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Separation of Powers

October 04, 2019

California Lawyer: An innocuous Supreme Court case could be a blockbuster

A bankruptcy proceeding isn’t ordinarily what you think of as a Supreme Court blockbuster. But when the bankruptcy proceeding is brought on behalf of the Commonwealth of Puerto Rico and involves over 100 billion dollars in debt, then everyone should take notice. More than an issue of dollars and cents, the pending challenge to actions ...

August 02, 2019

The Congressional Review Act matters, here’s why

What would your family do with an extra $3,000 a year? Pay down debts? Invest? Save? Go on vacation? An extra few thousand dollars can mean a lot to the average family. That's why recent news about the successful rollback of burdensome regulations is an important first step in the fight against the out-of-control, and ...

July 31, 2019

DailyJournal: Facial recognition ban shows legislation can protect privacy, too

Last month, the San Francisco City Council voted to prohibit city agencies from using facial recognition software on municipal cameras. City officials raised reasonable questions about how the technology would be used, as well as the potential effects on civil liberties. San Francisco is the first major city to ban the use of facial ID ...

July 25, 2019

The Hill: The Senate is looking at — but needs to act upon — bureaucratic rulemaking

In Washington, D.C., reports and studies that examine and critique government policy and performance are the currency of the realm. Every think tank, advocacy organization and lobby shop hopes their original research will make a splash, getting the attention of policymakers and resulting in real change. Unfortunately, the supply of policy research ...

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 17, 2019

PLF at Senate hearing: Bureaucrats have to follow the rules, too

Earlier this year, Pacific Legal Foundation published a first-of-its-kind study finding that, over the past 17 years, the Department of Health and Human Services (HHS) issued a majority of its rules unconstitutionally. Our report, "But Who Rules the Rulemakers? A Study of Illegally Issued Regulations at HHS," found that almost three-quarters of the ...

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