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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…
Read MoreSecond 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…
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 MoreHow 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.
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