Constitutional Law & Civil Rights
Tonkon Torp’s attorneys litigate complex issues of constitutional law on behalf of businesses and individuals. Many of our litigators also handle pro bono civil rights and civil liberties litigation as cooperating attorneys for the ACLU Foundation of Oregon, Inc. and the CLiF Project.

Our constitutional law and civil rights work includes:
  • Challenges to state and local regulation under the Commerce Clause of the United States Constitution
  • Challenges to local, state and federal regulations under the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution
  • Claims for compensation under the Takings Clause of the Fifth Amendment and the Oregon Constitution
  • Claims and defenses based on federal preemption of state and local law under the Supremacy Clause of the United States Constitution
  • Employment and contractor claims arising under the Equal Protection Clause of the Fourteenth Amendment, the Oregon Constitution and federal and state civil rights statutes
  • Claims for violations of individuals’ rights under the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution

Tonkon Torp Obtains Oregon Supreme Court Victory for ACLU

Tonkon Torp attorneys Steven Wilker, Sarah Einowski and Gwen Griffith, working on behalf of the ACLU of Oregon, won a large victory in the Oregon Supreme Court that strengthens the public's right to records. Find details and more featured cases here.

Steven Wilker Brings ACLU Case to Oregon Supreme Court

Steven Wilker recently presented arguments to the Oregon Supreme Court on behalf of the ACLU of Oregon. At issue is the ACLU’s request for the release of public records from the City of Eugene relating to an incident in 2008 in which a Eugene police officer twice "tased" protestor Ian Van Ornum while he was prone on the ground at an anti-pesticide rally.

Balancing Free Speech and Presidential Security - Wilker Argues at the U.S. Supreme Court on First Amendment Issue

On March 26, 2014, Tonkon Torp litigator Steven Wilker argued at the U.S. Supreme Court on behalf of the ACLU of Oregon in Wood v. Moss, a political viewpoint discrimination case. Find details and more featured cases here.

ACLU V City of Eugene, et al

Obtained favorable ruling in 2016 from the Oregon Supreme Court that strengthens the public’s right to records. The decision compelled the City of Eugene to turn over records to the ACLU of Oregon that relate to an incident in 2008 in which a Eugene police officer twice "tased" a prone protestor. Tonkon Torp attorneys worked with the ACLU on the case from 2009 to its conclusion, moving the case through the Lane County District Attorney’s office, the Lane County Circuit Court, and the Oregon Court of Appeals before achieving victory at the Oregon Supreme Court.

Latif v Holder

Local counsel for national ACLU case in which multiple plaintiffs challenged the government’s process of adding and retaining people on its "No Fly List." In 2014, the U.S. District Court in Oregon ruled that the government's procedures for people to challenge their inclusion on the list were unconstitutional. The judge ordered the government to provide notice to those plaintiffs who remained on the No Fly List and to create a new process that remedies the procedural deficiencies.  The district court entered judgment for several plaintiffs who were removed from the No Fly List, but subsequently upheld the new procedures as to five remaining plaintiffs. The ACLU has appealed the latter decision and the appeal will be argued at the 9th circuit in Portland as Kariye, et al vs Sessions, et al in October 2018.

Lanier v. City of Woodburn

Obtained judgment against the city of Woodburn for the unconstitutional, suspicionless drug testing of a library job applicant. Prevailed at the U.S. District Court in Oregon and on appeal to the Ninth Circuit Court of Appeals, obtaining money judgment for plaintiff and awards of attorney fees at trial and on appeal.

Haber v. City of Portland

Lead counsel in an ACLU class-action lawsuit filed in the U.S. District Court in Portland against the city of Portland, its mayor, and members of the Portland Police Bureau for the unconstitutional detention of protesters following a June 2017 counterprotest against supporters of President Trump.
 

American Trucking Associations, Inc. v. State of Oregon

Tonkon Torp served as counsel for the AAA of Oregon/Idaho in a case resulting from the American Trucking Associations (ATA) challenging Oregon's heavy truck tax system which taxes trucks based on weight and the number of miles they travel on Oregon roads. The ATA alleged that the tax system violated the Commerce Clause of the U.S. Constitution. Tonkon Torp's attorneys prevailed at trial, showing that the weight-mile tax does pass the four-part test for state taxes on interstate commerce established by the United States Supreme Court.

Although the Oregon Court of Appeals reversed the trial court's conclusions, Tonkon Torp successfully petitioned for review, and the Oregon Supreme Court agreed that Oregon's tax is fairly apportioned and does not discriminate against interstate commerce. The United States Supreme Court subsequently denied the ATA's petition for certiorari.

Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List

Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more…
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Steven Wilker Weighs in on National COVID-19 Vaccination Conversation in Newsweek

Tonkon Torp Partner Steven Wilker was extensively quoted in a recent Newsweek article on the possibility of government-mandated COVID-19 vaccinations.
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Anna Sortun and Ryan Bledsoe Admitted to International Society of Barristers

Tonkon Torp litigation partners Anna Sortun and Ryan Bledsoe have been admitted as Fellows to the International Society of Barristers. The organization is an honor society that maintains a worldwide membership of less than 750 trial lawyers deemed by…
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Robert Koch Appointed to Two OSB Section Executive Committees

Tonkon Torp attorney Robert Koch has been appointed to the Executive Committees of the Oregon State Bar (OSB) Appellate Practice and Constitutional Law Sections. The OSB Appellate Practice Section serves state and federal appellate practitioners in…
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Steven Wilker Discusses Religious Displays on Public Land for Portland Humanists

On January 12, Tonkon Torp partner Steven Wilker led a discussion for the Humanists of Greater Portland about the state of the law regarding religious displays on public lands.
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Tonkon Torp Practice Areas Ranked in 2020 U.S. News "Best Law Firms" Publication

U.S. News – Best Lawyers® has released its 2020 edition of "Best Law Firms." Tonkon Torp is once again ranked among the nation's best for six business law service categories including Land Use & Zoning Law, Securities Regulation, Commercial…
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2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys

Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
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Tonkon Torp Practice Areas Ranked in 2019 U.S. News "Best Law Firms" Publication

U.S. News – Best Lawyers® has released its 2019 edition of "Best Law Firms." Tonkon Torp is once again ranked among the nation's best for six business law service categories including Land Use & Zoning Law, Securities Regulation, Commercial…
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Six Tonkon Torp Attorneys Named Portland Lawyers of the Year

Six attorneys from Tonkon Torp have been named by Best Lawyers in America® 2019 as Portland Lawyer of the Year in their specialties. In each community, only one lawyer per specialty is honored as the Lawyer of the Year by the peer review survey.
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Best Lawyers in America® Names 51 Tonkon Torp Attorneys to 2019 List

Fifty-one Tonkon Torp lawyers representing 41 practice areas have been selected for inclusion in The Best Lawyers in America® 2019. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years
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