Amici Curiae: Pacific Legal Foundation
Wilkie v Frank Robbins Case
by Cat Urbigkit, Pinedale Online!
February 28, 2007
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Pacific Legal Foundation, the Washington Farm Bureau and the Wyoming Farm Bureau Federation.
According to the brief:
“Petitioners’ arguments are based on a disturbing and mistaken understanding of the relationship between the American people, their government, and constitutional protections of private property rights. The Framers of the Constitution accorded great weight to the importance of private property as a bulwark of personal sovereignty and autonomy, which not even the power of government could breach except in limited circumstances, such as through the exercise of eminent domain. The most essential strand in the bundle of rights that comprise property is the right to exclude, and the right to exclude the government is arguably the most essential filament of that strand.
“If the government were allowed to retaliate against citizens who exercise their right to exclude government agents from their land, the right itself would be extinguished. In that sense, recognizing a non-retaliation component to the rights guaranteed by the Fifth Amendment is even more crucial than in the more familiar context of First Amendment rights. This Court has implicitly recognized this fact in its extension of the unconstitutional conditions doctrine to rights secured under both the First and Fifth Amendments.
“Finally, Petitioners err when they characterize the Fifth Amendment as merely providing a remedy for governmental intrusions that rise to the equivalence of formal expropriations of property. To the contrary, the Amendment recognizes a substantive right that inheres in the people and predates the Constitution—the right to possess and enjoy the use of one’s private property without unauthorized intrusions and invasions, especially by the government and its agents.”
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Main Story: Robbins case: Right to exclude, extortion at issue
Wilkie v Frank Robbins Case: Wyoming rancher refuses to grant BLM a right-of-way across his private land
December 4, 2006:
From ranch to sacred halls: Budd-Falen to argue in nation’s highest court
January 31, 2007:
Right to exclude argued
February 20, 2007:
Brief for the Respondent - Robbins Legal Response (60 pages, 321K PDF)
February 28, 2007:
Robbins case: Campaign of harassment detailed
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Amici Curiae (Friend of the Court):
Others in support of Frank Robbins’ side of this case
Oregon Cattlemen’s Association and Nevada Grazing Board
The Oregon Cattlemen’s Association represents ranching interests in Oregon. It exists to promote environmentally and socially sound industry practices, improve and strengthen the economics of the industry, and protect industry communities. The Nevada N-6 Grazing Board represents the interests of federal and other public lands ranchers in Nevada. The board advocates on their behalf to ensure that livestock grazing remains a viable use of the federal lands.
Oregon Cattlemen (159K PDF)
BRIEF OF THE OREGON CATTLEMEN’S ASSOCIATION AND NEVADA N-6 GRAZING BOARD AS AMICI CURIAE IN SUPPORT OF RESPONDENT
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New Mexico Cattle Growers Association
New Mexico Cattle Growers Association Legal Brief (32 pages, 168K PDF)
BRIEF OF THE NEW MEXICO CATTLE GROWERS’ ASSOCIATION, NEW MEXICO FEDERAL LANDS COUNCIL, NEW MEXICO WOOL GROWERS, INC., GRANT COUNTY CATTLEGROWER’S ASSOCIATION, COALITION ARIZONA/NEW MEXICO COUNTIES FOR ECONOMIC GROWTH AND WYOMING PUBLIC LANDS COALITION AS AMICI CURIAE SUPPORTING RESPONDENT
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Pacific Legal Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Pacific Legal Foundation, the Washington Farm Bureau and the Wyoming Farm Bureau Federation.
Pacific Legal Foundation (24 pages, 110K PDF)
BRIEF AMICUS CURIAE OF PACIFIC LEGAL FOUNDATION, WASHINGTON FARM BUREAU, AND WYOMING FARM BUREAU FEDERATION IN SUPPORT OF RESPONDENT HARVEY FRANK ROBBINS
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Paragon Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Paragon Foundation, Inc. a New Mexico non-profit organization created to support and advance the fundamental principles set forth in the Declaration of Independence and Constitution of the United States of America. The Paragon Foundation, Inc. advocates for individual freedom, private property rights, and limited government controlled by the consent of people. The Paragon Foundation, Inc. has several thousand current or former members nationwide.
Legal Brief of the Paragon Foundation Inc. (12 pages, 86K PDF)
BRIEF OF THE PARAGON FOUNDATION, INC. AS AMICUS CURIAE SUPPORT OF RESPONDENT
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Public Lands Council
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Public Lands Council, National Cattlemen’s Beef Association, Wyoming Public Lands Coalition, Oregon Cattlemen’s Association and the Nevada Cattlemen’s Association, as representatives of ranchers and cattlemen throughout the United States.
Legal Brief of the Public Lands Council et al (28 pages, 114K PDF)
BRIEF OF THE PUBLIC LANDS COUNCIL, NATIONAL CATTLEMEN’S BEEF ASSOCIATION, WYOMING PUBLIC LANDS COALITION, OREGON CATTLEMEN’S ASSOCIATION, AND NEVADA CATTLEMEN’S ASSOCIATION AS AMICI CURIAE SUPPORTING RESPONDENT
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