- All Resources
- Amicus Brief Commentary
- Blog
- Civil Liberties newsletter
- Commentary
- Energy
- Featured
- Foreign Policy
- Free Speech
- Health Care
- Immigration
- In the News
- Investigations
- Loper Bright
- Newsroom
- Op-ed
- Podcast
- Press Release
- Success Stories
- Victory
D.C. Circuit Rules “Clawback” Orders Foreclosed by the FOIA
The U.S. Court of Appeals for the District of Columbia Circuit released a noteworthy decision today in Human Rights Defense Center v. U.S. Park Police, a Freedom of Information Act (“FOIA”) case in which the federal government sought a court order requiring the return or destruction of “inadvertently disclosed” records. Such relief is commonly known…
Sen. Grassley Questions OMB Nominee Vought on Loper Bright
During a Senate Budget Committee nomination hearing yesterday, Senator Chuck Grassley (R-Iowa) asked Russell Vought, President Trump’s nominee to be the Director of the Office of Management and Budget, to give his view on the Loper Bright decision: “I’d like your view on… the recent Supreme Court decision overturning the Chevron Doctrine… how that can…
3 Model Policies to Boost State Transparency at the Start of Legislative Sessions
As state legislative sessions kick off across the country, it is an opportune time to prioritize policies that enhance transparency, empower citizens, and foster accountability. The Right on Transparency coalition, of which Americans for Prosperity Foundation is the founding member, has identified key areas where states can lead the way. Three of the coalition’s model…
Analysis of 300 Opinions Citing Loper Bright
Chevron’s Swan Song: Loper Bright and the New Era of Judicial Oversight of Agency ActionsBy Adam, Feldman, Legalytics, Jan. 17. 2025 From 1984 to 2024, judges examining agency interpretations of statutory language followed the following guidelines: “When a challenge to an agency construction of a statutory provision, fairly conceptualized, really centers on the wisdom of…
Kansas Attorney General Rules Commerce Department Violated KORA in Response to 2021 Request from AFP Foundation
Over three years ago, Americans for Prosperity Foundation-Kansas filed a Kansas Open Records Act request with the Department of Commerce seeking records about the Sales Tax and Revenue (“STAR”) Bonds financing program. After failing to receive all the requested documents, we filed a Kansas Open Records Act (KORA) complaint against the Department of Commerce in December 2022. Last…
C. Boyden Gray Center Calls for Papers on “Textualism and Administration After Loper Bright”
In the Yale Journal on Regulation Notice and Comment blog, Adam White calls for papers for presentation in summer 2025 at Antonin Scalia Law School: Judges, lawyers, legislators and academics will grapple with these questions for many years to come—just as they did for decades after Chevron itself. Legal scholarship, at its best, exists to inform and…
Congress Considers Two Bills Regarding Chevron Deference
Senators Rand Paul (R-KY) and Eric Schmitt (R-MO) reintroduced the Separation of Powers Restoration Act (SOPRA). Although the Supreme Court has overturned Chevron deference, SOPRA will codify the principle that courts must decide cases based on their legal merits without giving deference to prior agency decisions or interpretations, ensuring that all forms of deference doctrines…
Americans for Prosperity Foundation-Kentucky Releases Report Exposing the Harmful Impact of Kentucky’s Certificate of Need (CON) Laws
FRANKFORT, KY – Today, Americans for Prosperity Foundation – Kentucky (AFPF-KY) released a comprehensive report detailing the failures of Kentucky’s Certificate of Need (CON) laws, advocating instead for commonsense reforms and solutions to expand healthcare innovation. The report authored by AFP health care policy analyst Sofia Hamilton and AFPF investigative analyst Thomas Kimbrell emphasizes how…
D.C. Circuit Rules “Clawback” Orders Foreclosed by the FOIA
The U.S. Court of Appeals for the District of Columbia Circuit released a noteworthy decision today in Human Rights Defense Center v. U.S. Park Police, a Freedom of Information Act (“FOIA”) case in which the federal government sought a court order requiring the return or destruction of “inadvertently disclosed” records. …