A federal agency says nine acres of Iowa farmland are federally protected wetlands, a new California bill prioritizes black applicants for occupational licensing, and the Supreme Court will decide whether cities can legally stop the homeless from sleeping on public property. Here’s what’s on The Docket.
Supreme Court can fix the homeless crisis the government caused
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In the case of Grants Pass, the question before the Justices is: Did the Ninth Circuit correctly hold that the Eighth Amendment prevents cities from enforcing civil or criminal restrictions on the homeless sleeping or camping on public property? Underlying the specific legal question in the case is a larger social question: How did our country get to where hundreds of thousands are homeless?
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Iowa family fights government’s farming restrictions
After Jim Conlan bought a farm in Iowa, the Natural Resources Conservation Service—a federal agency within the Department of Agriculture—informed Jim that nine scattered acres on his farm were federally protected wetlands. This triggered the Swampbuster provisions of the 1985 Food Security Act—which meant that if Jim farmed on those acres, he’d lose crop insurance and other USDA benefits. Never mind that the nine acres are dry; the agency never justified its odd designation of the land as wetlands. Now Jim is suing.
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MMA fighter Renato Moicano praises Constitution and private property at UFC 300, after PLF commercial airs
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It’s the last thing you expect at the end of a brutal mixed martial arts fight. But after Brazilian fighter Renato Moicano won at UFC 300 on April 13, he took the microphone to announce, “I love America. I love the Constitution... I love private property. And let me tell you something, if you care about your [expletive] country, read Ludwig von Mises and the six lessons of the Austrian Economic School.” The speech was remarkable for several reasons—among them, it came right after PLF's new commercial aired nationally on ESPN.
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Nebraska midwife fights unjust ban on her profession
Home birth is legal in all 50 states. But in Nebraska, certified nurse midwives are banned from home births. To make matters worse, Nebraska is among three states that mandate CNMs practice only under a physician’s direct supervision and only in certain settings. Heather Swanson, a CNM who has practiced in other states, wants to provide critical childbirth care to the women of Nebraska and make home births more safe—so she’s fighting the state’s arbitrary restrictions.
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With Sheetz victory, PLF’s record at the Supreme Court is unmatched
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The Supreme Court’s unanimous decision for PLF client George Sheetz on April 12 is being celebrated for rolling back government fees on new housing. That's especially crucial now, during the housing crisis, and particularly in California, which desperately needs new housing. For PLF, the win has special meaning: First, because it rewards the grit of George Sheetz, who refused to accept the $23,420 fee his county tried to give him. Second, because Sheetz builds on two previous PLF Supreme Court victories, Nollan and Koontz, which have made it increasingly difficult for the government to extort land or money from property owners. PLF now has 18 total victories at the Supreme Court, seven of them in the past five years—an impressive record for freedom.
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Greater accountability comes to Indiana
A new law in Indiana requires judges to decide cases based only on the law. That’s big news for Hoosiers: State courts will no longer defer to government agencies’ interpretations of statutes or regulations. “With HB 1003, Indiana joins the states pushing back against the unconstitutional tide that has flooded the nation since the Supreme Court’s infamous Chevron decision in 1984,” said PLF’s Kileen Lindgren.
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California occupational licensing bill picks winners and losers based on their race
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Roughly one in five Californians are required to obtain an occupational license to earn a living in their chosen field. That's bad enough—but a proposed law could set up new barriers to opportunity. AB 2862 prioritizes black applicants in the issuance of professional and occupational licenses in industries overseen by the Department of Consumer Affairs, including healthcare professions like medicine, nursing, and therapy.
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