Loper Bright Leads Argument in Washington D.C. Court of Appeals Case
Yesterday, Loper Bright took center stage in an oral argument before the District of Columbia Court of Appeals: A three-judge panel of Washington, D.C.’s high court at oral arguments Wednesday investigated how the US Supreme Court’s new agency deference standard applies to courts in the district as part of a…
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Loper Bright Leads Argument in Washington D.C. Court of Appeals Case
Yesterday, Loper Bright took center stage in an oral argument before the District of Columbia Court of Appeals: A three-judge panel of Washington, D.C.’s high court at oral arguments Wednesday investigated how the US Supreme Court’s new agency deference standard applies to courts in the district as part of a dispute over a $5.9 million…
Post-Loper Debate on Section 230 and the FCC
Lawrence J. Spiwak, President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, writes on the FedSoc Blog that the “FCC still can’t interpret Section 230:” Which brings me to proponents of the FCC’s power to interpret Section 230. About a month after I wrote my original post, Seth Cooper of the…
Bloomberg Law Podcast Series on Loper Airs Second Episode
Bloomberg Law’s UnCommon Law podcast continues its series on the “story behind the fishing industry’s Chevron doctrine challenge:” This season on UnCommon Law, we’re exploring the limits of agency power. To what extent are federal agencies authorized to create and implement regulations that aren’t explicitly mandated by Congress? And what happens when an agency goes too far?…
ICYMI: AFP Foundation Speaks at SCOTUS Rally During Historic School Choice Case
WASHINGTON, D.C. – In case you missed it, Americans for Prosperity Foundation (AFPF)-Oklahoma State Director John Tidwell advocated for parental rights and school choice at a rally in front of the United States Supreme Court today during oral arguments for St. Isidore of Seville Catholic Virtual School v. Drummond. “Parents are the primary educators of their children,” Tidwell…
VA Omaha Leaders Rig Consult System to Deny Veterans Access to Community Care
The VA’s manipulation of wait-time data isn’t just a scandal—it’s a betrayal of veterans’ right to timely care. A recent investigation by the Department of Veterans Affairs Office of Inspector General (OIG) confirms what veterans, whistleblowers, and Americans for Prosperity Foundation’s previous investigations have been sounding the alarm on for years: VA leaders are deliberately…
New Paper on Restoring Separation of Powers After Loper
Joseph A. D’Angelo from the Florida International University College of Law published “Chevron Solutions: Restoring the Separation of Powers in a Post-Chevron Landscape” in the University of Florida’s Journal of Law and Public Policy: The erosion of congressional authority in the face of expanding executive power, particularly through administrative agencies, is of critical importance. A…
AFPF files amicus brief in support of educational pluralism
On April 30, the Supreme Court will hear two consolidated cases, Oklahoma Statewide Charter School Board, Et Al., v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond, in which the court will address whether the pedagogical choices of a private school operating as a charter school constitute state action and are therefore…
Does Brand X Survive Loper Bright For Express Delegations?
In U.S. v. Bricker, the Sixth Circuit grappled with whether the Sentencing Commission could use a policy statement to expand the scope of the federal compassionate release statute, which authorizes early release for “extraordinary and compelling reasons,” to cover nonretroactive changes in sentencing law, when the en banc Sixth Circuit previously reached the opposite conclusion….
Finn Dobkin explores the implications of changes to CEQ on NEPA rules
Finn Dobkin, a Senior Policy Analyst at the George Washington University Regulatory Studies Center, published a working paper titled “Uncertain Authority,” examining recent legal and institutional changes surrounding the Council on Environmental Quality (CEQ)’s authority to issue binding National Environmental Policy Act (NEPA) rules. In Loper Bright Enterprises v. Raimondo, the Supreme Court ruled that…
