Separation of Powers

Note: The photo above is of the Sacketts' Idaho property (marked by dotted line), which the EPA claimed was regulable as "navigable water." It's been nearly two years since the Supreme Court ruled for our clients, Chantell and Mike Sackett, in the landmark Clean Water Act case Sackett v. EPA. Yet the government still isn't complying with the jus ...

The Supreme Court heard oral argument on Wednesday in the case of FCC v. Consumers' Research, which involves a nondelegation challenge to the Telecommunications Act of 1996. PLF filed an amicus brief in the case—because the nondelegation doctrine, which says Congress cannot delegate its lawmaking responsibilities, is key to PLF's fight for the co ...

The Supreme Court's ghost guns decision in Bondi v. Vanderstok centers on a fundamental question of American law: What happens when federal agencies reinterpret decades-old statutes to expand their own power? The justices considered whether, under the Gun Control Act of 1968, Congress authorized ATF to regulate gun parts kits—often called "ghost ...

On Tuesday, March 18, 2025, President Donald Trump summarily fired two Democratic members of the Federal Trade Commission. This would be an unremarkable occurrence at the start of a new presidential administration, except Congress restricted the president's ability to fire commissioners to instances of "inefficiency, neglect of duty, or malfeasance ...

This week, the Arizona Court of Appeals closed the loop on the state's recent legislative mandate for de novo review of agency decisions, officially ending substantial-evidence deference to agency-found facts. In doing so, the court followed Pacific Legal Foundation's constitutional avoidance argument presented in our amicus brief and noted that bo ...

"She's a big problem" blared a tweet featuring a photograph of Supreme Court Justice Amy Coney Barrett. Given the opposition she faced from Democratic senators and the broader left during her confirmation hearings in 2020, one might suspect that the post came from a progressive critic. But the post, which has been liked more than 117,000 times, w ...

The COVID-19 pandemic happened "gradually and then suddenly," to steal from Hemingway. In early 2020, the U.S. Commerce Secretary optimistically predicted that the coronavirus outbreak in China would "help to accelerate the return of jobs to North America." New York City's health commissioner encouraged New Yorkers "to go about their everyday lives ...

DOGE has grand plans to shrink bureaucracy, but the ride has been bumpy. Those bumps include court decisions that have slowed the president's efforts to cut government waste. But frustrated DOGE fans should not forget that courts play a vital role in achieving DOGE's goal of limited government. For now, there is no love lost between DOGE and som ...

On March 24, the Supreme Court will hear a case that, while technically about immigration, could affect every American's ability to challenge government overreach. At stake is whether people have a fair chance to challenge government decisions in court, or if procedural traps can block them from doing so. In Riley v. Garland, Pierre Riley is see ...