Protecting Liberty Nationwide Through Legislative Reform

At IJ, we are in courts across the country fighting for people’s rights. But litigation isn’t the only way we fulfill our mission. We are also at state houses and in front of Congress advocating for legislative reform.

This year, IJ supported more than 160 bills in 40 jurisdictions. These bills expanded economic liberty, protected property rights, and advanced educational choice. And what makes IJ’s legislative efforts unique is that, unlike that of so many others walking the halls of legislatures, all of our work in this domain is about expanding freedom and tearing down barriers to opportunity. Here are some of the highlights.

IJ worked on legislation to reduce occupational licensing barriers in 24 states. This year, we supported several noteworthy bills that were enacted into law. Louisiana—the only state in the nation to require government permission to arrange flowers for a living—finally repealed its florist license. Georgia and Oklahoma both pared back licensing requirements for cosmetologists and barbers, creating new opportunities for people to work in the beauty industry without a license. 

Our work also took us to Nebraska and Tennessee, where we helped enact legislation to make it easier for people with criminal records to find work. Research shows that reducing licensing barriers for people with criminal records supports re-entry and increases public safety. Both bills improved the states’ standards used for determining whether a criminal record can disqualify a person from getting a license.  

Beyond occupational licensing reform, IJ advocated to lift other burdensome regulations. IJ supported a bill in Georgia that dramatically narrowed the scope of the state’s certificate of need (CON) laws, which require aspiring entrepreneurs to request permission from their would-be competitors before entering the market—and which are prominent in the transportation and healthcare industries. The bill exempted various facilities and services from CON requirements, including freestanding birth centers, new general acute hospitals in rural counties, and new or expanded psychiatric and substance abuse inpatient programs. 

IJ also cut red tape for food entrepreneurs in Arizona by helping enact one of the most expansive food freedom laws in the country. This bill, nicknamed the “Tamale Bill,” made national headlines last year when it was vetoed. Undeterred, IJ worked with legislators this year to overcome concerns so people can now legally sell and buy a broad variety of homemade foods. 

Another important focus of our legislative work this year was protecting property rights. IJ worked on at least 30 bills to protect property rights in more than 20 jurisdictions. In Delaware, for instance, we helped enact three bills that eliminated certain court fees and fee-related debt that too often extracted money from those who were least able to pay.

And in Kansas, we worked with local advocates to codify IJ’s U.S. Supreme Court victory in Timbs v. Indiana, which established that the Eighth Amendment’s protections against excessive penalties also apply to state and local governments. Kansas courts will now be required to determine whether a proposed forfeiture is unconstitutionally excessive. 

Finally, IJ had another successful year advancing educational choice. We advised on educational choice bills in at least 15 states. Notable reforms this year included Alabama’s and Louisiana’s enactments of educational savings account programs. 

All the legislation we worked on this session would not be possible without IJ’s litigation, activism, and strategic research. IJ’s work in the courtroom shows the need for change. Beyond setting legal precedent, we stand ready to work with interested legislators to advance liberty to the greatest extent possible.

Meagan Forbes is IJ’s senior legislative counsel.