Any time an advocate gets the U.S. Supreme Court to take up a case, it’s a bit like winning the appellate lottery.
Of course, not all of PLF's efforts have been successful. In 2017, for example, it lostin a 5-3 decision that set up a multi-factor test to determine when a taking requires compensation, to the detriment of property owners.
PLF is "part of a much larger and important story," University of California, Irvine School of Law professor Ann Southworth, author of the book "Lawyers of the Right: Professionalizing the Conservative Coalition," said via email. That is, how "conservative lawyers, advocacy organizations and their political and financial patrons have effectively used litigation and complementary strategies to challenge government authority to regulate.
Moreover, he told me, PLF avoids taking on hot-button political issues, even if doing so might offer “great fundraising capacity for a short period of time.” For example, Burling said PLF “rejected out of hand” calls by people urging the group to sue then-President Barack Obama over his birth certificate -- allegations that Burling called not only “legally infirm, but they were politically wrong.” Nor, he added, did PLF have any interest in taking on 2020 election fraud cases.
Instead, PLF concentrates its litigation firepower on three main areas: Defending individual property owners against what the organization sees as unreasonable government intrusion; challenging the reach of regulatory agencies; and so-called “equality and opportunity” cases. Those run the gamut from attacking allegedly
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