Plus, PLF’s Haley Dutch shines a spotlight on Nebraska’s draconian home birth laws...

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The Docket from Pacific Legal Foundation

PLF files two new lawsuits challenging unconstitutional economic restrictions; EPA administrator Lee Zeldin promises a new approach to fossil fuels; and PLF attorney Haley Dutch shines a spotlight on Nebraska’s draconian home birth laws.

Physical therapists defend their livelihoods and the patients Medicare won’t let them treat

While physicians and most other medical professionals can opt out of Medicare and still treat enrollees who pay out-of-pocket, physical therapists are uniquely—and unfairly—singled out. 

On Tuesday, PLF attorneys filed a federal lawsuit challenging the constitutionality of this arbitrary and discriminatory provision on behalf of Dr. Sean Wells and the United Physical Therapy Association.

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A Wyoming driver sets out on a new journey challenging California’s unconstitutional ridesharing restrictions

For Ted Maack, driving is a way of life. He’s a self-employed owner/operator of a small, Wyoming-based trucking company and has maintained an immaculate driving record through more than 25 years of commercial driving.  

But earlier this week, Ted buckled in for an altogether-different ride. He’s now heading to federal court challenging an unconstitutional California state law that restricts out-of-state drivers from earning a living through ridesharing.

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The law that turns midwives into felons

Picture this: You’re a certified nurse midwife living in rural Nebraska—uniquely trained and qualified to help women give birth. One day, your Amish neighbor knocks on your door—his wife, now nine months pregnant, believes you can help. Under Nebraska law, granting your neighbor’s request would make you a felon. 

Fortunately, as PLF attorney Haley Dutch explains, efforts are underway through both litigation and legislation to right this wrong once and for all.

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The regulatory ‘war’ on fossil fuels, explained

Environmental Protection Agency (EPA) administrator Lee Zeldin recently remarked that his agency would “end the … war” waged by previous administrations on certain facets of our domestic energy supply. While Zeldin’s comments drew praise from some, others dismissed the notion that a regulatory “war” on fossil fuels ever existed. 

PLF’s Will Yeatman took the opportunity to set the record straight, pointing out that “bureaucratic attacks” have been launched on fossil fuel businesses “from all over the administrative state”—not just the EPA.

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Regulatory oversight with the Congressional Review Act is not enough

Giving Congress the power to review major agency rules—as outlined in the Congressional Review Act—sounds good in theory. But as PLF’s Mitchell Scacchi points out in his latest blog, when Congress can pick and choose which regulations to scrutinize and disapprove, history tells us that the vast majority of the time, it does neither. 

The REINS Act—or Regulations from the Executive in Need of Scrutiny Act—would return responsibility for major regulations to the people’s representatives in Congress, helping restore accountability and congressional oversight of the administrative state.

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Superman: Embracing the American way​​

James Gunn’s Superman is the latest battleground in America’s culture wars—but according to PLF attorney Jack Brown, many critics seem to have lost the plot.

To Jack, Superman’s not just any comic-book hero—he’s “a quintessential American hero.”

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