Community Rights Counsel

Last updated

The Community Rights Counsel was an American non-profit, public interest law firm formed in 1997 by the late Doug Kendall. Its general aim was to assist communities in protecting their health and welfare. The organization's legal work focused on the intersection of environmental and constitutional law, filing frequent amicus briefs in cases defending governmental action against claims of "regulatory takings."

Contents

Activities

The group promoted judicial ethics, exposing the practice of judges attending junkets sponsored by right wing think tanks that espoused free market anti-regulatory philosophies. [1] Their findings were published in two reports, Nothing for Free: How Private Judicial Seminars Are Undermining Environmental Protections and Breaking the Public's Trust (July 2000), and Tainted Justice: How Private Judicial Trips Undermine Public Trust in the Federal Judiciary (March 2004). [2] A version of Tainted Justice was published in the Georgetown Journal of Legal Ethics 18:65-134.

The group has since been absorbed into the Constitutional Accountability Center, [2] a legal advocacy group. [3]

Cases

The group filed many amicus briefs in state and federal appellate courts and the Supreme Court supporting the federal government. Among their notable briefs was an amicus submission in Gonzales v. Raich (2005). [4] The case concerned whether the federal government had the power to regulate medical marijuana under the Constitution's Commerce Clause, which is the basis of federal authority for many health, safety, welfare, and environmental statutes. Had the federal government lost, many federal laws and regulations might not be enforceable except by a state-level action.

Related Research Articles

<span class="mw-page-title-main">Supreme Court of the United States</span> Highest court of jurisdiction in the US

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case Marbury v Madison. It is also able to strike down presidential directives for violating either the Constitution or statutory law.

An amicus curiae is an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an amicus brief will be considered is typically under the court's discretion. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of amici curiae is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question.

<span class="mw-page-title-main">Washington Legal Foundation</span> Non-profit organization in the USA

The Washington Legal Foundation (WLF) is a non-profit legal organization located at 2007-2009 Massachusetts Avenue NW, on Embassy Row in Washington, D.C. Founded in 1977, the Foundation's stated goal is "to defend and promote the principles of freedom and justice." The organization promotes pro-business and free-market positions and is widely perceived as conservative.

District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that certain restrictions on guns and gun ownership were permissible. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.

<span class="mw-page-title-main">Sholom Rubashkin</span> Former executive officer of Agriprocessors

Sholom Mordechai Rubashkin is the former CEO of Agriprocessors, a now-bankrupt kosher slaughterhouse and meat packing plant in Postville, Iowa, formerly owned by his father, Aaron Rubashkin. During his time as CEO of the plant, Agriprocessors grew into one of the nation's largest kosher meat producers, but was also cited for issues involving animal cruelty, food safety, environmental safety, child labor, and hiring undocumented immigrants.

Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. The case underscored the essential role of habeas corpus as a safeguard against government overreach, ensuring that individuals cannot be detained indefinitely without the opportunity to challenge the legality of their detention. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.

<span class="mw-page-title-main">Jonathan H. Adler</span> American legal scholar

Jonathan H. Adler is an American legal commentator and law professor at the Case Western Reserve University School of Law. He has been recognized as one of the most cited professors in the field of environmental law. His research is also credited with inspiring litigation that challenged the Obama Administration's implementation of the Affordable Care Act, resulting in the Supreme Court's decision in King v. Burwell.

The Pacific Legal Foundation (PLF) is an American nonprofit public interest law firm established for the purpose of defending and promoting individual freedom. PLF attorneys provide pro bono legal representation, file amicus curiae briefs, and hold administrative proceedings with the stated goal of supporting property rights, equality and opportunity, and the separation of powers. The organization is the first and oldest libertarian public interest law firm, having been founded in 1973.

Legal Momentum, founded in 1970, is a 501(c)(3) nonprofit and the nation's first and longest-serving legal advocacy group for women in the United States. Betty Friedan and Muriel Fox were its co-founders and Muriel Fox is an ongoing leader of the organization. Carol Baldwin Moody became President and CEO in April 2018. The organization, founded as the NOW Legal Defense and Education Fund, became Legal Momentum in 2004. Legal Momentum is a multi-issue organization dedicated to advancing women’s rights and gender equality, particularly in the areas of equal education opportunities; fairness in the courts; ending all forms of gender-based violence; workplace equality and economic empowerment. The organization employs three main strategies: impact litigation, policy advocacy, and educational initiatives. It is headquartered in New York City.

<span class="mw-page-title-main">David W. Ogden</span> American lawyer (born 1953)

David William Ogden, known professionally as David W. Ogden is an American lawyer who served as the deputy attorney general of the United States. An American lawyer, Ogden was also a high-ranking official in the United States Department of Justice and the United States Department of Defense during the administration of President Bill Clinton.

Established in 1977, Atlantic Legal Foundation, also known as ALF, is a 501(c)(3) nonprofit, nonpartisan public interest law firm that litigates individual liberty, deregulation, free enterprise, and private property rights. The foundation was started to pursue a “deep commitment to redressing the bias against business which manifests itself in favor of narrow ‘consumer’ or ‘environmental’ concerns.” ALF has argued against environmental and worker regulations promulgated by federal agencies and works to promote “school-choice”. Atlantic Legal provides legal representation, without fee, to certain individuals, corporations, trade associations, parents, scientists, and educators.

The Native American Rights Fund (NARF) is a non-profit organization, based in Boulder, Colorado, that uses existing laws and treaties to ensure that U.S. state governments and the U.S. federal government live up to their legal obligations. NARF also "provides legal representation and technical assistance to Indian tribes, organizations and individuals nationwide."

Gonzales v. Raich, 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that, under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.

The Bipartisan Legal Advisory Group (BLAG) has been a standing body of the U.S. House of Representatives since 1993 that directs the activities of the House Office of General Counsel. BLAG can direct the General Counsel to participate in litigation or file an amicus curiae brief in cases involving the interests of the House or BLAG can call for legislation or a House resolution authorizing the General Counsel to represent the House itself. BLAG comprises five members of House leadership:

<i>Golinski v. Office of Personnel Management</i> Lawsuit filed in the United States District Court for the Northern District of California

Golinski v. Office of Personnel Management, 824 F. Supp. 2d 968, was a lawsuit filed in the United States District Court for the Northern District of California. The plaintiff, Karen Golinski, challenged the constitutionality of section 3 of the Defense of Marriage Act (DOMA), which defined, for the purposes of federal law, marriage as being between one man and one woman, and spouse as a husband or wife of the opposite sex.

Sackett v. Environmental Protection Agency, 566 U.S. 120 (2012), also known as Sackett I, is a United States Supreme Court case in which the Court held that orders issued by the Environmental Protection Agency under the Clean Water Act are subject to the Administrative Procedure Act. The Court ruled that because the Environmental Protection Agency's orders constitute "final agency action" under the Administrative Procedure Act, federal courts may hear appeals from its orders.

Koontz v. St. Johns River Water Management District, 570 U.S. 595 (2013), is a United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of development permits must comply with the "nexus" and "rough proportionality" standards of Nollan v. California Coastal Commission and Dolan v. City of Tigard, even if the condition consists of a requirement to pay money, and even if the permit is denied for failure to agree to the condition. It was the first case in which monetary exactions were found to be unconstitutional conditions.

Lane v. Franks, 573 U.S. 228 (2014), is a U.S. Supreme Court case involving public employee's freedom of speech rights. Edward Lane sued Steve Franks for unfairly firing him, out of retaliation for sworn testimony Lane gave during a federal fraud case. The Eleventh Circuit originally ruled in favor of Franks, “denying [Lane] first amendment protection to subpoenaed testimony”. The case was argued before the Supreme Court on April 28, 2014. The case was decided on June 19, 2014.

<span class="mw-page-title-main">Neomi Rao</span> American federal judge (born 1973)

Neomi Jehangir Rao is an American jurist and legal scholar serving since 2019 as a U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit. She was appointed by President Donald Trump, having served in the Trump Administration from 2017 to 2019 as Administrator of the Office of Information and Regulatory Affairs. She was previously a professor of law at George Mason University's Antonin Scalia Law School.

<span class="mw-page-title-main">Institute for Policy Integrity</span> Think Tank

The Institute for Policy Integrity is a non-partisan think tank housed within the New York University School of Law. Policy Integrity is dedicated to improving government decisionmaking, and its primary area of focus is climate and energy policy. Policy Integrity produces original scholarly research and advocates for reform before courts, legislatures, and executive agencies at both the federal and state level.

References

  1. Bruss, Keith (2014-10-22). "Wrongful death lawsuits: who can file one?" . Retrieved 2024-06-15.
  2. 1 2 "About CRC". Archived from the original on 2009-04-29. Retrieved 2009-06-10.{{cite web}}: CS1 maint: unfit URL (link)
  3. Liptak, Adam (28 June 2013). "Roberts Pulls Supreme Court to the Right Step by Step". The New York Times.
  4. Lane, Charles (2004-11-29). "Court to Hear Marijuana Case Legality of Cultivating Plant for Medical Use Is at Issue". The Washington Post . Archived from the original on 2009-03-30. Retrieved 2009-06-10.{{cite web}}: CS1 maint: unfit URL (link)