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The Buckeye Institute Comments on Two Big Court Wins

Jul 17, 2020

Columbus, OH – On Friday, the United States Court of Appeals for the District of Columbia Circuit and the Michigan Supreme Court both ruled favorably on cases in which The Buckeye Institute filed amicus briefs.

In Rafaeli, LLC v. Oakland County, the Michigan Supreme Court declared unconstitutional a Michigan law that previously allowed Oakland County, Michigan, to sell Mr. Rafaeli’s property for $25,500 and pocket the profits after he underpaid his property tax bill by $8.41. The Buckeye Institute argued in its brief, and the court agreed, that profits above the cost of the unpaid tax bill and costs associated with the foreclosure must be returned to the property owner, just as required in the private sector when a mortgage company forecloses on a property.

“The Buckeye Institute is pleased that the Ohio State Buckeyes’ longtime ownership of the Big House has not impacted That State Up North’s grasp of property rights, and we applaud the Michigan Supreme Court for agreeing that an unconstitutional law as applied to an $8.41 mistake should not lead to a $25,500 government windfall,” Robert Alt, president and chief executive officer of The Buckeye Institute said. Mr. Rafaeli was represented by the Pacific Legal Foundation.

In Association for Community Health Plans v. the United States Department of Treasury, the United States Court of Appeals for the District of Columbia held that the Trump administration acted within its authority when it reinstated the 12-month rule covering short-term, limited duration insurance plans. This rule is essential to ensuring approximately 700,000 Americans stay covered by short-term health insurance plans, and Buckeye proudly filed in support, joined by Cato Institute and Michael F. Cannon.

“The Buckeye Institute is very pleased with this decision, which ensures the Trump administration’s changes to the wrong-headed Obama-era regulations of short-term limited duration insurance plans will remain in effect,” said Robert Alt, president and chief executive officer of The Buckeye Institute.

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