Latest Cases & Legal Insights

While not undertaken directly under the Florida Legal Foundation’s banner, we believe this recent development is worth highlighting. Foundation President Frank A. Shepherd, serving as a court-appointed arbitrator in a court-ordered Non-Binding Arbitration, issued a significant decision holding that Collier County had violated both Florida’s Bert J. Harris Private Property Protection Act (§70.001 et seq.) and the takings clause of Article X, Section 6 of the Florida Constituti

The Florida Legal Foundation is sounding the alarm: new ATF rules on pistol braces could turn law-abiding gun owners into criminals—without any new law from Congress. In a strongly worded legal filing, they argue the agency is crossing a constitutional line and threatening the separation of powers.

The California Supreme Court just ruled that you can’t keep someone in jail simply because they can’t afford bail. In In re Humphrey, the court declared that pretrial detention based solely on poverty is unconstitutional—a decision that could reshape how justice works across the state.

Florida just changed the game for anyone dealing with state agencies. With the passage of Amendment 6, judges—not bureaucrats—now have the final say on interpreting laws. It’s the end of agency deference in the Sunshine State, and it could be the start of a national trend.

During the height of the COVID-19 crisis, the CDC issued a sweeping eviction ban—but can a federal agency override state courts and property rights? In Cowley v. Spicliff, a Florida landlord pushes back, and the case raises serious constitutional questions about due process, federal overreach, and the limits of emergency power.

Can a loving parent step into a courtroom and speak for their child without hiring an attorney? A case out of Florida says they should—but federal courts have said otherwise. Now, the U.S. Supreme Court is being asked to weigh in. This case could change how parental rights and access to justice work for families across the country.