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Sixth Circuit Decision Notes Growing Consensus Loper Bright Applies To NLRB
Loper Bright overruled the Chevron doctrine and held that the APA requires courts to independently interpret statutes without deferring to federal agencies’ views on what the law is. In its wake, questions have arisen as to whether and how Loper Bright applies to the National Labor Relations Board’s interpretations of the National Labor Relations Act,…
Read MoreICYMI: AFP Foundation Partners with Salem Media for “Faith and Liberty Summit 2025”
Little Rock, AR – On Saturday, Americans for Prosperity Foundation–Arkansas (AFPF-AR) partnered with Salem Media to present the Faith and Liberty Summit 2025, a gathering that brought together policy leaders, faith-based advocates, and representatives from conservative organizations to advance the principles of faith, liberty, limited government, and individual rights. As part of the program, AFPF-AR helped…
Read MoreD.C. Circuit Splits on Application of Loper Bright to Furnace Regulations
Earlier this week, the D.C. Circuit issued a major decision in American Gas Ass’n v. Department of Energy, upholding energy efficiency standards for residential gas furnaces and commercial water heaters. Although the case is obviously significant for the energy sector, it is equally noteworthy for its engagement with Loper Bright Enterprises v. Raimondo, the Supreme…
Read MoreOIRA Urges Agencies to Invoke APA Good-Cause Exception for Unlawful Rules After Loper Bright
On October 21, the White House Office of Information and Regulatory Affairs issued a memorandum seeking to streamline the review of deregulatory actions. The memo builds on Executive Orders 14129 and 14219, which direct agencies to repeal ten existing regulations for each new one and to ensure that existing regulations are squarely authorized by statute. …
Read MoreLiberty University School of Law Hosts Loper Symposium
On Friday, the Liberty University School of Law’s Supreme Courtroom was packed with students and community guests for the “Liberty Law Review’s” symposium, Loper Bright: A New Era of Administrative Law, which focused on the landmark 2024 Supreme Court case Loper Bright v. Raimondo. The Hon. Jennifer Walker Elrod, chief judge of the 5th U.S. Circuit…
Read MoreAFP 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…
Read MoreAmericans for Prosperity Foundation Files Amicus Brief Urging the Supreme Court to End Fourth Branch of Government
Today, Americans for Prosperity Foundation filed a friend-of-the-court brief in the U.S. Supreme Court in Trump et al. v. Slaughter et al. urging the Court to squarely overrule Humphrey’s Executor—a 1935 Supreme Court decision that led to the rise of so-called “independent agencies” that exercise executive power without being any accountable to any elected official. As…
Read MoreSenator Schmitt Leads Notice & Comment Symposium on Congress After Loper Bright
The Yale Notice & Comment blog is hosting a symposium on the U.S. Senate’s Post-Chevron Working Group Report. Senator Eric Schmitt, the driving force behind the working group, has the lead essay in the symposium summarizing the initiative and its importance.
Read MoreThe 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.
Read MoreDoes 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.
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