Mountain States Legal Foundation Logo
Action Update


In His Last Year, President Obama Persists In Illegal Acts— His Eight Years Have Been an Affront to The Constitution; MSLF Sees It As A Target-Rich Environment And Fights Back!

Sep 15, 2016 | by William Perry Pendley

In President Obama’s first days, MSLF routed his “sue and settle” plan to stifle jobs, seize land, and stymie American energy.  Sued by three “Leave It (American energy) In The Ground” radical groups, his top officials quickly settled the frivolous case, paid the groups thousands of dollars for their short legal complaint, and set about to radically transform the U.S. Forest Service so it would kill the use of private property.  On behalf of the oldest, family-owned oil and gas company in the U.S.A. and a small trade association, MSLF fought back and won, not just once but twice at the U.S. Court of Appeals for the Third Circuit.  MSLF saved $500 million in economic activity, thousands of jobs, and an entire region that once had been doomed to economic ruin! 

Then, recently, MSLF vanquished Obama’s attempt to seize a Wyoming man’s land with an 8-1 victory at the Supreme Court of the United States.  It all began when federal agencies and their lawyers, greedy state agencies, as well as extreme land-grabbing groups demanded the man’s land despite that he held a federal patent to his land, that centuries of property law protected his rights, and that a 1942 ruling of the Supreme Court said he owned it.  As one federal lawyer told him, “You got it.  We want it.  We are going to get it, even if we have to take you all the way to the Supreme Court.”  That lawyer got to the Supreme Court but there MSLF handed him and scores of federal lawyers who were on the case with him a stunning defeat.  At oral argument, Justice Breyer said “millions” will benefit from MSLF’s property rights victory.

Now MSLF fights Obama’s most appalling racialist scheme ever:  the Federal Aviation Administration’s (FAA’s) hiring of air traffic controllers based on their race, an edict that is unconstitutional, illegal, and dangerous.  People will be killed!  Since 1991, air traffic controllers must graduate from aviation programs at 36 colleges and universities in 23 States and Puerto Rico, earn endorsements from professors, and get 85% or more on the FAA’s rigorous, eight-hour computer-based test.  No more.  To “transform” the FAA into a racially “diverse” agency, Obama officials set a 50% racial quota; that defies MSLF’s landmark Supreme Court Adarand victory and the Court’s 2009 ruling that governments may not stop race-neutral hiring to achieve diversity. 

In its biggest lawsuit in decades, MSLF sued the Obama administration on behalf of 2,000 to 3,500 men and women “purged” because of their race, but more is at stake.  The lives of tens of millions of passengers on board the 87,000 flights a day across America are in deadly jeopardy thanks to Obama!

Meanwhile, MSLF remains at the front lines fighting Obama’s war on Americans’ Second Amendment rights.  For example, Justice Alito cited with approval MSLF’s brief when the Court upheld the right of citizens in Obama’s Chicago to “keep and bear arms.”  As Obama’s agencies load up on arms and ammunition, they forbid citizens from defending themselves when on federal land.  That includes MSLF’s client Elizabeth Nesbitt who, because she fears a dangerous neighbor, legally carries a concealed weapon but cannot do so on U.S. Army Corps of Engineers recreational land where she wants to hike. 

Speaking of lawless agencies, the most lawless of all of them is the Environmental Protection Agency (EPA), which illegally declared war on coal after Congress refused to enact Obama’s insane “cap and trade” legislation.  It was therefore no surprise that when the EPA declared war on a Wyoming man who built a stock pond on his own private property with the permission of the Wyoming State Engineer, MSLF contacted him and offered to represent him pro bono so he could fight back.  That call paid big dividends.  The EPA cried “uncle” and ended its threat of $75,000 a day fines against the man.  In a Fox News television interview, MSLF’s client Andy Johnson was asked if he had a big legal bill.  “No,” he said, because MSLF represented him for free.

Elsewhere in Wyoming, the EPA declared that 1.48 million acres of Wyoming, which two tribes sold to the United States back in 1904—a sale Congress approved in 1905—and that were homesteaded by non-Indians,  falls under tribal court rule.  Obama’s top officials ruled that the sale never happened and that the land is “Indian country.”  That means that American citizens face the prospect that they will be hauled into tribal court.  In fact, the Riverton hospital has been sued there and faces years of legal fees.   

No federal law poses a greater threat to jobs, private property, and an economic future than the Endangered Species Act (ESA).  So MSLF is fighting Obama officials who, with radical environmental groups, abuse the ESA, close millions of acres of land, kill thousands of jobs, and seize private property. 

No neighbor is a worse neighbor than the federal government, but Obama’s top lawyers have made it an even worse neighbor.  For example, those lawyers argue that a binding legal precedent won by MSLF for owners of Michigan lakefront property does not keep the U.S. Forest Service from barring other landowners from using their property pursuant to State law. 

Most audaciously of all, Obama’s top officials cancelled a Reagan-era energy lease and voided a 1993 drilling permit that President Clinton earlier suspended.  The elderly lessee says it holds a world-class natural gas deposit but radicals want to stop him; Obama’s department heads and their lawyers agreed.  Their actions are unprecedented, ultra-virus, unlawful, and violate the man’s rights.  If Obama gets away with this, no property conveyed by the federal government will be safe from belated attack, even decades later!

MSLF’s legal caseload is big and getting bigger.  Your help is crucial!



Help protect constitutional liberties and private property rights, and promote limited and ethical government and the free enterprise system:

Donate Here