Libertylaw October 05 EDITED.Indd
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&LAW October 2005 Volume 14 Issue 5 Inside This Issue Grassroots Battle Against Eminent Domain Abuse 2 Clerk Work: Two Summers at IJ 4 ON AIR? Director Milnikel Grows IJ Clinic & Entrepreneurs IJ-WA Defends Free Speech 5 In Washington State By Charity Osborn The trouble started when a group of citi- 14 Years of Success: The dire warnings of campaign finance reform zens opposed to Washington’s newly instituted Inside the IJ Story opponents are now coming true. 9 1/2-cent tax increase on gasoline formed Here in Washington state, talk radio hosts may NoNewGasTax.com (NNGT), a political action com- be pressured into silence on important public issues mittee dedicated to putting the gas tax to a vote. 6 because their speech is objectionable to the political Initiative 912 (I-912) proved popular with the public establishment. To make matters worse, the pressure and it quickly became apparent that NNGT would may come at the hands of financially and politically succeed in gathering the 225,000 signatures it motivated local governments, delegating their pros- needed to accomplish its goal within a short 32 -day ecutorial power to an equally self-interested law firm. time period. Published Bimonthly by the The Institute for Justice Washington Chapter NNGT’s success can be attributed in part Institute for Justice (IJ-WA) is defending against this unprecedented to the on-air coverage given I-912 by conserva- assault on free speech, free association and due tive radio talk show hosts John Carlson and Kirby visit us online: process. Free Speech continued on page 9 www.ij.org &LAW Castle Coalition Continues the Grassroots Battle Against Eminent Domain Abuse By Steven Anderson Supreme Court deci- In true Institute for Justice fashion, sions often divide the within one week of the U.S. Supreme Court’s nation, every poll indi- dreadful Kelo decision, the Castle Coalition cates nearly universal, launched the Hands Off My Home campaign, nationwide outrage an aggressive initiative to effect reform of against the decision, The Evening Bulletin eminent domain laws at the state and local uniting disparate level. groups interested in Jim McCaffrey, Jim McCaffrey, The importance of the campaign can- arresting this growth of Castle Coalition members and Ardmore residents and business owners, not be underestimated—the decision opened government power. At from left, Dr. Eni Foo, Betty Foo, Sharon Eckstein and Scott Mahan the floodgates to continued eminent domain last count, legislators testify before Pennsylvania House Committee. abuse. Just hours after the case was from more than 30 decided, Freeport, Texas, made legal filings states and the U.S. Congress were consider- at the state and federal level every step to condemn two seafood businesses in order ing eminent domain reform bills. Alabama of the way. We held our annual Eminent to build a private marina. Less than three swiftly enacted more-restrictive condemna- Domain Activist Conference in early July, weeks after the announcement, the City tion laws, and though it still leaves a signifi- inviting home and small business owners of Sunset Hills, Mo., voted to condemn 85 cant loophole for bogus blight designations, to Washington, D.C., to learn tools and homes and small businesses to build a $165 it’s a good first step. Texas Governor Rick techniques necessary to save their property. million lifestyle center. Perry soon thereafter signed similar legisla- Some are already beginning to organize at But the response across the country in tion. Local governments from coast to coast the state level, an important move for state- opposition to the case and the abuse of emi- are also moving to restrict their power, which wide change. One of the top priorities for nent domain has been overwhelming—and is another positive sign. the Castle Coalition in the near future is to the outcry is translating into action. While The Castle Coalition has been active ensure we have state networks across the The Floodgates Are Open Tax-Hungry Governments & Land-Hungry Developers take property from home and small business owners. Rejoice in Green Light from U.S. Supreme Court Dozens of examples from newspapers across the country show that the threat of condemnation to homes, small businesses, church- In the wake of the U.S. Supreme Court’s decision in Kelo es and other property from government-forced private development v. City of New London upholding the use of eminent domain for projects is being realized. These incidents are the tip of the iceberg. private development, the floodgates are opening to abuse. Already, Visit www.castlecoalition.org/floodgates for a compila- the ruling has emboldened governments and developers seeking to tion of these articles. 2 October 2005 nation, and it’s good to see some of this occurring spontaneously now. We’ve been highly sought after by legislators and citizens alike for specific ideas on what state and local governments can do to make sure that what happened in New London does not happen anywhere else. We are the group to go to on eminent domain reform. Members of the Castle Coalition team have provided testimony in Connecticut, Illinois, New Hampshire, Missouri, Arkansas, Indiana and Pennsylvania already—and we expect to be engaged in legislative reform in many other states as repre- Taking Individual Liberty sentatives return to work at the begin- ning of next year. Congressional hear- Coast to Coast ings began in earnest in September and these will hopefully result in bills that withhold funding from govern- ments that use eminent domain for private development purposes. After a whirlwind of speaking engagements on school Our website (www.castlecoalition. choice, property rights and economic liberty during the org) has become the central repository 2004-05 school year, Institute for Justice attorneys are off for information related to the Kelo case to the races again as law schools come back into session. and eminent domain abuse. We’ve Excitement is growing over IJ’s Hands Off My Home project added a significant amount of content, that is focusing the public outrage over the High Court’s Kelo including model legislation and current opinion and turning it into legislative victories. controversies, and much more will Just this fall, IJ attorneys and staff will speak nationwide be coming in the future, along with a at more than 25 events hosted by the State Policy Network, new look and additional features. As Federalist Society student and lawyer chapters, and other always, we continue to work at the like-minded organizations. Through these venues, Institute grassroots level to stop government from taking private property for private for Justice attorneys promote IJ cases, libertarian philosophy gain. and public interest law, as well as our law student conference Given the current climate, there and clerkships. IJ attorneys were among the most-frequently is no better time to be a part of the requested speakers at the Federalist Society student chapters Castle Coalition. As we grow in both last year and expect to be this year as well. size and scope over the next few To view a list of these and other IJ talks, please visit months, we are confident that the www.ij.org/speakers_events. If you are interested in hosting success we’ve had in the past will con- an IJ attorney to speak at your school or venue, please contact tinue—and we’ll all be Elizabeth Moser, outreach coordinator, at [email protected].◆ safe in our castles.◆ Steven Anderson is coordinator of the Castle Coalition. 33 &LAW No Easy Answers Allowed Two Summers of Uphill Battles for This IJ Clerk By Emily Schleicher homeowners. There Over the past two summers, I have had was, of course, the good fortune to be counted among the disappointment dozen or so law students the Institute for and anger, but the Justice annually invites to work as summer incredible thing was clerks in the Washington, D.C. office. Hailing witnessing IJ’s reac- from the nation’s top law schools, clerks spend tion to the decision. the summer working closely with IJ attorneys The office leapt into on cutting-edge constitutional theories and the action on all fronts, plethora of thorny procedural questions that and by the time my arise at every stage of litigation. second summer We arrive having learned—either in the came to a close, classroom or at law firms—to identify and the current of public advocate only safe, accepted solutions to legal opinion was set questions. But such solutions are not IJ’s strongly against the dominion, and the training clerks receive is decision, and now unique and invaluable as a result. dozens of states The clerks’ job is to assist the attorneys and Congress had in identifying ways to show the courts and either passed or the public that the law has gone terribly were considering astray—and to show them the way to set things legislation to pro- straight. hibit takings for pri- Emily Schleicher spent her past two summers fighting for free- My experience with Kelo v. City of New vate development. dom as an IJ law clerk. London showed me what it means to do that Only IJ could turn a job. Much of my first summer was devoted dreadful Supreme Court opinion edge constitutional issues. But to conducting research for Senior Attorneys into a victory for property rights. this pales in comparison to the Dana Berliner and Scott Bullock, who were The most important lesson astounding realization that the at the time busily working on the petition for clerks learn in their time at IJ, handful of principled, passionate certiorari in Kelo, in which we asked the U.S.