PHOENIX—Proposed legislation to reform civil forfeiture practices in Arizona, House Bill 2810, was on a swift path to confirmation after nearly unanimous support in the House. Now, however, a proposed amendment in the Senate could gut the proposed reforms, encouraging abusive law enforcement practices rather than correcting them. The Institute for Justice (IJ) opposes the…

Arlington, Virginia—Today, the Institute for Justice (IJ) filed an amicus brief in PennEast Pipeline Company, LLC v. New Jersey, a U.S. Supreme Court case about the scope of private companies’ powers to take land through eminent domain to build pipelines under the Natural Gas Act. IJ’s brief urges the Court to reject arguments made by…

Today, New Mexico Gov. Michelle Lujan Grisham signed a first-of-its-kind bill that would let individuals sue government agencies for violating their rights. Critically, the new legislation, the New Mexico Civil Rights Act (HB 4), would eliminate “qualified immunity” as a legal defense.  Under qualified immunity, government officials can only be held liable for violating someone’s…

Late last week, attorneys for three Castle Hills, Texas, officials appealed a ruling holding that they are not immune from suit. The officials, who were sued for throwing a 72-year-old city councilwoman in jail in an attempt to silence her criticism of the city, will ask the federal appeals court to grant them qualified immunity,…

Arlington, Va.—Qualified immunity is the controversial judicial doctrine that allows law enforcement officers and other government officials to escape from lawsuits in which people allege that their constitutional rights were violated. Calls for the Supreme Court and lawmakers to reform or eliminate qualified immunity have echoed from across the political spectrum. But because qualified immunity…

ALBANY, N.Y.—The COVID-19 pandemic has taken a toll on the mental health of New Yorkers. According to the New York State Health Foundation, more than one-third of New Yorkers reported poor mental health in 2020, three times the average before the pandemic. Yet despite the demand for mental health services, the state could soon make…

Tallahassee, Fla.—With the Florida House of Representatives’ passage of House Bill 663, Florida moves one step closer to reforming rules on selling shelf-stable homemade food, commonly known as cottage foods. Florida law currently includes outdated requirements that do not exist in most states, and this overdue reform could lead to the creation of new small businesses across the Sunshine State. The Institute for Justice (IJ),…

PITTSBURGH—When travelers go online to find out whether it is legal to fly with cash, the government tells them that there are no restrictions on traveling with any amount of money on domestic flights. What it does not tell flyers is that, upon seeing cash, Transportation Security Administration (TSA) screeners will detain them and turn…

Frankfort, Ky.—This evening, the Institute for Justice (IJ) announced that it stands ready to defend against an anticipated legal challenge to Kentucky’s newly enacted Education Opportunity Account (EOA) Program by opponents of educational choice. Earlier this evening, the Kentucky General Assembly overrode Gov. Andy Beshear’s veto of the legislation creating the program. The EOA Program…

Arlington, Virginia—Today, the Supreme Court held in Torres v. Madrid that a woman who was shot in the back by plain-clothed police officers may proceed with her Fourth Amendment challenge to the shooting. In a 5–3 decision, the Court rejected the officers’ argument that Roxanne Torres was not “seized” by their bullets merely because she…

Raleigh, N.C.—Drones are revolutionizing the way we view the world, making aerial photography easier and less expensive. But drone entrepreneurs on the cutting edge are finding a very old industry standing in the way: land surveying. In North Carolina, the Board of Examiners for Engineers and Surveyors sends warnings to drone operators saying that certain…

Arlington, Virginia—In Caniglia v. Strom, to be argued on Wednesday, March 24, the U.S. Supreme Court will decide if the Fourth Amendment allows police to enter people’s homes without a warrant whenever an officer is acting as a “community caretaker.” The Institute for Justice (IJ) submitted a friend-of-the-court brief asking the Court to reject that…

Santa Fe, N.M.—Saturday afternoon, the New Mexico Senate voted 38-2 to pass the Homemade Food Act, which would make it easier for New Mexicans to support their families by selling foods made in their home kitchens. The bill passed the New Mexico House of Representatives 63-1 earlier in March. Currently, New Mexico has one of…

Riverside, Calif.—Four years ago, Norco homeowner Ron Mugar dared to defend his property in court, and he won. Yet for doing so Ron was nonetheless punished. Norco’s for-profit code enforcement prosecutors—lawyers with Dapeer, Rosenblit & Litvak LLP—charged Ron over $60,000 for what they called “obstructive tactics.” It is illegal and brazen for a law firm…

When the New Mexico House of Representatives considered the Homemade Food Act, HB 177 last week—a bill to make it easier for people to support their families by selling foods made in their home kitchen—several legislators touted the bill as an example of the system working. In a time when partisan politics are at their…

WASHINGTON—In a battle waged in a federal courtroom rather than the high seas, an experienced merchant mariner yesterday bested the Coast Guard and a private association, moving him a step closer to piloting ships on the Great Lakes. D.C. District Court Judge Amit Mehta ruled that the Coast Guard violated federal law in denying Captain…

SOUTH PADRE ISLAND, Tx.—Late last year, Texas Judge Arturo Cisneros Nelson struck down South Padre Island’s anti-competitive 12-permit cap and restaurant permission scheme, declaring them unconstitutional and ending two years of litigation. This was great news for area food truck owners, who began taking steps to take full advantage of the busy travel season kicking…

More than a dozen influential nonprofit organizations from across the political spectrum sent a coalition letter this week calling on Congress “to curb law enforcement’s power to use and abuse the practice of civil forfeiture by enacting strong reforms.” Under civil forfeiture, law enforcement can permanently confiscate property from innocent owners without ever charging them…

Arlington, Virginia—Last week, a collection of ten different “friends of the court” urged the U.S. Supreme Court to hear a school choice case arising out of Maine. The question before the Court is whether states may bar families from participating in student-aid programs simply because they send their children to schools that provide religious instruction.…

SEATTLE—This morning, the Washington Supreme Court will hear argument in City of Seattle v. Long, a case concerning the Excessive Fines Clause of the U.S. Constitution. The court will consider whether the clause prohibits the city of Seattle from imposing a $547 charge on a homeless man after the city impounded the truck in which…