Legislating through friend of the court briefs

As many Pacific Legal Foundation employees have written about before, the power of administrative agencies has increased greatly over the last century. Many Americans are now subject to rules adopted not by elected officials, but by unelected bureaucrats in the “fourth … Continue reading

The time to review and kill hundreds of rules under the CRA has not yet begun

The first part of a recent article in The Hill began like many others, suggesting that the window was “closing for Congress to roll back Obama-era regulations” under the Congressional Review Act (CRA). It focused on the approaching deadline for … Continue reading

Bureaucrats made accountable to elected officials? Eek!

Our Congressional Review Act project (have you seen the latest at RedTapeRollback.com? Why not?) is starting to ruffle the right feathers: progressive media sites and activists have noticed that their pet regulatory excesses, especially underground rules, are very vulnerable to … Continue reading

Francois op ed supporting Gorsuch nomination published in the San Francisco Daily Journal

A few weeks ago, Erwin Chemerinsky, noted constitutional scholar and Dean of Law at UC Irvine, published an op ed in the San Francisco Daily Journal arguing that Senate Democrats should filibuster the nomination of Neil Gorsuch to the Supreme … Continue reading

Bureaucratic overreach and the separation of powers

Can federal agencies make up whatever policies they like unless Congress tells them not to? PLF answered an emphatic “no” in an amicus brief filed today to support a petition to the Supreme Court. In National Restaurant Assocation v. Department … Continue reading

PLF attorney Tony Francois speaks tomorrow at World Ag Expo

I will be speaking tomorrow at 10:45 am Pacific in the Seminar Center at World Ag Expo in Tulare, California. I will be joined by PLF client John Duarte, and we will be providing an overview of Duarte Nursery v. … Continue reading

Supreme Court justices issue call to rein in judicial deference to executive agencies

Yesterday the United States Supreme Court issued its decision in Perez v. Mortgage Bankers Association, which holds that an executive agency is not required to provide public notice or consider comments when it changes a formal interpretation of its own regulations. … Continue reading