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Seeking Sympathy, Telling Stories: PLF’s Winning Formula
The Pacific Legal Foundation (PLF), a libertarian public interest law firm, is gearing up for its latest case before the US Supreme Court, continuing its remarkable success streak. With an impressive track record of winning 17 out of its high court cases, including all three last term, PLF strategically chooses cases with sympathetic plaintiffs to underscore the real-world impacts of government actions.
Sheetz v. County of El Dorado: A Classic American Tale
PLF’s latest case, Sheetz v. County of El Dorado, California, follows the “classic American tale” narrative—a laborer turned business owner grappling with the whims of local government. Brian Hodges, a PLF attorney, emphasizes the organization’s commitment to finding individuals who allow them to present a compelling and sympathetic story.
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Occupying Neglected Spaces: PLF’s Niche Approach
Established in 1973, PLF, based in Sacramento, boasts over 100 attorneys and staff. Billing itself as a civil rights group, the firm focuses on individual rights, emphasizing economic liberties—a crucial aspect often overlooked by traditional civil rights groups.
Director of Litigation Larry Salzman notes that PLF’s niche lies in occupying spaces that conventional civil rights movements neglected. The organization maintains a constant stream of cases at various levels and circuits, conducting its research and filing records requests to identify instances and plaintiffs.
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Building a Reputation and a Pipeline
PLF’s reputation has led plaintiffs and local attorneys to seek assistance. The organization conducts academic research to identify cases, exemplified by its victory in Tyler v. Hennepin County, where a unanimous court ruled against the seizure of a 94-year-old’s condo for a $15,000 tax bill.
The Sheetz case came to PLF when former attorney Paul Beard II, now in private practice, filed a petition alleging that a California county acted illegally in forcing George Sheetz to pay over $23,000 in fees for unrelated road improvements before building a home on his property.
Unraveling Unconstitutional Conditions: A 40-Year Pursuit
PLF’s involvement in the “unconstitutional conditions” issue dates back to its first high court case in 1987, Nollan v. California Coastal Commission. Subsequent cases, Dolan v. Tigar (1994) and Koontz v. St. Johns River Water Management District (2013), further clarified and strengthened the rule against unrelated fees as conditions for property development.
The Sheetz case represents the last question: does the unconstitutional conditions doctrine apply only to bureaucrats’ decisions or legislative schemes?
Strategic Borrowing from the Left: A Lesson in Legal Tactics
UCLA law professor Scott Cummings notes that PLF’s strategy of seeking out sympathetic clients mirrors tactics employed by left-leaning groups like the NAACP and ACLU in the 1960s and 1970s. This approach led to landmark victories, such as the NAACP’s Brown v. Board of Education in 1954.
Considering these tactics, Conservatives began to exploit the vast opportunities in the courts. As the first on the right to adopt this strategy, PLF has successfully implemented it in recent terms.
A Winning Formula: PLF’s Alignment with the Court
PLF President and CEO Steven Anderson acknowledges the recent alignment of the court’s focus with PLF’s expertise, particularly in property rights and separation of powers. While PLF has secured victories with the court’s new members, Anderson emphasizes that the decisions often transcend predictable ideological lines.
In Wilkins v. United States, one of PLF’s wins last term, Trump appointees joined the court’s liberals in a 6-3 decision, demonstrating that support for PLF’s causes transcends political affiliations. According to Anderson, success often hinges on something that “resonates with people in their gut.”
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