tkimbrell, Author at AFPF

Americans For Prosperity Foundation Files Comment on The Administration’s Efforts to Update WOTUS Definition

Today, Americans for Prosperity Foundation filed a comment on the EPA’s and Army Corps of Engineers’ proposal to update regulations defining “waters of the United States”—which set forth the agencies’ understanding of their jurisdiction under the Clean Water Act (CWA). The rule attempts to better respect constitutional and statutory limits on federal power and protect…

Americans for Prosperity Foundation Urges Supreme Court to Overrule Humphrey’s Executor and Restore Constitutional Accountability

Today, the U.S. Supreme Court heard oral arguments in Trump v. Slaughter, an important separation-of-powers case about democratic accountability, individual liberty, and representative self-government. In October, Americans for Prosperity Foundation (AFPF) filed an amicus brief urging the Court to overturn Humphrey’s Executor v. United States, a New Deal-era decision that helped create the Administrative State…

AFP Foundation and AFP-Michigan Urge MDHHS to Eliminate Barriers to Health Care Access in Certificate of Need Review

LANSING, MI – On Friday, Americans for Prosperity Foundation (AFP Foundation) and Americans for Prosperity–Michigan (AFP-MI) submitted joint comments to the Michigan Department of Health and Human Services (MDHHS) calling for the state to substantially deregulate its Certificate of Need (CON) Review Standards. The organizations argue that Michigan’s current CON regime limits access to care, stifles innovation, and…

Judge Bumatay’s Powerful Warning in Lopez v. Bondi on Loper Bright Implementation, Skidmore Deference, and Stare Decisis

This week, in Lopez v. Bondi, the Ninth Circuit denied a petition for rehearing of a panel decision upholding the Board of Immigration Appeals’ (“BIA”) conclusion that petty larceny convictions are “crimes of moral turpitude.” Judge Bumatay authored a dissent. While Lopez is ostensibly an immigration dispute, it may have much broader administrative law implications…

AFPF Files Amicus Brief to Support Vigorous Application of AFPF v. Bonta

AFPF filed an amicus brief in the U.S. Supreme Court in support of petitioner, First Choice Women’s Resource Centers, which is seeking to protect its donors’ privacy of against an investigatory subpoena issued by the New Jersey Attorney General. This case should be controlled by AFPF v. Bonta, in which Americans for Prosperity Foundation protected…

Seventh Circuit Declines to Apply Loper Bright to Modify Standard of Appellate Review on Fact Issues in FOIA Cases

The Seventh Circuit has rejected an argument that Loper Bright impacts its standard of appellate review under the Freedom of Information Act (“FOIA”). In Brodsky v. FBI—a case involving a confidential informant’s access to records about himself—the Seventh Circuit affirmed the lower court’s ruling that the FBI properly withheld material under Exemptions 3, 6, and…

Americans for Prosperity Foundation releases summary of Supreme Court engagement for October 2024 term

Arlington, VA – Americans for Prosperity Foundation today released a report of its amicus engagement during the October 2024 Supreme Court term. AFP Foundation Chief Policy Counsel James Valvo said: “AFPF remains committed to providing the Supreme Court with the best legal arguments to defend liberty and ensure the proper textual interpretation of the Constitution and other laws. We…

AFPF Provides Input on CON Laws to DOJ Anticompetitive Regulations Task Force

Arlington, VA | Today, Americans for Prosperity Foundation (AFP Foundation) filed a public comment on how certificate-of-need (CON) laws harm patients and stifle innovation in the health care industry. AFP Foundation submitted the comment to the Department of Justice Antitrust Division’s newly launched Anticompetitive Regulations Task Force (Task Force). The Task Force was formed pursuant…

Finn Dobkin explores the implications of changes to CEQ on NEPA rules

Finn Dobkin, a Senior Policy Analyst at the George Washington University Regulatory Studies Center, published a working paper titled “Uncertain Authority,” examining recent legal and institutional changes surrounding the Council on Environmental Quality (CEQ)’s authority to issue binding National Environmental Policy Act (NEPA) rules. In Loper Bright Enterprises v. Raimondo, the Supreme Court ruled that…

New study shows North Carolina’s CON law blocked $3 billion in health care investment in 3 years

A new analysis by Americans for Prosperity Foundation (AFP Foundation) shows North Carolina’s certificate-of-need (CON) program denied $2.8 billion in proposed health care investment since January 2022. The CON law requires health care providers to obtain approval from the Department of Health and Human Services before acquiring, replacing, or adding facilities, services, or equipment. AFP…