William H. Mellor, 1950-2024

He built the Institute for Justice, which defends against government abuses

WSJ editorial. 

"Many young lawyers hope for careers in which they can use the law to promote justice and change lives, but few succeed. One who did was William “Chip” Mellor, who died Friday at 73 years old.

Mellor co-founded and for many years was president of the Institute for Justice, whose causes have often been taken up in these columns. IJ’s mission is to help Americans whose rights are being violated by government. This is the opposite of most public-interest legal shops whose goal is to expand government power over individuals and business.

IJ has been a champion for men and women who lack the resources or political connections to fight unjust or bullying bureaucracies. In the 1990s the Institute took up the cause of natural hair braiding salons serving immigrant communities struggling under state licensing regimes. IJ argued that costly licensing requirements violated small business owners’ right to earn a living. Today 34 states have removed licensing for hair braiding.

Mellor and IJ also represented Hector Ricketts, who drove jitney vans to provide low-cost commuting in New York. When the City Council blocked van licenses to protect public transportation unions, Mr. Ricketts sued with IJ’s support. A state trial court ended the City Council’s veto over van licenses.

IJ has fought abuses of civil forfeiture, which is when government seizes property from people who aren’t charged with a crime; and eminent domain, when the government seizes property without fair compensation. The Institute lost 5-4 on eminent domain at the Supreme Court in Kelo v. New London. But the public backlash from that case has led 47 states to strengthen laws against using eminent domain for private gain.

The firm has brought or intervened in 30 lawsuits to give parents more educational options. Its 2002 Supreme Court victory in Zelman v. Simmons-Harris confirmed that school choice programs that include religious options are constitutional, and the group’s work has helped make possible programs that have awarded more than 4.8 million scholarships.

IJ has won 10 Supreme Court cases, including both it brought in the 2023 term, DeVillier v. Texas on the Fifth Amendment’s takings clause and Gonzalez v. Trevino on the First Amendment protection against government punishment for unpopular speech.

IJ began in 1991 as a start-up with a few colleagues. It now has 66 lawyers and a budget of $47 million. As long as there are marauding governments, IJ will be needed, and the firm has doubled its active docket in the past five years. As a force multiplier for social justice, few nonprofits can match IJ’s results."