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

Impatience is no excuse to dispense with the Constitution’s checks and balances

Last week, the Supreme Court heard 90 minutes of oral argument from four advocates (two on each side) in United States v. Texas, the case brought by 26 states challenging the legality of the administration’s executive actions regarding about four … 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