Posts by kschmidt
AFPF Files Amicus Brief Applauding President Trump’s Effort to Spur The End of The De Facto Fourth Branch of Government
The separation of powers is badly distorted. Today, there are many administrative bodies within the Executive Branch that Congress has tried to shield from presidential control, and in doing so, set up a veritable Fourth Branch of government. President Trump recently has taken several actions to assert his proper control over these extraconstitutional administrative bodies. …
Read MoreSCOTUS relies on Loper Bright to uphold ATF Rule Interpreting the Gun Control Act to Reach Kits in Bondi v. Vanderstock
The Gun Control Act of 1968 (GCA) defines “firearm” to include “(A) any weapon . . . which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; [and] (B) the frame or receiver of any such weapon.” 18 U. S. C. §921(a)(3). Those engaged…
Read MoreWaste Watch: Five Alarming Examples of Government Waste You Paid For
Taxpayers deserve a government that works for them — one that’s transparent, accountable, and fiscally responsible. Unfortunately, recent watchdog reports and findings from the Department of Government Efficiency (DOGE) highlight how federal agencies routinely fail to meet those standards. Over the past two months alone, audits and investigations published by Inspectors General have uncovered wasteful…
Read MoreRyan Mulvey Discusses Administrative State Reform on the American Potential Podcast
Ryan Mulvey, Policy Counsel for Americans for Prosperity Foundation, joins American Potential host David From to discuss efforts to rein in the administrative state and ensure that federal agencies stay within their constitutional limits.
Read MoreCourt of Federal Claims Applies Loper Bright in Contractor Eligibility Case Reviewed Under the APA
Loper Bright has reached the Court of Federal Claims for review of bid protests under the Administrative Procedures Act (APA). QED GROUP LLC v. USA, No. 1:2024cv01961 – Document 47 (Fed. Cl. 2025) In a dispute over whether a prospective bidder for a broad pre-approved vendor list could be excluded because it was subject to…
Read MoreBipartisan Policy Center Event on “Legislating After Loper”
The event will discuss how the Loper and other court decisions “pose challenges for Congress in how it legislates and directs regulatory agencies. They also underscore existing concerns over congressional capacity, internal processes, and the legislative branch’s ability to tackle complex policy challenges. Last year, BPC established the Working Group on Congress, Courts, and Administrative Law to…
Read MoreAFP Foundation-Kansas Finally Receives Long-Awaited KORA Documents on STAR Bonds
After more than three years, Americans for Prosperity Foundation-Kansas has finally received the last batch of documents from our Kansas Open Records Act (KORA) request filed in November 2021 regarding the Kansas Department of Commerce’s administration of the STAR Bonds program. This long-overdue release follows an investigation by the Kansas Office of Attorney General, which…
Read MoreLoper Bright and Stare Decisis in the Ninth Circuit: Murillo-Chavez v. Bondi
When the Supreme Court overruled Chevron last year in Loper Bright Enterprises v. Raimondo, Chief Justice John Roberts seemed at pains to limit the impact of upending the Chevron methodology to future cases. He explained that Loper Bright “do[es] not call into question prior cases that relied on the Chevron framework. The holdings of those…
Read MoreEighth Circuit Applies Loper Bright in Biden Student Loan Case
As we’ve discussed, Loper Bright has been changing the legal landscape as courts revisit and revise or uphold standards of review. Recently, the Eighth Circuit reviewed “the authority of the President and Secretary of Education, under existing law, to forgive hundreds of millions of dollars of loans made to borrowers to finance the cost of…
Read MoreThe Biden VA’s “Independent” Echo Chamber on Community Care
The Department of Veterans Affairs (VA) Executive Roundtable, or Red Team report on the supposed “Urgent Need to Address Community Care Spending,” sold itself as an independent and authoritative report, but instead it was a conduit for the VA and the Biden Administration to publish its own views through third parties, wasting taxpayer dollars and government time…
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