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Author: Thomas Berry

July 17, 2019

PLF Senate testimony: Congress must rein in unconstitutional bureaucratic rulemaking

Today, the Senate Subcommittee on Federal Spending Oversight & Emergency Management held a hearing on PLF’s recent report showing how a majority of rules made by the Department of Health and Human Services are unconstitutional. One of the report authors, PLF Attorney Thomas Berry, testified during the hearing about the serious need to bri ...

July 01, 2019

The Hill: Virginia’s happy end to unlawful happy hour restrictions

Think of a few of the most memorable restaurant marketing promotions of recent history: the Five Dollar Footlong, the Dollar Menu, the 4 for $4 Meal. What do they have in common? Besides being short and catchy, each slogan lets customers know the price they can expect to pay. For that reason, these ads immediately ...

June 25, 2019

DailyJournal: Supreme Court’s nondelegation ruling settled nothing

Gundy v. United States, 2019 DJDAR (U.S. June 20, 2019), had the potential to be a sea change in the U.S. Supreme Court’s approach to policing the separation of powers between the legislative and executive branches. Instead, through a combination of fate and one surprising “defection,” an eight-justice court produced only a plural ...

September 10, 2018

Investor’s Business Daily: Reining In The Regulatory State: Restoring The Separation Of Powers

Originally published by Investor’s Business Daily September 10, 2018.   Step right up and visit ring number one. The show’s just begun. Meet the President: “I am here to see that the laws get done.” . . . Hurry, hurry, hurry to ring number two. See what they do in the Congress. Passin’ laws and ...

March 16, 2018

A “Sign” That San Francisco Isn’t Following the First Amendment

When a local government wants to regulate signs for aesthetic purposes, how should it go about doing that? You might think the answer would be to regulate the maximum size of a sign, or to place limitations on lighted or flashing signs, or to create other regulations related to a sign's appearance. Yet instead of ...

January 30, 2018

Fighting for the Constitution and small business owners

PLF, representing several vape shop owners across the country, has filed complaints against the FDA in 3 separate federal courts. ...

November 27, 2017

Yes, President Trump Can Replace Richard Cordray with an Acting Director

On Friday, Richard Cordray resigned as director of the Consumer Finance Protection Bureau. Today, two people are claiming to be the lawful acting director of the CFPB. ...