Americans For Prosperity Foundation Files Comment in Support of X Corp.’s Petition to End Administrative Overreach and Protect Free Speech
On June 29th, Americans for Prosperity Foundation filed a comment in support of X Corp.’s Petition to end or modify a 20-year Federal Trade Commission administrative monitoring order the company (then Twitter) entered into in 2022 shortly before a change in ownership. AFPF believes that protection of the freedoms of…
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Americans For Prosperity Foundation Files Comment in Support of X Corp.’s Petition to End Administrative Overreach and Protect Free Speech
On June 29th, Americans for Prosperity Foundation filed a comment in support of X Corp.’s Petition to end or modify a 20-year Federal Trade Commission administrative monitoring order the company (then Twitter) entered into in 2022 shortly before a change in ownership. AFPF believes that protection of the freedoms of expression and association, guaranteed by…
Ryan Mulvey on Loper’s Impact on Rulemaking
AFP Foundation’s Ryan Mulvey in RealClearPolicy on how “Loper Bright has proven more immediately transformative for the executive branch — and it may still force Congress to confront responsibilities it has long avoided”: In practice, agencies are increasingly approaching rulemaking with an eye toward whether their interpretations can survive independent judicial review as the best reading…
John Chisholm Recounts Loper Bright After Two Years
Santa Fe Institute and Foundation for Economic Education trustee John Chisholm in the Wall Street Journal revisiting Justice Kagan’s worry that ending Chevron deference would “cause a massive shock to the legal system.” What about Justice Kagan’s warning? Two years on, no “massive shock” has materialized. Agencies still prevail in most challenges. Empirical studies put…
A Healthy Constitutional Squabble
Law & Liberty published an essay by AFPF’s James Valvo & Ryan Mulvey on how a recent dustup over the constitutionality of the Presidential Records Act provides an opportunity to strengthen antifragile government. The essay opens: The Presidential Records Act (PRA) has lately been a source of controversy. The Department of Justice’s Office of Legal…
Walter Olson on Why The Freedom to Give Helps Protect Everyone’s Liberty
Writing on the Cato Institute’s At Liberty blog, Olson summarizes a recent panel discussion: Joining us were two major figures in contemporary American philanthropy: Lawson Bader, president and CEO at DonorsTrust, which helps right-of-center benefactors create donor-advised funds (DAFs), and John Palfrey, president of the John D. and Catherine T. MacArthur Foundation, known for supporting…
EPA Administrator Zeldin Discusses Governing by Loper Bright’s “Single Best Reading”
In a recent Politico interview, when asked about a “fundamental shift” in the focus of the Environmental Protection Agency under his tenure, Administrator Lee Zeldin highlighted how the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo is paramount to his decision-making.
SCOTUS’s GVR in American Gas: Fact-Bound Deference After Loper Bright
Earlier this week, the Supreme Court granted the petition for writ of certiorari in American Gas Association v. Department of Energy, vacated the D.C. Circuit’s judgment below, and remanded for reconsideration “in light of the position asserted by the Solicitor General” in the government’s response brief. This move revives the fight over the validity of the Department of Energy’s (“DOE”) efficiency standards for residential furnaces and commercial water heaters. More importantly, the GVR puts front and center on remand a question that courts are already grappling…
C. Boyden Grey Center Podcast on Judging After Loper Bright
In this final panel from the Gray Center’s October conference, moderator Aaron Nielsen (UT Austin) speaks with Judge Naomi Rao (D.C. Circuit) and Judge Steven Menashi (Second Circuit) about their role as judges after Loper Bright ended Chevron deference.
Loper Bright Surfaces in the Supreme Court’s Opinion in Rutherford v. United States
Last week, in Rutherford v. United States, the Court held 6-3 that certain nonretroactive changes to federal mandatory minimum sentences effectuated by the First Step Act (FSA) do not qualify as an “extraordinary and compelling reason” that can justify a reduced sentence under the “compassionate release” exception to the general rule against district courts modifying…
