Tag: Pacific Legal Foundation

Montana’s Race And Sex-Based Requirements for Key Medical Board Are Unconstitutional, Lawsuit Alleges

Arizona Sun Times Staff
Greg Gianforte

A medical watchdog sued the Montana governor Tuesday over race and sex-based requirements for the state’s top medical board.

The lawsuit was filed by the Pacific Legal Foundation (PLF), a public interest law firm, on behalf of Do No Harm (DNH), a medical activist organization, in the United States District Court for the District of Montana Helena Division against Republican Montana Gov. Gregory Gianforte. The PLF is representing an unidentified woman affiliated with DNH who cannot apply to the Montana Board of Medical Examiners due to the sex-based requirements, which PLF alleges violates the Equal Protection Clause of the Constitution, according to a DNH press release.

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California Doctors Sue to Stop Mandated ‘Implicit Bias Training’

Arizona Sun Times Staff

A medical nonprofit and two California doctors are suing the state medical board to block a law requiring mandatory implicit bias training in continuing medical education.

“Under the First Amendment to the United States Constitution, the government cannot compel speakers to engage in discussions on subjects they prefer to remain silent about,” the suit argued.

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Tucson Mom Added to Arizona’s ‘Central Registry’ Blacklist Wins Court Challenge

The Center Square

A Tucson mother accused of child neglect was vindicated after a trial judge allowed the Arizona Department of Child Services to drop its lawsuit.

The mom, known as “Sarra L.” in court documents, was charged with child endangerment and her name was placed on Arizona’s Central Registry list because she left her son at a park without her. 

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Arizona Rep. Shawnna Bolick Calls for Senators Kyrsten Sinema and Mark Kelly to Defend Charter Schools

Neil Jones

Arizona State Representative Shawnna Bolick (R-San Miguel) called on Senators Kyrsten Sinema (I-AZ) and Mark Kelly (D-AZ) to use their votes to protect charter schools around the nation from the Biden administration’s overreach.

“Will [Sinema] & [Kelly] stand with nearly 220K AZ public charter school kids and countless more families who support [school choice]? The teacher unions are using every tactic to drive a stake through [school choice],” tweeted Bolick

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Legal Foundations Prepare to Defend a Tucson Mother’s Right to Due Process from Bureaucrats

Neil Jones

The Goldwater Institute (GI) and Pacific Legal Foundation (PLF) filed their opening brief Wednesday in the case involving Tucson Mother Sarra L., who allegedly had her right to due process violated by the Arizona Department of Child Services (DCS).

“It’s shocking that Arizona bureaucrats are empowered to put a mother’s name on the state’s ‘do not hire’ list [Arizona Central Registry]—labeling her a child abuser, for as long as 25 years—without going through an actual court process, and under rules that courts in several other states have already declared unconstitutional,” said GI Vice President for Legal Affairs Timothy Sandefur in a statement shared with the Arizona Sun Times.

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Pacific Legal Finds Arizona Among States That Allow Home Equity Theft

Neil Jones

The Pacific Legal Foundation (PLF) released a comprehensive report Tuesday detailing that 12 states plus Washington D.C. have laws in place that allow for home equity theft (HET), including Arizona.

“Our findings are alarming,” said Angela Erickson, strategic research director at PLF. “Home equity theft is robbing thousands of people of their homes and all the equity they’ve built.”

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Group Sues U.S. Department of Education over Biden’s Student Loan Cancellation Plan

The Center Square

A nonprofit legal group filed a lawsuit Tuesday against the U.S. Department of Education to block its move to cancel up to $20,000 in student loan debt for some borrowers.

“Congress did not authorize the executive branch to unilaterally cancel student debt,” Pacific Legal Foundation attorney Caleb Kruckenberg said. “It’s flagrantly illegal for the executive branch to create a $500 billion program by press release, and without statutory authority or even the basic notice and comment procedure for new regulations.”

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Arizona Mother Fights Prosecution by Department of Child Safety to Defend Right to Due Process

Neil Jones

An Arizona mother, Sarra L., filed a lawsuit Wednesday, jointly represented by the Pacific Legal Foundation (PLF) and the Goldwater Institute, against the Arizona Department of Child Safety (AZDHS) to protect her right to due process and clear her name.

“Due process and the separation of powers should have protected Sarra from the Department of Child Safety’s abusive prosecution. DCS has a track record of ignoring due process that should protect innocent parties from severe punishment,” said Adi Dynar, an attorney for Pacific Legal Foundation. “Sarra is seeking to right the wrong done to her and prevent other parents from facing a similar fate in the future.”

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Sixth Circuit Rules CDC Eviction Moratorium Is Unconstitutional

Arizona Sun Times Staff

The Sixth Circuit Court of Appeals unanimously ruled that the national eviction moratorium mandated by the U.S. Centers for Disease Control and Prevention (CDC) is unconstitutional. The court said in its ruling that the matter ultimately needed to be resolved by Congress.

The three-judge panel ruled that the CDC engaged in federal overreach by mandating that tenants who are unable to pay their rent and are in breach of their rental agreements may not be evicted. The CDC had implemented a moratorium in response to millions of people losing their jobs due to governors shutting down their state economies to slow the spread of COVID-19.

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