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

Ninth Circuit strikes a blow for judicial review of administrative agencies

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and … Continue reading

Extraterritorial state laws are unconstitutional

This morning, a divided panel of the Eighth Circuit held that a Minnesota law regulating greenhouse gas emissions beyond the state’s borders is invalid. This is a welcome result. PLF, joined by NFIB, filed an amicus brief in the case, … Continue reading

FWC amends proposed regulations after PLF files challenge

In August, PLF filed a petition against the Florida Fish and Wildlife Conservation Commission (FWC) on behalf of William Thomas, claiming that the FWC was stepping beyond its statutory authority with its proposal to severely limit boat speeds in two … Continue reading

Emails, tweets, & FAQs ? regulations

Todd Gaziano, Executive Director of PLF’s DC Center, co-authored this blogpost. Last week, Pacific Legal Foundation filed an amicus brief in the Supreme Court of the United States in support of Century Exploration New Orleans LLC (Century) in its dispute with … Continue reading

One Fish, Two Fish, Abuse of Power Fish?
avatar

William Kent Suter, Former Clerk of the Supreme Court of the United States, recently observed that the federal government had “lost four cases dealing with fundamental rights in unanimous decisions[,]” and that “the positions taken by the government suggest[ed] bullying and strong-arm … Continue reading