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Summary Judgment
  • Endangered Species Act: Out Of Control And Getting Worse

    Jul 01, 2011 | by William Perry Pendley
    Folks in the Texas Panhandle and southeastern New Mexico are in an uproar, and with good reason. At the behest of environmental groups, the U.S. Fish and Wildlife Service (FWS) moves inexorably toward a decision to place the sand dune lizard on the federal Endangered Species Act (ESA) list. As sim
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  • Arizona Asks U.S. Supreme Court: Is Federalism Still Alive?

    Jun 01, 2011 | by William Perry Pendley
    In early May, Arizona Governor Jan Brewer announced she will provide the Supreme Court of the United States with another opportunity to demonstrate that the U.S. Court of Appeals for the Ninth Circuit is the federal appeals court whose opinions it most frequently reviews, reverses, and remands. The
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  • The Constitution'S "Standing" Rule: Crucial To Liberty

    May 01, 2011 | by William Perry Pendley
    On April 19, 2011, the U.S. Supreme Court heard arguments in a case that addresses an issue that appears, at first blush, somewhat prosaic, but that is, in reality, truly paramount to preserving the separation of powers and the system of checks and balances that the Founding Fathers wrote into the C
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  • Epa Trashes Economic Growth, Jobs, And The Rule Of Law

    Apr 01, 2011 | by William Perry Pendley
    As Congress seeks to reign in the most out-of-control federal agency in Washington, the Environmental Protection Agency (EPA), folks in West Virginia wonder whether relief from the EPA’s empire building, enforcement actions, and edits will come in time.

    Coal mining is crucial to West Virgini

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  • Obama & His Officials: Contemptuous And Now In Contempt

    Mar 01, 2011 | by William Perry Pendley
    On May 27, 2010, following the blowout on BP’s Deepwater Horizon, Secretary of the Interior Ken Salazar completed a thirty-day review ordered by President Obama to determine if any actions were needed to ensure the safety of federal Outer Continental Shelf (OCS) oil and gas operations. In the Repor
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  • The Commerce Clause: It’S Not Just About Obamacare

    Feb 01, 2011 | by William Perry Pendley
    Ever since enactment of the Patient Protection and Affordable Care Act (ObamaCare) signed into law on March 23, 2010 and the filing of lawsuits that very day to challenge its constitutionality, the media and the public have been focused, as at no other time in decades, on the meaning of the Commerce
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  • The Washington Post Assails The West And Its Lawyers

    Jan 01, 2011 | by William Perry Pendley
    Phineas Taylor (P.T.) Barnum’s famous adage, "I don't care what the newspapers say about me as long as they spell my name right," was put to the test regarding Mountain States Legal Foundation (MSLF) recently.

    In early December 2010, The Washington Post ran an article headlined, Indians ques

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  • Ninth Circuit Bars Arizona From Protecting The Ballot Box

    Dec 01, 2010 | by William Perry Pendley
    In 2004, Arizona voters passed the Nation’s first ballot initiative to address the impact of illegal immigration, which, at the time, was costing Arizona $1 billion annually. Adopted by a wide margin (56% v. 44%), the Arizona Taxpayer and Citizen Protection Act (Proposition 200) requires proof of c
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  • Is Racial Discrimination Ever Substantially Justified?

    Nov 01, 2010 | by William Perry Pendley
    In 1995, in a ruling that generated banner headlines on the front page above the fold of every major newspaper in the country, grabbed the lead on every television network news show, and garnered the title legal earthquake by TIME, the Supreme Court of the United States held that the Constitution’s
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  • War On Western Grazing Returns To Federal Court

    Oct 01, 2010 | by William Perry Pendley
    In 1992, when Clinton ran for president, environmental groups made clear their objective once he entered the Oval Office. Cattle Free in '93, they cried, demanding that Clinton vacate the 18,000 grazing permits and leases held by western ranchers on nearly 160 million acres across the American West
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