Arkansas governor signs sweeping legislation following PLF lawsuits

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The Docket from Pacific Legal Foundation

A Wyoming family challenges their county’s unconstitutional permitting scheme; Virginia parents celebrate the launch of a federal investigation into discriminatory admissions; and Montana Governor Greg Gianforte signs sweeping new legislation following a PLF lawsuit.

WYOMING FAMILY HIT WITH A $25K PERMIT SHAKEDOWN. NOW, THEY’RE FIGHTING BACK.

If you set out to build a new home in Teton County, Wyoming—like our clients, Trey and Shelby Scharp—you could face tens of thousands of dollars in so-called “workforce housing” fees, designed to help fund the County’s subsidized housing program and offset the supposed impact of your new development.

But the entire premise of the County’s “workforce housing” scheme is based on junk science, and it flies in the face of well-established Supreme Court precedent protecting property owners—including several cases that PLF litigated: Nollan (1987), Koontz (2013), and Sheetz (2024).

Now, the Scharps are fighting back with a federal lawsuit to vindicate their own property rights and ensure that no other hard-working families have to face the kind of permit shakedown that they did.

FEDERAL INVESTIGATION INTO TJ ADMISSIONS REVIVES NATIONAL CONCERN OVER K–12 RACIAL DISCRIMINATION

Yesterday, the Coalition for TJ—a tireless group of parents, teachers, and alumni—received long-overdue vindication after years of litigation and public outcry over discriminatory admissions policies at Thomas Jefferson High School in Virginia.

At the recommendation of Virginia Attorney General Jason Miyares, the U.S. Department of Education’s Office for Civil Rights has formally launched an investigation into the school’s admissions policy—validating what the Coalition has argued all along: that Fairfax County Public Schools deliberately altered its admissions process to racially engineer the student body of TJ and reduce Asian American representation.

FROM KICKSTARTER SUCCESS TO CONSTITUTIONAL SHOWDOWN, PRINCESS AWESOME IS CHALLENGING UNCONSTITUTIONAL TARIFFS

What sets successful entrepreneurs apart from the rest isn’t just a great idea—although that doesn’t hurt. It’s the rare ability to take a concept and turn it into something tangible. Eva St. Clair and Rebecca Melsky had no experience starting a business, but 13 years later, their children’s clothing company, Princess Awesome & Boy Wonder, has taken off.

But now, the company’s future is in jeopardy, thanks to the burden of steep, unlawful new tariffs. Fortunately, they’ve decided to punch back, and we’re proud to represent them in their fight.

MONTANA GOVERNOR ENDS DISCRIMINATORY QUOTAS IN MAJOR VICTORY FOR EQUALITY

In March 2024, PLF attorneys filed a federal lawsuit on behalf of Do No Harm, an association of medical professionals, challenging Montana’s unlawful consideration of race and gender in appointments to the state medical board.

This week, we’re pleased to announce that the case will be voluntarily dismissed following Montana Governor Greg Gianforte’s signing of HB 215 into law—eliminating race- and gender-based preferences in appointments to the state’s public boards and commissions.

GOVERNMENT SHOULD STOP REDEFINING ‘TAKE’ IN ENDANGERED SPECIES ACT ENFORCEMENT

When federal agencies want to stretch their powers beyond what Congress authorized, they can get almost admirably creative. Case in point: For 50 years, the United States Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) have redefined what it means to “take” an endangered animal.

As PLF attorney Charles Yates explains, according to FWS, for the past half-century, to “take” an animal has covered activities that might incidentally affect a species by merely modifying habitats where it could exist.

LAW.COM: WHEN CIVIL RIGHTS LAW BECOMES A WEAPON

Under disparate impact theory, businesses aren’t judged by whether they treat people equally—they’re judged by whether their outcomes match a bureaucratic ideal. Any deviation—regardless of cause—can trigger years of litigation, overwhelming discovery requests, gag orders, and financial ruin. In her latest op-ed for Law.com, PLF senior attorney Anastasia Boden points out that there are disparities in almost every industry, a simple reflection of the labor pool. “That’s not discrimination,” she argues. “That’s life.”

EMERGENCY ROOMS ARE OVERWHELMED—BUREAUCRACY IS TO BLAME

Emergency rooms across the country are overcrowded, forcing patients suffering from severe illnesses to wait hours for treatment. Worse still, when there are sudden increases in illness—say from an influenza outbreak—many hospitals simply aren’t able to keep up.

PLF’s Jaimie Cavanaugh and John Sweeney argue that Certificate of Need (CON) laws are a major contributor to the problem—preventing healthcare providers in many states from quickly adapting to abrupt increases in demand.