Posts by tkimbrell
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…
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 In the EO, Trump directed agencies to review all regulations to identify those that may need to be revised or repealed to comply with the Constitution, existing law, court precedent, and the…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 MoreAmericans for Prosperity Foundation provides statement to House Veteran Affairs Committee on implications of Loper Bright decision
December 18, 2024 | The House Committee on Veterans’ Affairs (HVAC) held a hearing on Wednesday titled “Restoring Congressional Power over VA After Loper Bright Enterprises v. Raimondo.” AFP Foundation sent a statement for the record to the Committee to explain the significance of the Loper Bright decision and show how the Department of Veterans Affairs (VA)…
Read MoreAFP Foundation Responds to Law Profs Advocating for Abusing Emergency Powers
AFP Foundation’s Thomas Kimbrell and Kevin Schmidt write in the Yale Journal on Regulation responding to Berkeley Law Professors Elena Chachko and Katerina Linos’ “Emergency Powers for Good,” published in the William & Mary Law Review. Chachko and Linos argue that in some cases, “invoking emergency powers is the only viable way to break deadlock and enact long…
Read MoreAmericans for Prosperity Foundation Calls for Withdrawal of AI Reporting Requirements in Defense Production Act Rule
Arlington, VA – Today, Americans for Prosperity Foundation (AFP Foundation) submitted a formal comment opposing the Bureau of Industry and Security’s (BIS) proposed rule that abuses Korean-war era Defense Production Act (DPA) authority to establish reporting requirements for the development of advanced artificial intelligence (AI) models and computing clusters. CLICK HERE TO VIEW THE COMMENT.…
Read MoreAFP Foundation Sues Biden Administration for Public Records Relating to Overreaching Energy Permitting Regulations
Arlington, Va. – Americans for Prosperity Foundation today filed a Freedom of Information Act (FOIA) complaint seeking information on the Council of Environmental Quality’s (CEQ) recent overreaching revisions to energy permitting regulations that will cause delays and drive up the costs of badly needed energy projects. Click here to view the complaint. In May, AFP Foundation launched…
Read MoreNetChoice and the “Informational Interest”: Can the Government Ensure You Listen to the Right Message?
The Supreme Court’s decision in NetChoice v. Moody, the much-anticipated challenge to Texas’s regulation of social media companies, was not the barnburner many had anticipated. Instead of deciding the First Amendment question directly, the Court found that neither lower court did the proper facial analysis, meaning they must not only find a First Amendment violation…
Read MoreAmericans for Prosperity Foundation releases summary of engagement for Supreme Court October 2023 term
Arlington, VA – Americans for Prosperity Foundation today released a report of its amicus engagement during the October 2023 Supreme Court term. AFPF Chief Policy Counsel James Valvo said: This term the Supreme Court upheld protections for free expression, ruling the government cannot coerce companies to stop doing business with organizations based on their speech. The…
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