Litigator Winter 2017
Litigator Winter 2017
Winter 2017
MOUNTAIN
STATES
LEGAL
FOUNDATION
Executive Offices:
2596 South Lewis Way
Lakewood, Colorado 80227
303-292-2021
Fax 303-292-1980
www.mountainstateslegal.org
original purpose of the Antiquities Act,
its history over the years, and the ability of President-elect Trump to reverse
Obamas decrees.
The Washington Times quotes Pendley, President Trump has plenty of
power to vacate the illegal actions of
President Obama with regard to those
monument decrees. [T]his is a question that needs to be answered...by the
Supreme Court. Where is it written that
a president on a land issue can bind all
future presidents? Thats insane.
Interviewed from Fox News headquarters in New York City on Special
Report with Bret Baier by Los Angelesbased Fox News correspondent William
La Jeunesse, Pendley declared, To be
fair the case would have to go to the
Supreme Court of the United States.
[W]ere in a new day and if the Attorney
General of Utah sues or the Nevada
Attorney General sues, I think theyre
going to get a different response from
the president of the United States and
Attorney General Sessions.
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Page One
PENDLEYS VIEW
In August, Obama designated
87,654 acres purchased for the National Park Service (NPS) as a seed
for its 1988 plan for a 3.2 million acre
park by a wealthy cosmetic magnate
who bought lands she closed to hunters and snowmobiles, as the Katahdin
Woods and Waters National Monument. Roxanne Quimby was born in
Cambridge, Massachusetts, studied
at San Franciscos Art Institute during
the Hippie movement, lived without
running water or electricity in rural
Maine, and, in the tradition of elixir
hawkers, grabbed part (beeswax) of
the natural-is-good fad, which she
sold for a third of a billion dollars. (I
was inspired by the bees. [W]hat
good little communists they are.) As
a National Park Foundation director,
she wanted a park, (a demonstration...there is something in AmericaI
can love), but that took local support
and an act of Congress.
Obama flouted state and local
opposition. Maines State Legislature
passed and its governor signed a
resolution against federalizing the area
and a meeting of residents among the
three discontiguous tracts in East Millinocket, echoing earlier town meetings, opposed the transfer. (Trapped
in those tractson land Quimby said
she owned but did notare 60 inholders who, like thousands before them,
are now NPS targets for removal.)
First, the Antiquities Act applies
only to items of antiquity. Moreover,
Obamas monument-being-managedas-a-park violates a 1998 federal law
requiring that Congress authorize all
new park suitability studies.
Second, the Founders envisioned
quick sale of federal lands. The
Property Clause granted Congress
an unconditional power of disposition,
but no specific power to own.
Third, assertions of a revitalized
region by shifting from logging
and milling to travel and tourism
is cynically false. The NPS plans a
wilderness, not a thriving economy.
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Page Two
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Page Three
Paul Kengor, author of The Crusader: Ronald Reagan and the Fall of Communism
Warriors for the West: Fighting Bureaucrats, Radical Groups, and Liberal Judges on
Americas Frontier (Regnery, 2006):
Hugh Hewitt
NOW AN AUDIOBOOK!
Sagebrush Rebel becomes even
more relevant with each passing day
and the news from across the country.
No need to miss out on this amazing
untold history of Ronald Reagan; it is
now available as an audiobook read by
the author himself. FREE with a $25
contribution to MSLF.
25 Years of
Condemning
Treachery,
Tyranny, and
Injustice
Sagebrush Rebel illuminates a forgotten Reagan warnot with the Soviets but
environmental extremists.
Linda Chavez
Michelle Malkin
An Environmental President
Summary
Judgment
MSLF receives no government funds (except when it wins in court and the judge
orders the federal government to pay attorneys fees and expenses).
KEEP READING!
The Litigator, MSLFs quarterly
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Page Four
Only YOU can ensure that MSLF may continue its vital work.
Problem
Estate Tax A person who dies in 2017 is entitled to an exclusion of up to $5,490,000; however, estates in excess of that amount may deduct charitable gifts, by will or trust. Because
2017 federal estate taxes over $5,490,000 range from 15 percent to 40 percent, for every
charitable gift of $1,000, the estate saves up to $400 in federal taxes. Please consult your tax
adviser. MSLF does not provide tax advice.
u Contributions of stock can be made electronically to MSLFs brokerage
Stock
account DTC 0164. When transferring stock, indicate acct. #7080-3528,
Transfer
Information Charles Schwab & Co., 518 17th St., Suite 100; Denver, CO 80202. (Joanna
Signature______________________________________________________________________
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Page Five
LEGAL
ACTION
n In support of a lawsuit by Pacific
Legal Foundation (PLF), MSLF filed
a friend of the court brief at the U.S.
Court of Appeals for the Ninth Circuit
in defense of property owners who
seek to bar union organizers from
entering their property.
n On behalf of Spur Ranch, owned by
the Tom Paterson family and located
on the Arizona-New Mexico border,
MSLF filed a friend of the court brief
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Page Six
NOTABLE
In a ruling that stunned legal observers, the Arizona federal district court
hearing the landmark civil rights lawsuit filed by MSLF against the Federal
Aviation Administration (FAA) and
other agencies and officials for violating
its clients rights dismissed the equal
protection count, limited the remedies
available to MSLFs client, dismissed
some of the defendants, and transferred the case to Washington, D.C.
MSLF quickly filed a motion asking the
district court to reconsider its ruling.
MSLF argued that the ruling is fatally
flawed because it limits its clients right
to be made whole through equitable
relief contrary to Title VII of the Civil
Rights Act, holds Congress implicitly
altered that title as to its client, and
wrongfully dismissed his equal protection claim, which provides him relief.
MSLF, on behalf of a class of thousands who met the FAAs time-tested
and rigorous tests for their employment
as air traffic controllers (ATCs) but
were purged after the FAA announced
minority hiring plans, filed its lawsuit
in December of 2015. Michael Pearson,
Esq., a former ATC of Curry, Pearson &
QUOTES
Keep up the good work.
Reginald D. Cook
Lone Pine, CA
Helping you in your noble crusade for
freedom is a privilege.
Margaret L. Brady
Eloy, AZ
Thanks very much for [William Perry
Pendleys] inspiring presentation at the Jefferson County Republican Mens Club.
LTC Ray E. Warren III, USA-Ret.
Lakewood, CO
Thank you for your recent lawsuit
against the [U.S. Department of Transportation and] FAAyour efforts are very
much appreciated.
James V. Young
San Francisco, CA
Keep up the excellent work.
William A. Hamilton, J.D., Ph.D.
Granby, CO
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Page Seven
MOUNTAIN
STATES
LEGAL
FOUNDATION
Steven J. Lechner
Janice K. Alvarado
EXECUTIVE COMMITTEE
law since 1977. Over the decades, MSLF learned that, whoever
sits in the Oval Office or whatever party controls Congress,
threats to freedom remain. MSLFs work continues.
First, President Trumps plan to drain the swamp is good;
but, truly ending all of the abuses of the Obama administration
requires MSLFs help.
Second, President Trumps top officials and
their lower ranking political appointees will not be
in place for weeks, months, or perhaps a year. That
time cannot be wasted. MSLF must take action
now to end illegal policies.
Third, there are issues on which MSLF may differ with Trump officials. For example, as to MSLFs
Adarand victory (Justice Scalia: In the eyes of
government, we are just one race here. It is American.) MSLF will not yield.
Fourth, when the Trump administration seeks
to undo the lawless acts of the Obama era, it will be
sued by huge, radical, leftist groups. MSLF must
enter those lawsuits to ensure full, complete, and
precedent-setting victories.
Fifth, the federal government is not the only source of
constitutional violations. State and local governments emulated
President Obama, violated the law, and then declared, Sue us.
So MSLF did and must keep doing so.
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