AFPF Files Comment Supporting Trump EPA’s Efforts to Repeal the Endangerment Finding and Unleash American Energy Dominance 

On September 22nd, Americans for Prosperity Foundation (“AFPF”) filed a comment supporting the Environmental Protection Agency’s (“EPA”) proposal to repeal its 2009 Endangerment Finding—a document that has underpinned a cascade of burdensome and overreaching EPA regulations affecting transportation, energy, manufacturing, and many other sectors of the economy. EPA’s proposal presents an opportunity to restore constitutional…

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Restoring the Constitution’s Separation of Powers: Chevron’s Demise and the Promise of Loper Bright 

On September 17, 1787—today, 238 years ago—a momentous event took place in Philadelphia, Pennsylvania. Delegates from the thirteen States, who were assembled in convention, signed our United States Constitution. Although the Constitution was not ratified until the next year, its completion and presentation to the States for adoption marked the beginning of a radical restructuring…

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Second Circuit Upholds FCC Forfeiture After Identifying Delegation of Discretionary Authority as Required Under Loper Bright

Last week, in Verizon Communications Inc. v. Federal Communications Commission, the Second Circuit rejected a petition for review of a forfeiture order imposing nearly $47 million in penalties for violation of the confidentiality provisions of the federal Communications Act.  In doing so, the Circuit offered an important example of how courts will apply the de…

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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…

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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…

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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…

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SCOTUSblog 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…

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