Have you ever heard someone say the Second Amendment only applies to flint-lock pistols? Or claim that the First Amendment is not designed for the internet? Or suggest that the police should not need probable cause to search cars because they did not exist in James Madison’s time? Last month the U.S. Supreme Court offered…
Story of Phoenix airport traveler who had $39,500 seized without criminal charges demonstrates what is at stake
PHOENIX—Proposed legislation to reform civil forfeiture practices in Arizona, House Bill 2810, was on a swift path to confirmation after nearly unanimous support in the House. Now, however, a proposed amendment in the Senate could gut the proposed reforms, encouraging abusive law enforcement practices rather than correcting them. The Institute for Justice (IJ) opposes the…
IJ brief calls on the Court to reject government’s attempt to restrict landowners’ ability to fight eminent domain
Arlington, Virginia—Today, the Institute for Justice (IJ) filed an amicus brief in PennEast Pipeline Company, LLC v. New Jersey, a U.S. Supreme Court case about the scope of private companies’ powers to take land through eminent domain to build pipelines under the Natural Gas Act. IJ’s brief urges the Court to reject arguments made by…
Today, New Mexico Gov. Michelle Lujan Grisham signed a first-of-its-kind bill that would let individuals sue government agencies for violating their rights. Critically, the new legislation, the New Mexico Civil Rights Act (HB 4), would eliminate “qualified immunity” as a legal defense. Under qualified immunity, government officials can only be held liable for violating someone’s…
Castle Hills Officials Ask Appeals Court to Reinstate Immunity, Delaying Government Accountability Case
Late last week, attorneys for three Castle Hills, Texas, officials appealed a ruling holding that they are not immune from suit. The officials, who were sued for throwing a 72-year-old city councilwoman in jail in an attempt to silence her criticism of the city, will ask the federal appeals court to grant them qualified immunity,…
New podcast episode traces the origin of a doctrine that protects law enforcement from suits for violations of constitutional rights
Arlington, Va.—Qualified immunity is the controversial judicial doctrine that allows law enforcement officers and other government officials to escape from lawsuits in which people allege that their constitutional rights were violated. Calls for the Supreme Court and lawmakers to reform or eliminate qualified immunity have echoed from across the political spectrum. But because qualified immunity…
When a pandemic waiver expires, online therapy by out-of-state counselors will be illegal, ending critical mental health services for many in the Empire State
ALBANY, N.Y.—The COVID-19 pandemic has taken a toll on the mental health of New Yorkers. According to the New York State Health Foundation, more than one-third of New Yorkers reported poor mental health in 2020, three times the average before the pandemic. Yet despite the demand for mental health services, the state could soon make…