leafs


Indian Child Welfare Act symposium at Cato Unbound

I’m one of four participants in a symposium at Cato Unbound this month on the Indian Child Welfare Act. Timothy Sandefur (Goldwater Institute) writes the principal paper to which I respond; other responders include Profs. Matthew L. M. Fletcher (Michigan State) and Kristen Carpenter (Colorado). Earlier coverage of the Indian Child Welfare Act here. Excerpt from my contribution: Someday we might want to design a legal regime that minimizes state intrusion into families, limits the discretion of ...
Tags: Law, Uncategorized, Adoption, Child protection, Goldwater Institute, Timothy Sandefur, ICWA, Kristen Carpenter, Cato Unbound, Indian tribes


Arizona governor cuts off many public sector lobbyists

“Arizona Gov. Doug Ducey issued an executive order [last month] that effectively ended all government contracts with lobbyists in Arizona. The order terminated contracts with professional lobbyists at all state agencies, boards and commissions.” In future, state agencies other than the judiciary and independently elected officials will need permission from the governor to hire lobbyists, and Ducey’s office said requests would be “heavily scrutinized” and require documentation that the hiring wou...
Tags: Law, Uncategorized, Arizona, Lobbyists, Arizona Republic, Ducey, Doug Ducey, Goldwater Institute, Occupational Licensure


Arizona and Kansas Use the Courts as Pawns to Further Radical Right-Wing Policies

Arizona and Kansas share much in common. Conservative Republican governance has crippled both states and the governors of both are trying to undermine the judicial branch so as to have no encumbrance on their radical conservative agenda. Both are influenced heavily by Koch brothers money with Kansas being home to Koch Enterprises and the governor of Arizona, Doug Ducey, being called the "other Koch brother" after being elected with millions in contributions from the two brothers. Arizona has c...
Tags: News, Supreme Court, Senate, House, Arizona, Kansas, Bill, Huffington Post, Legislature, Koch, Kansas Senate, Arizona Supreme Court, Brownback, Wichita Eagle, Ducey, Doug Ducey


Watchdog wants answers about Babeu RICO spending

A conservative Arizona watchdog group is requesting files from Pinal County Sheriff Paul Babeu's office to determine if his office has properly handed out thousands of dollars in seized civil asset forfeiture cases. The Goldwater Institute filed a pair of record requests on Monday seeking records, communications and other documents related to the expenditures of what's commonly called RICO funds.
Tags: Arizona, PAUL BABEU, Babeu, Goldwater Institute, Pinal County


The Heller Case, Gun Rights Affirmed! – Antonin Scalia’s Greatest Hit

by Alan Korwin The Uninvited Ombudsman Click it: GunLaws.com Justice Scalia and Alan Korwin had a word about their books, author to author, on May 12, 2015, at a Goldwater Institute reception in Phoenix. He had graciously agreed to sign my book, Supreme Court Gun Cases, at his book signing for Reading Law, which I’m working my way through. Alan Korwin Arizona –   -(Ammoland.com)- The lamestream media told you:Barack Hussein Obama has decided to skip the funeral of recently deceased Suprem...
Tags: Supreme Court, Scotus, Washington, Court, America, High Court, Bob, District Of Columbia, Phoenix, Antonin Scalia, U S Supreme Court, John Roberts, Scalia, Scottsdale Ariz, Barack Hussein Obama, Heller


Goldwater Institute Challenges Pinal County Spending

The Goldwater Institute is suspicious of some of the spending habits of the Pinal County Sheriff's Office and is asking for a closer look. The conservative watchdog group has filed a records request with the PCSO requesting records to clarify how it's spending money it seizes using the state's civil asset forfeiture laws.
Tags: Goldwater Institute, Pinal County Sheriff s Office


"Ducey appoints Goldwater Institute's Clint Bolick to Arizona Supreme Court"

"Ducey appoints Goldwater Institute's Clint Bolick to Arizona Supreme Court": Howard Fischer of The Arizona Daily Sun has this report. The Arizona Republic reports that "Ducey appoints independent to Supreme Court." In addition, columnist EJ Montini has an essay titled "Ducey's new Arizona Supreme 'Goldwater' Court." The Associated Press reports that "Longtime attorney for Goldwater Institute chosen to be next justice on Arizona Supreme Court." You can access at this link today's news release...
Tags: Supreme Court, Arizona, Institute for Justice, Arizona Republic, Ian Millhiser, Arizona Supreme Court, Ducey, Doug Ducey, Clint Bolick, Goldwater Institute, Howard Fischer, The Arizona Daily Sun, EJ Montini, Volokh Conspiracy Jonathan H Adler, Damon Root


California bill gives terminally ill patients right to try experimental drugs

A Right To Try law would give thousands of California patients "some control over their destiny," said Kurt Altman, national policy adviser for the Arizona-based Goldwater Institute, which has been lobbying for Right To Try laws around the country. Peddicord wouldn't comment when asked if the change was a response to the growing wave of Right To Try legislation. "As a society, we don't deal well with the idea that people die, so when a patient gets sick and is dying, people want an answer," Magn...
Tags: California, Arizona, Magnus, Goldwater Institute, Kurt Altman, Peddicord


Ninth Circuit to Hear Challenge to Obamacare’s “Platonic Guardians” January 28

(Timothy Sandefur, guest-blogging) I mentioned in a previous post that Progressivism has a curious definition of “democracy” that largely takes the form of unaccountable administrative agencies wielding enormous power to regulate people’s behavior. Perhaps the most extreme example of administrative power—the Independent Payment Advisory Board, or IPAB—is the subject of the latest constitutional challenge to Obamacare to be heard by a federal court of appeals. The Ninth Circuit will hear the case...
Tags: Obamacare, Obama, Congress, America, United States, Medicare, Las Vegas, Administrative Law, Antonin Scalia, Congressional, Ninth Circuit, Coons, Goldwater Institute, Timothy Sandefur, Independent Payment Advisory Board, IPAB