Ryan P. Mulvey

Senior Policy Counsel

Ryan P. Mulvey has worked as senior policy counsel and policy counsel at Americans for Prosperity Foundation since December 2019. He previously worked as Counsel as Cause of Action Institute (2013-2019) and continues to volunteer in that position. Ryan’s practice touches on various aspects of government oversight, civic engagement, and administrative and constitutional law. He regularly lectures on government transparency matters and litigates cases under the Freedom of Information Act and Administrative Procedure Act. Ryan has helped to prosecute state public records requests, too, and provided amicus support at various levels of state and federal courts, including the Supreme Court, on various matters.  As a policy expert, he regularly advises congressional staff about FOIA reform and cutting-edge transparency issues.

Of particular note, Ryan served as lead counsel for the Cause of Action Institute team in the landmark case, Loper Bright Enterprises v. Raimondo, in which the Supreme Court overruled the forty-year-old Chevron deference doctrine.

Mulvey was graduated from the University of San Diego (2010) summa cum laude with an honors degree in history and political science. He earned his JD and MA in philosophy from Boston University (2013). While a law student, Ryan completed internships at the Cato Institute’s Center for Constitutional Studies, as well as the Office of the General Counsel of the Roman Catholic Archdiocese of Boston. He served as Executive Editor for Notes and Comments at the Review of Banking & Financial Law and worked as a research assistant for the second revised edition of the Heritage Foundation’s Guide to the Constitution (2014).

Ryan is admitted to the practice of law in New York State, the District of Columbia, the Commonwealth of Virginia, and the State of Maryland.  In addition to his work at AFPF, Ryan is the president of the American Society of Access Professionals and a contributor at FOIA Advisor. In 2024, he was appointed by the Archivist of the United States to sit on the 2024-2026 Term of the National Archives & Records Administration’s Federal Freedom of Information Act Advisory Committee.

Publications:

Opening the State House Doors: Examining Trends in Public Access to Legislative Records,” 1(2) J. Civic Info. 17 (2019)

Featured Publications

Loper Bright Looms Large in EPA’s Exempted Renewable Fuel Reallocation Plan 

D.C. Circuit Splits on Application of Loper Bright to Furnace Regulations

The Tenth Circuit Applies Loper Bright to Decide When a “Child” is a Child 

Fifth Circuit Upholds EPA Disapproval of Texas Ozone Implementation Plan Under Loper Bright 

Third Circuit Upholds PBGC Relief-Fund Asset Regulations Under Loper Bright 

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Ryan Mulvey Discusses Constitution Day and Loper Bright on Wake Up Live with Christopher DeSimone

Restoring the Constitution’s Separation of Powers: Chevron’s Demise and the Promise of Loper Bright 

Second Circuit Upholds FCC Forfeiture After Identifying Delegation of Discretionary Authority as Required Under Loper Bright

New Article on Loper Bright, Interpretive Rules, and Sub-regulatory Guidance 

Judge Gavel

D.C. Circuit Accepts FERC Regulatory Interpretation Previously Upheld under Chevron Step-Two 

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AFP Foundation’s Ryan Mulvey on Montana Talks with Aaron Flint

Seventh Circuit Declines to Apply Loper Bright to Modify Standard of Appellate Review on Fact Issues in FOIA Cases

Projects

Emergency Powers
Reform Project
Gone in an Instant
Closed for Business
Right on Transparency