(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)
In 2015, the Supreme Court ruled that state occupational licensing boards and their members can be held liable for antitrust violations if their rulemaking and enforcement actions are found to benefit their industry, rather than the public. A bill working its way through Congress offers a way for states to shield boards from such liability: beef up judicial review of occupational licensing and/or establish an independent agency to supervise boards. IJ’s Nick Sibilla has the story.
Last month, Gerardo Serrano sued Customs and Border Protection (CBP) after the agency seized his truck — and kept it for two years without giving him a hearing or charging him with a crime. Last week, CBP returned the truck, washed and waxed and with new tires and batteries. Which is good! But not good enough. Gerardo has been making loan and insurance payments on the truck plus paying for rental cars all this time, and the agency hasn’t returned the bond he posted to contest the forfeiture. So the lawsuit is not over. In addition to damages, Gerardo is seeking a nationwide injunction to force CBP to give property owners prompt hearings. Read more here.