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Plus, the AZ Supreme Court agrees to hear PLF client’s case over right to a jury trial...
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A small business’ fight for a jury trial heads to the Arizona Supreme Court; an Alaska business owner challenges a federal contracting mandate; and PLF’s Jaimie Cavanaugh and John Sweeney applaud Congress’ Rural Transformation Program.
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Arizona Supreme Court to hear PLF client’s jury trial rights case
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When the Arizona Corporation Commission—the Grand Canyon State’s securities regulators—filed a complaint claiming EFG America sold securities without proper registration, EFG founder Douglas Fimrite asked the Commission to transfer his case to an actual court where his trial would be decided by a jury.
After all, both the Arizona and U.S. Constitutions guarantee jury trials in civil cases where the government seeks monetary penalties—a principle the U.S. Supreme Court recently reaffirmed in SEC v. Jarkesy. Brazenly, the Commission denied Douglas’ request, and the Arizona Court of Appeals then upheld the decision, holding that defendants have no right to jury trials.
Fortunately, the Arizona Supreme Court agreed yesterday to review EFG’s case—and Douglas’ fight to restore his constitutional rights continues.
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Alaska contractor challenges mandate forcing union agreements on federal projects
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In 1979, Bill Slayden began a small plumbing business out of his garage in Alaska. Over 40 years, his hard work grew Slayden Plumbing & Heating, Inc. into a leading mechanical contractor employing over 60 people—with the vast majority of its revenue stemming from large-scale federal construction projects.
But when President Biden signed Executive Order 14063 in 2022, he torpedoed Bill’s business. The order directed all federal contractors to enter project labor agreements (PLAs)—collective bargaining agreements with unions—to even compete for large-scale federal construction projects. The Federal Acquisition Regulatory Council turned this into a binding regulation that took effect in January 2024, and the Trump administration has continued enforcing the policy without change.
Now, Bill and his company are fighting back with a lawsuit arguing that the mandate exceeds statutory authority and violates the nondelegation doctrine. A win would restore their right to compete for federal work and reinforce the proper separation of powers between Congress and the president.
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Equality before the law: The cornerstone of every individual right
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“We hold these truths to be self-evident, that all men are created equal” is arguably one of the most powerful phrases ever written. Before those words were immortalized in the Declaration of Independence in 1776, equality was a subject for philosophers to debate and despots to fear—but it had never served as the moral foundation of government itself.
In her latest blog, PLF’s Brittany Hunter explains that, through the signing of the Declaration, “the Founding Fathers transformed the principle of equality from a philosophical ideal into a political first principle, from which all other individual rights flow.”
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SCOTUS hears oral arguments in tariff challenges—PLF legal experts weigh in on hearing
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On Wednesday morning, a global audience tuned in to the Supreme Court’s livestream of oral arguments in the lawsuits over President Trump’s “Liberation Day” tariffs. Later that afternoon, PLF senior attorneys Oliver Dunford and Damien Schiff held a livestream offering their respective takeaways and predictions. You can watch the full, 42-minute discussion or read over a few of the major highlights at the link below.
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The Hill: The Rural Transformation Program is helping liberate health care markets in the states
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In their latest op-ed in The Hill, PLF’s Jaimie Cavanaugh and John Sweeney applauded Congress’ recently created Rural Transformation Program, noting that it’s “doing more than spending money; it is incentivizing growth and competition in the healthcare market.”
Under the new program, states will be judged on whether they have made positive certificate of need reforms
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and whether advanced practice providers can practice independently
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—issues PLF has long championed.
“Finally, a government policy that incentivizes states to get out of their own way.”
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Congress neglected its legislative authority again. SCOTUS has a chance to fix it.
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On Monday, Pacific Legal Foundation filed an amicus brief in support of Hernán Lopez and Full Play Group in a combined case: Full Play Group, S.A. v. United States, et al. and Lopez v. United States, et al.
If the Supreme Court grants certiorari for these combined cases, the Court can address Congress’s continual failure to exercise its constitutional responsibility as the chief lawmaking body. As the simple Schoolhouse Rock music video reminds us, Congress makes law, not judges.
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