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How vague statutory language enabled the Biden administration’s CHIPS Act overreach, and what Congress must do next
My latest op-ed in the Washington Reporter uses FOIA docs from the CHIPS Act implementation to demonstrate how ambiguous laws empower unelected bureaucrats and undermine democratic accountability: When Congress rejected sweeping child care subsidies in the Inflation Reduction Act, the Biden administration’s Commerce Secretary Gina Raimondo reportedly told her staff, “if Congress wasn’t going to do what they…
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 MoreSCOTUSblog Term Review on Deference
At SCOTUSblog, Abbe R. Gluck writes about Kennedy v. Braidwood Management, and ” the broader question of how the court will grapple with questions of expertise in the wake of its 2024 decision overruling Chevron v. Natural Resources Defense Council, the key agency-deference case of the modern era.” Finally, for good measure, the opinion concludes with a…
Read MoreBloomberg Law on Appeals Courts and Loper
Bloomberg Law’s Robert Iafolla writes about how “circuit courts have started going in different directions on the level of deference judges should grant agencies.” Federal appeals courts are still figuring out how much weight to give to agencies’ views of their legal authority, a year after the US Supreme Court said judges must interpret relevant…
Read MoreLoper Surfaces in FCC v. Consumers’ Research—A Nondelegation Challenge to the Universal Service Fund
This past Term, the Supreme Court cited Loper Bright in several statutory interpretation decisions, including Seven County Infrastructure Coalition v. Eagle County, Bondi v. VanDerStock, McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., and City and County of San Francisco v. EPA. Loper Bright surfaced again on the last day of the Term in FCC v.…
Read MoreCelebrating the One Year Anniversary of a Landmark Supreme Court Victory
Loper Bright Enterprises v. Raimondo’s Legacy Empowers Courts, Congress to Reclaim Proper Constitutional Roles Washington, DC, June 27, 2025 — Tomorrow marks the first anniversary of the Supreme Court’s landmark ruling in Loper Bright Enterprises v. Raimondo, a transformative decision that ended four decades of Chevron deference. By restoring to courts the duty to interpret…
Read MoreRyan Mulvey on WBNA TV 21 Kentucky’s Voice Discussing the Misuse of Copyright Law to Block Records Requests
AFP Foundation’s Ryan Mulvey appeared on WBNA’s Kentucky’s Voice to discuss AFP Foundation’s coalition brief urging Sixth Circuit to protect public access and rein in abuses of copyright law.
Read MoreAFP Foundation Leads Coalition Brief Urging Sixth Circuit to Protect Public Access and Rein in Abuses of Copyright Law
ARLINGTON, VA – Today, a coalition of organizations led by Americans for Prosperity Foundation (AFP Foundation) filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in Stovall v. Jefferson County Board of Education, a pivotal case concerning government transparency and the misuse of copyright law to block access to public…
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 MoreAFPF Files Regulatory Comment Showcasing Loper Bright’s Role in Endangered Species Act
Americans for Prosperity Foundation filed a comment supporting the Administration’s effort to rescind the regulatory definition of “harm” under the Endangered Species Act and to instead rely on the statutory definition of “take” without the additional interpretive gloss. This rescission is an important example of the types of regulatory definitions that were previously upheld relying…
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