COMMON LAW: A Libertarian Victory Everyone Should Love
Today’s topic (inspired by Short Circuit) is an article about U.S. Army Corps of Engineers v. Hawkes published by the same group.* Generally, I read Short Circuit because the summaries are great and the politically motivated asides are easy to ignore.** This article, though, takes a well-earned victory lap after securing an order that I believe everyone should support.
*Lest you think my title is facetious, both the Institute for Justice (google blurb: “An U.S. libertarian public interest law firm. Dedicated to advance economic liberty, school choice, property rights, and free speech.”) and the Pacific Legal Foundation (wikipedia: ” the first and oldest conservative/libertarian public interest law firm in the United States”) appear to be unabashedly libertarian.
**For example, the June 3rd summaries accurately describe the Ninth Circuit’s rebuke of Arizona’s attempt to punish the Arizona Students’ Association for its speech, but can’t stop without noting the case makes “[n]o mention of the First Amendment rights of students compelled to fund advocacy with which they may not agree, who are not parties to the case.”