Law and Liberty : The legislature can still legislate

April 26, 2022 | By TODD GAZIANO

In the next few months, the Supreme Court will decide West Virginia v. EPA, a case that could be more important for what the justices say about the proper methods of statutory interpretation than whether a particular greenhouse gas regulation survives that evaluation. A New Yorker piece previewing the case earlier this year highlighted the … ...


The Hill : Congressional action shows OSHA vaccine mandate is a bald-faced power grab

January 10, 2022 | By TODD GAZIANO

Presidents of both parties wrongly have expanded the unilateral executive policy playbook, but President Biden and House Speaker Nancy Pelosi (D-Calif.) are still teaching a master class in unaccountable and undemocratic government with respect to the Occupational Safety and Health Administration’s private employer vaccine mandate. While most ...


The Wall Street Journal : Who gets to make the rules? Washington may finally get it right

February 08, 2021 | By TODD GAZIANO

Biden should keep Trump’s last-minute executive order making regulation more accountable. President Biden’s team is understandably skeptical of “midnight” executive actions issued during President Trump’s final weeks, but one order, issued Jan. 18, is as valuable in reinforcing democratic accountability as it is consti ...


The Hill : 1,860 unconstitutional FDA rules

April 29, 2019 | By TODD GAZIANO

This article was originally published by The Hill on April 29, 2019. Will the Food and Drug Administration (FDA) change its rule-making practices when it learns that 98 percent of its regulations since 2001 were unconstitutional? That’s the figure we uncovered in a comprehensive study examining 2,952 Health and Human Services (HHS) regula ...


Investor’s Business Daily : Taming The Regulatory State

August 31, 2018 | By TODD GAZIANO

Originally published by Investor’s Business Daily August 31, 2018. According to one Mercatus Center study, each of us must obey over 1 million regulatory dictates, vastly more than the statutes written by our elected lawmakers in Congress. But the sheer number is not the only, or even the worst, problem. The more troubling issue is the R ...


Two-and-a-half cheers for May’s historic CRA actions

May 29, 2018 | By TODD GAZIANO

Originally published by The Hill May 29, 2018. The Congress and President Trump set two historic precedents last week when they enacted a law overturning the Consumer Financial Protection Bureau’s (CFPB) illegal and misguided “guidance” on auto loans by car dealers. Because Congress used the Congressional Review Act (CRA) to p ...


National Review : Restoring the indispensable protection for liberty

April 12, 2018 | By TODD GAZIANO

Published in National Review April 12, 2018. This week, the Pacific Legal Foundation filed a second wave of lawsuits in our campaign to accelerate the end of the unconstitutional administrative state. PLF’s coordinated litigation campaign challenges violations of regulatory-reform mandates, most notably multiple agency failures to send rules ...


Wall Street Journal : Career civil servants illegitimately rule America

February 28, 2018 | By TODD GAZIANO

Originally published in The Wall Street Journal February 28, 2018. After Kimberly Manor lost her husband to lung cancer, she was inspired to make a dramatic career change. Kimberly now owns and operates Moose Jooce in Lake, Mich., a “vape shop” that sells various electronic nicotine devices. These products use battery-powered coils to v ...


Kill Regulations to Save the Sage Grouse

September 26, 2017 | By TODD GAZIANO

Conventional wisdom holds that state and federal environmental regulation is better than either alone. But even with the best of intentions, federal, one-size-fits-all regulation that interferes with more-effective state and private wildlife conservation efforts can cause real harm. … ...