Arlington, Virginia—Yesterday, the U.S. Supreme Court issued its decision in Brownback v. King, a police brutality case involving an innocent college student, James King, who was brutally beaten in an unprovoked assault by members of a state-federal task force. On first glance, many presumed yesterday’s opinion ended James King’s legal quest to hold the officers…

Arlington, Virginia—In an appeal filed on February 18, the Institute for Justice is asking the U.S. Supreme Court to examine the question of whether federal judges have unfettered discretion to unilaterally inject their own arguments or legal theories into cases where state action is challenged and reaffirm that the federal courts cannot act as advocates…

Today, the Washington Supreme Court ruled that the state cannot make innocent conduct illegal. In doing so, it struck down Washington’s felony drug possession statute, RCW 69.50.4013, because it criminalizes any and all drug possession, even when the person unknowingly possesses an illegal drug. The case is State v. Blake, No. 96873-0.  The case concerned…

Arlington, Virginia—Today, in a case involving a college student beaten by law enforcement officers in an unprovoked attack, the U.S. Supreme Court refused the government’s request to create a new kind of immunity for the officers.  Instead, it sent the case against the officers back to a federal appeals court to decide whether claims brought in…

West Palm Beach, Fla.—The town of Lantana has practically robbed Sandy Martinez of the value of her home through excessive fines, mostly as a result of the way she parks her own cars in her own driveway. One parking violation, assessed daily for over a year, totals more than $100,000. The total amount the town…

Lincoln, Neb.—The city of Lincoln has amended the cottage food ordinance that last year prompted a lawsuit by the Institute for Justice (IJ) and home baker Cindy Harper, in partnership with Husch Blackwell LLP. In 2019, Cindy helped convince state lawmakers to adopt LB 304, which reformed Nebraska’s regulations for the home-based sale of shelf-stable…

By a vote of 39-29, the New Mexico House of Representatives approved a landmark bill on Tuesday that would let individuals sue government agencies for violating their rights. Critically, the proposed New Mexico Civil Rights Act (HB 4) would eliminate “qualified immunity” as a legal defense.  Under qualified immunity, government officials can only be held…

South Carolina is one step closer to taking a major step forward for food entrepreneurs and the “buy local” movement with the introduction of S. 506, which would expand the types of homemade foods South Carolinians can sell their neighbors to all shelf-stable foods, like jams, jellies, soup mixes and more. The legislation would also…

Sierra Vista, Ariz.—Staring down the possibility of homelessness, three Sierra Vista residents ordered to move their RV homes sued the city today. The suit comes just days after the city council chose to enforce eviction orders initially issued in 2020. The Institute for Justice (IJ), which has been working with the homeowners since last summer,…

Thinking of buying your sweetheart chocolates this Valentine’s Day? They better not be homemade, or you will be breaking the law. Although Wisconsin prides itself on fostering fresh and locally made food, it has one of the most restrictive laws on selling homemade food in the country. That’s why yesterday afternoon, seven Wisconsinites and the…

Harrisburg, Pa.—Today, the Pennsylvania Commonwealth Court struck a blow for transparency and good government when it ruled that the names of successful bidders at public auctions of property seized and forfeited by law enforcement are public records that must be disclosed. Today’s ruling is a victory for the LNP | LancasterOnline and its reporter, Carter…

Arlington, Va.—Across the country, law enforcement agencies use forfeiture to take billions of dollars in cash, cars and homes under the guise of fighting crime. Yet a new study released today by the Institute for Justice (IJ), “Does Forfeiture Work?,” demonstrates that state forfeiture programs do not help police fight crime. Instead, the study indicates…

Last night, Natu Bah and Builguissa Diallo, two parents who partnered with the Institute for Justice (IJ) to defend the Tennessee Education Savings Account Pilot Program from a constitutional challenge levied against it in February, filed a motion with the Tennessee Supreme Court to ensure Tennessee families can use Education Savings Accounts (ESAs) in the…

Late last week, Rep. Sonya Harper filed the Illinois Vegetable Garden Protection Act (HB 633), which would preserve and protect the right of all Illinoisans to “cultivate vegetable gardens on their own property, or on the property of another with the permission of the owner, in any county, municipality, or other political subdivision of this…

Albuquerque bans the sale of home-baked goods and New Mexicans living outside its largest city suffer from onerous regulations that make it difficult to start a homemade, or “cottage foods” business. A new bill being introduced Tuesday at 8:30 a.m. MST would permit New Mexican entrepreneurs in any city to start their own home-based food…

Arlington, Virginia—May states bar parents from participating in a student-aid program because they send their children to schools that provide religious instruction, or does that violate the Constitution?  That is the question the Institute for Justice (IJ) has asked the U.S. Supreme Court to resolve as it appeals a federal court ruling that discriminates against…

Monday afternoon, the Tennessee Supreme Court announced that it will hear the appeal from Natu Bah and Builguissa Diallo, two parents who partnered with the Institute for Justice (IJ) to defend the Tennessee Education Savings Account Pilot Program from a constitutional challenge levied against it in February. Bah and Diallo planned to use the ESAs…

Oklahoma City, Okla.—Should Oklahoma entrepreneurs be forced to spend thousands of dollars and at least 600 hours on esthetician coursework that does not even teach their trade? That question has led two Oklahoma eyebrow threading business owners, Shazia Ittiq and Seema Panjwani, to join forces with the Institute for Justice (IJ) to challenge the constitutionality…

EVENT: REMINDER OF THIS COURT ARGUMENT RESCHEDULED FROM JANUARY Indiana Supreme Court Hears Timbs Excessive Fines Argument, for Third Time, After U.S. Supreme Court Unanimously Overturns Earlier Ruling & Trial Court Awards Timbs His Vehicle DATE/TIME: Thursday, February 4, 2021 / 9 a.m. EST PLACE: Indiana Supreme Court Livestreamed on the court’s website: https://mycourts.in.gov/arguments/default.aspx?court=sup The…

“It was three against one, and they had guns. I knew better than to resist.” 5th Circuit Rules Federal Officers Can’t Be Sued Even If Qualified Immunity Doesn’t Apply to Them Arlington, Virginia—José Oliva survived the bloodiest year in Vietnam, but he most feared for his life when he was brutally beaten in an unprovoked…