James Valvo, Author at AFPF

9-0 Supreme Court Again Recognizes Disclosure Harms the Freedom of Association

The U.S. Supreme Court issued a unanimous opinion in First Choice Women’s Resource Centers v. Davenport recognizing the harm to First Choice Women’s Resource Centers and its donors from an investigatory subpoena issued by the New Jersey Attorney General. Ensuring nonprofits are protected against such demands from state AGs was a core part of why…

AFPF Offers to Educate Rep. DeLauro After Loper Mishap

“In light of the shocking news uncovered by EPA Administrator Lee Zeldin that after almost two years some members of Congress, including ranking member of the House Appropriations Committee Rosa DeLauro, still have not heard that the U.S. Supreme Court overturned Chevron deference in Loper Bright and now requires regulatory agencies to adhere to the…

Americans for Prosperity Foundation Files Lawsuit Challenging Delaware’s Unconstitutional Law that Chills Speech and Private Association

Wilmington, DE — April 21, 2026 — Americans for Prosperity Foundation (AFPF), and its sister organization Americans for Prosperity (AFP), the nation’s premier grassroots advocacy organization, today announced they have filed a lawsuit against the State of Delaware challenging the constitutionality of its laws that violate the right of private association. The lawsuit asserts that…

Supreme Court Declines To Address Lurking Loper Bright Question In Urias-Orellana v. Bondi

On Wednesday, the Supreme Court issued a unanimous decision authored by Justice Jackson in Urias-Orellana v. Bondi, a dispute over the standard of review Courts of Appeals should apply to Board of Immigration decisions on whether a set of undisputed facts rises to the level of “persecution” under the Immigration and Nationality Act in the…

Isgur Situates Loper Bright in Roberts Court Broader Project

Advisory Opinions host Sarah Isgur has an essay at The Atlantic where she discusses the Supreme Court’s project “to shrink the presidency back to size and force 535 people to figure out a lasting solution to our problems, one that everyone can live with.” Although the Court’s recent decision striking down President Trump’s IEEPA tariffs…

NCLA’s “Unwritten Law” Podcast Explores Amici Arguments in Relentless

The New Civil Liberties Alliance’s podcast, “Unwritten Law,” has released a new episode that explores the arguments presented in seven amicus briefs recently filed at the First Circuit in Relentless v. Department of Commerce, the companion case to Loper Bright Enterprises v. Raimondo. American for Prosperity Foundation’s brief is one of the seven discussed. From…

Squitieri & Schmidt Discuss Law-Fact Distinction after Loper Bright

Separation of Powers Institute Professor Chad Squitieri hosted Professor Natalie Schmidt for a fascinating discussion about her article on the distinction between law and fact. The podcast covers formalism, functionalism, realism, agencies’ role in factfinding, and why the distinction between law and fact is critical following the Supreme Court’s decision in Loper Bright. Listen to…

After Supreme Court Victory Opens Courthouse Doors, Corner Post Prevails on Remand In Challenge to Fed’s 2011 Debit Fee Regulation

The Supreme Court’s decision in Loper Bright was a landmark victory for the rule of law, due process, and the separation of powers. But it was not the only important administrative law decision in the 2023 Term. Following Loper Bright, Corner Post, Inc. v. Board of Governors of the Federal Reserve System opened up the…

Applying Loper Bright to EEOC “Right to Sue” Notices

In Prichard v. Long Island University, a U.S. District Court for the Eastern District of New York relied on Loper Bright v. Raimondo to invalidate an Equal Employment Opportunity Commission (EEOC) regulation that had allowed the agency to issue “right to sue” notices before 180 days had passed. The decision made clear that EEOC regulations should…

Susan Dudley in Forbes: Congress Must Step Up

Following her appearance at the HSGAC hearing on the future of Loper Bright, former OIRA Administrator Susan Dudley had a series of recommendations for how Congress can reassert itself and fulfill its constitutional role. “First, legislation should recognize that while scientific facts are a necessary element of good policy design, they are almost never sufficient.”…