kschmidt, Author at AFPF

The Tenth Circuit Applies Loper Bright to Decide When a “Child” is a Child

On September 29, 2025, the Tenth Circuit issued its decision in Rangel-Fuentes v. Bondi. The case not only resolves an important question about eligibility for cancellation-of-removal orders under federal immigration law but also provides a roadmap for how courts might approach statutory interpretation—and, specifically, delegations of discretionary agency authority—in the post-Chevron era.

Does Stinson Deference Survive Loper Bright? Cert Petition in Poore v. United States Gives Supreme Court Opportunity to Decide.

On September 18th, the Supreme Court requested that the government file a response to the pending cert petition in Poore v. United States, a case raising an interesting Loper Bright implementation question.

Fifth Circuit Upholds EPA Disapproval of Texas Ozone Implementation Plan Under Loper Bright

Last week, the Fifth Circuit issued a significant decision in Texas v. EPA, denying Texas’s petition for review of the Environmental Protection Agency’s (“EPA”) disapproval of a State Implementation Plan (“SIP”) under the Clean Air Act (“CAA”). The case is notable not only for its implications for interstate air pollution regulation, but also for its…

Third Circuit Upholds PBGC Relief-Fund Asset Regulations Under Loper Bright

Earlier this month, the Third Circuit released its decision in In re Yellow Corp., a case that started as a high-stakes bankruptcy dispute and ended up involving a challenge to the Pension Benefit Guaranty Corporation’s (“PBGC”) regulations imposing “reasonable conditions” on the use of COVID-19 relief funds. The Yellow Corp. decision offers another example of…

AFP Foundation’s Ryan Mulvey on Montana Talks with Aaron Flint

AFP Foundation Senior Policy Counsel Ryan Mulvey joined Montana Talk’s Aaron Flint to discuss Constitution Day and Loper Bright.

Supreme Court Grants Cert in Trump v. Slaughter Teeing Up Whether Humphrey’s Executor Should Be Overruled

On September 22nd, the U.S. Supreme Court granted cert in Trump v. Slaughter, signaling it will address an important question of administrative law going to the heart of our system of separated powers and checks and balances: in essence, does the U.S. Constitution authorize the existence of a headless fourth branch of government comprised of…

AFPF Files Comment Supporting Trump EPA’s Efforts to Repeal the Endangerment Finding and Unleash American Energy Dominance

On September 22nd, Americans for Prosperity Foundation (“AFPF”) filed a comment supporting the Environmental Protection Agency’s (“EPA”) proposal to repeal its 2009 Endangerment Finding—a document that has underpinned a cascade of burdensome and overreaching EPA regulations affecting transportation, energy, manufacturing, and many other sectors of the economy. EPA’s proposal presents an opportunity to restore constitutional…

Ryan Mulvey Discusses Constitution Day and Loper Bright on Wake Up Live with Christopher DeSimone

AFP Foundation’s Ryan Mulvey discusses his Constitution Day essay.

Restoring the Constitution’s Separation of Powers: Chevron’s Demise and the Promise of Loper Bright

On September 17, 1787—today, 238 years ago—a momentous event took place in Philadelphia, Pennsylvania. Delegates from the thirteen States, who were assembled in convention, signed our United States Constitution. Although the Constitution was not ratified until the next year, its completion and presentation to the States for adoption marked the beginning of a radical restructuring…

Second Circuit Upholds FCC Forfeiture After Identifying Delegation of Discretionary Authority as Required Under Loper Bright

Last week, in Verizon Communications Inc. v. Federal Communications Commission, the Second Circuit rejected a petition for review of a forfeiture order imposing nearly $47 million in penalties for violation of the confidentiality provisions of the federal Communications Act. In doing so, the Circuit offered an important example of how courts will apply the de…