Posts by kschmidt
AFP Foundation Files Amicus Brief in U.S. Supreme Court Case Supporting Donor Privacy
CONTACT: AFP Media, media@afphq.org Washington, DC — Americans for Prosperity Foundation (AFPF) has filed an amicus brief with the U.S. Supreme Court, as they consider the issue of donor privacy in today’s oral argument, First Choice Women’s Resource Centers v. Platkin, a case challenging a New Jersey Attorney General subpoena that seeks to force a nonprofit pregnancy center to reveal…
Read MoreThe Stare Decisis Effects of Loper Bright 1
Jace Lington and Bennett Nuss discuss the implications of the Loper Bright decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of the Loper Bright decision on prior cases decided under the Chevron framework. They discuss the open legal questions that remain after the end of Chevron, the role of Congress in shaping administrative law, and the future of…
Read MoreAFP Foundation Urges Supreme Court to Pare Back Qualified Immunity in First Amendment Cases
AFP Foundation filed an amicus brief in the U.S. Supreme Court in support of petitioner, NRA, which is seeking review of the application of qualified immunity to block recovery in its case alleging First Amendment infringement in NRA v. Vullo. If that name sounds familiar, it should. NRA v. Vullo was before the Supreme Court…
Read MoreAmericans for Prosperity Foundation Urges Supreme Court to Enforce Constitutional Limits on Federal Power to Regulate Local Conduct
Today, Americans for Prosperity Foundation filed an amicus brief in the U.S. Supreme Court in Canna Provisions Inc. et al. v. Bondi—an important constitutional challenge to Congress’s authority to regulate and criminalize purely local conduct that under our system of federalism is supposed to be handled at the state and local levels—urging the Court to address the important…
Read MoreFedSoc Webinar: Responses to the Administrative State in the States
The Federalist Society is hosting a Webinar on Monday, November 17th at 12:00 PM ET. Details and registration information below:
Read MoreSixth Circuit Decision Notes Growing Consensus Loper Bright Applies To NLRB
Loper Bright overruled the Chevron doctrine and held that the APA requires courts to independently interpret statutes without deferring to federal agencies’ views on what the law is. In its wake, questions have arisen as to whether and how Loper Bright applies to the National Labor Relations Board’s interpretations of the National Labor Relations Act,…
Read MoreD.C. Circuit Splits on Application of Loper Bright to Furnace Regulations
Earlier this week, the D.C. Circuit issued a major decision in American Gas Ass’n v. Department of Energy, upholding energy efficiency standards for residential gas furnaces and commercial water heaters. Although the case is obviously significant for the energy sector, it is equally noteworthy for its engagement with Loper Bright Enterprises v. Raimondo, the Supreme…
Read MoreCatholic University Event on Major Questions After Loper
The Major Questions Doctrine After “Loper Bright” Wednesday, November 12, 202512:00 p.m. – 1:00 p.m. Project on Constitutional Originalism and the Catholic Intellectual Tradition: In recent years, the major questions doctrine has been thought of as an exception to Chevron deference. In Loper Bright Enterprises v. Raimondo, the Supreme Court ruled that Chevron deference violated the…
Read MoreEleventh Circuit Immigration Decision Joins Debate Over Stare Decisis After Loper Bright
On October 30th, in Bastias v. U.S. Attorney General, the Eleventh Circuit issued an opinion highlighting a growing debate in the lower courts after Loper Bright on how broadly statutory stare decisis shields Chevron-era precedent upholding agency actions. Loper Bright overruled the Chevron doctrine, holding that the APA requires courts to independently interpret statutes, which…
Read MoreOIRA Urges Agencies to Invoke APA Good-Cause Exception for Unlawful Rules After Loper Bright
On October 21, the White House Office of Information and Regulatory Affairs issued a memorandum seeking to streamline the review of deregulatory actions. The memo builds on Executive Orders 14129 and 14219, which direct agencies to repeal ten existing regulations for each new one and to ensure that existing regulations are squarely authorized by statute. …
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