Posts by kschmidt
D.C. Circuit Rules “Clawback” Orders Foreclosed by the FOIA
The U.S. Court of Appeals for the District of Columbia Circuit released a noteworthy decision today in Human Rights Defense Center v. U.S. Park Police, a Freedom of Information Act (“FOIA”) case in which the federal government sought a court order requiring the return or destruction of “inadvertently disclosed” records. Such relief is commonly known…
Read MoreSen. Grassley Questions OMB Nominee Vought on Loper Bright
During a Senate Budget Committee nomination hearing yesterday, Senator Chuck Grassley (R-Iowa) asked Russell Vought, President Trump’s nominee to be the Director of the Office of Management and Budget, to give his view on the Loper Bright decision: “I’d like your view on… the recent Supreme Court decision overturning the Chevron Doctrine… how that can…
Read More3 Model Policies to Boost State Transparency at the Start of Legislative Sessions
As state legislative sessions kick off across the country, it is an opportune time to prioritize policies that enhance transparency, empower citizens, and foster accountability. The Right on Transparency coalition, of which Americans for Prosperity Foundation is the founding member, has identified key areas where states can lead the way. Three of the coalition’s model…
Read MoreAnalysis of 300 Opinions Citing Loper Bright
Chevron’s Swan Song: Loper Bright and the New Era of Judicial Oversight of Agency ActionsBy Adam, Feldman, Legalytics, Jan. 17. 2025 From 1984 to 2024, judges examining agency interpretations of statutory language followed the following guidelines: “When a challenge to an agency construction of a statutory provision, fairly conceptualized, really centers on the wisdom of…
Read MoreKansas Attorney General Rules Commerce Department Violated KORA in Response to 2021 Request from AFP Foundation
Over three years ago, Americans for Prosperity Foundation-Kansas filed a Kansas Open Records Act request with the Department of Commerce seeking records about the Sales Tax and Revenue (“STAR”) Bonds financing program. After failing to receive all the requested documents, we filed a Kansas Open Records Act (KORA) complaint against the Department of Commerce in December 2022. Last…
Read MoreC. Boyden Gray Center Calls for Papers on “Textualism and Administration After Loper Bright”
In the Yale Journal on Regulation Notice and Comment blog, Adam White calls for papers for presentation in summer 2025 at Antonin Scalia Law School: Judges, lawyers, legislators and academics will grapple with these questions for many years to come—just as they did for decades after Chevron itself. Legal scholarship, at its best, exists to inform and…
Read MoreCongress Considers Two Bills Regarding Chevron Deference
Senators Rand Paul (R-KY) and Eric Schmitt (R-MO) reintroduced the Separation of Powers Restoration Act (SOPRA). Although the Supreme Court has overturned Chevron deference, SOPRA will codify the principle that courts must decide cases based on their legal merits without giving deference to prior agency decisions or interpretations, ensuring that all forms of deference doctrines…
Read MoreFederalist Society Panel Explores Loper Bright Impact
6th Circuit Rejects FCC Net Neutrality Rules
The U.S. Court of Appeals for the Sixth Circuit invalidated the Federal Communications Commission’s (FCC) 2024 net neutrality regulations, which had reclassified broadband internet as a Title II telecommunications service to enforce rules preventing internet service providers (ISPs) from blocking or throttling content. The court determined that the FCC lacked the statutory authority to impose…
Read MoreBy Embracing a Methodical Process, DOGE Can Master the Right Way to Rein in Government Overreach
ARLINGTON, VA— James Valvo, Chief Policy Counsel of Americans for Prosperity Foundation, discussed in Real Clear Policy how two recent Supreme Court decisions have opened doors to limiting government overreach and could inform Elon Musk and Vivek Ramaswamy in their efforts to overhaul inefficiencies through the Department of Government Efficiency (DOGE).
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