Posts by tkimbrell
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…
Read MoreAFPF 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…
Read MoreSeventh 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…
Read MoreAmericans 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…
Read MoreAFPF 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…
Read MoreFinn 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…
Read MoreNew 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…
Read MoreTrump’s Executive Order Marks a Key Step Toward Reining in the Defense Production Act
By Kevin Schmidt and Thomas Kimbrell President Trump’s recent Executive Order rescinding the Biden Administration’s abuse of the Defense Production Act (DPA) is a welcome course correction—and a crucial reminder of why the DPA itself is in desperate need of reform. For too long, presidents of both parties have stretched the DPA far beyond its…
Read MoreTrump Administration Begins Deregulatory Review with EO on Lawful Governance
On February 19, President Trump issued an executive order titled Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative. In the EO, Trump directed agencies to review all regulations to identify those that may need to be revised or repealed to comply with the Constitution, existing law, court precedent, and the…
Read MoreICYMI: Right on Transparency Coalition Calls for States to Publish Federal Guidance
This week, the Right on Transparency Coalition called on states to publish regulatory guidance they receive from the federal government that impacts their state. Federal agencies frequently issue guidance documents that interpret and clarify statutes and regulations, as well as set official agency policy on important matters. Though guidance documents are ostensibly not legally binding on regulated…
Read More