Forthcoming ACUS Paper Explores Whether Agency Experts Are “Unbothered” By Loper Bright
In a recent post for the Yale Journal on Regulation’s “Notice & Comment” blog, law professor Daniel Deacon has previewed a draft report prepared for the Administrative Conference of the United States entitled “Drafting Regulatory Preambles.” Described as an exploration of “best practices for drafting regulatory preambles in light of…
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Forthcoming ACUS Paper Explores Whether Agency Experts Are “Unbothered” By Loper Bright
In a recent post for the Yale Journal on Regulation’s “Notice & Comment” blog, law professor Daniel Deacon has previewed a draft report prepared for the Administrative Conference of the United States entitled “Drafting Regulatory Preambles.” Described as an exploration of “best practices for drafting regulatory preambles in light of recent developments in judicial review…
How Three New Jersey Fishermen Took on the Administrative State and Won
Americans for Prosperity (“AFP”) has published an article by AFP Foundation Senior Policy Counsel Ryan Mulvey that re-tells the story of Loper Bright with a focus on the plaintiff-fishermen, who stood up to what they took to be an egregious instance of government overreach. The article is part of AFP’s “One Small Step” series, which…
Loper Bright Added to Federal Government’s “Constitution Annotated”
Updates to the federal government’s official guide to interpretations of the Constitution—maintained by the Librarian of Congress and popularly known as “Constitution Annotated”—were published earlier this week to reflect the impact of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on the proper understanding of the Vesting Clause in Article I. The changes…
Supreme Court Declines To Address Lurking Loper Bright Question In Urias-Orellana v. Bondi
On Wednesday, the Supreme Court issued a unanimous decision authored by Justice Jackson in Urias-Orellana v. Bondi, a dispute over the standard of review Courts of Appeals should apply to Board of Immigration decisions on whether a set of undisputed facts rises to the level of “persecution” under the Immigration and Nationality Act in the…
Fifth Circuit Cites Loper Bright to Strike Down FCC Telemarketing Regulation
The U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court decision striking down a Federal Communications Commission (“FCC”) regulation that interpreted the phrase “prior express consent” in the Telephone Consumer Protection Act (“TCPA”) to mean “written” consent, at least when it comes to so-called “telemarketing” calls. That decision, in a case…
Isgur Situates Loper Bright in Roberts Court Broader Project
Advisory Opinions host Sarah Isgur has an essay at The Atlantic where she discusses the Supreme Court’s project “to shrink the presidency back to size and force 535 people to figure out a lasting solution to our problems, one that everyone can live with.” Although the Court’s recent decision striking down President Trump’s IEEPA tariffs…
Americans for Prosperity Foundation Applauds Trump EPA’s Decision to Repeal Endangerment Finding and Restore Democratic Accountability
Americans for Prosperity Foundation applauds the Trump EPA’s decision to repeal the agency’s 2009 Endangerment Finding—a document the agency has used as a springboard to claim sweeping power under the Clean Air Act to unilaterally set national transportation and energy policy by administrative edict without Congress’s permission. The Endangerment Finding has underpinned a host of…
NCLA’s “Unwritten Law” Podcast Explores Amici Arguments in Relentless
The New Civil Liberties Alliance’s podcast, “Unwritten Law,” has released a new episode that explores the arguments presented in seven amicus briefs recently filed at the First Circuit in Relentless v. Department of Commerce, the companion case to Loper Bright Enterprises v. Raimondo. American for Prosperity Foundation’s brief is one of the seven discussed. From…
Georgia Supreme Court Rules Constitutional Challenge To Direct-Sales Ban May Proceed
Americans for Prosperity Foundation celebrates a Georgia Supreme Court ruling in Lucid Group USA, Inc. v. State of Georgia allowing electric vehicle (EV) manufacturer Lucid’s lawsuit challenging Georgia’s direct-sales ban to continue as a win for economic liberty. As AFPF argued in an amicus brief in support of Lucid, “[a] willing buyer of a lawful…