Thomas Berry

Attorney DC

Thomas Berry is an attorney in PLF’s DC Center. Prior to joining PLF, Berry was a legal associate in the Cato Institute’s Center for Constitutional Studies. While at Cato, Berry co-authored a Supreme Court amicus brief that George Will described as “amusing.”

During law school, Berry interned at both Cato and Institute for Justice, a public-interest law firm in Arlington, Virginia. His opinion pieces have appeared in popular outlets including The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review (Online), and The Hill (Online), and his academic articles have been published in Federalist Society Review, Cato Supreme Court Review, and NYU Journal of Law and Liberty. In 2018, Berry was selected as a John Marshall Fellow by the Claremont Institute.

Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.

Gundy v. United States

Congress must do its own job—make laws

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney ...

Chef Geoff’s v. The Virginia Alcoholic Beverage Control Authority

Chef Geoff fights unconstitutional “Happy Hour” gag rule

Award-winning restaurateur Chef Geoff Tracy owns three restaurants in Washington, D.C., Maryland, and Virginia. Only Virginia, however, restricts the way Chef Geoff advertises happy hour specials. While state law allows businesses to offer happy hour, it bans advertising happy hour prices, as well as the use of any terms other than “happy hou ...

Vaping Litigation

The Constitution going up in vapor

Electronic nicotine delivery systems—vaping devices and e-cigarettes—first hit U.S. stores in 2007. It didn’t take long for vaping to jump from zero to a $5 billion domestic industry, as entrepreneurs quickly recognized a market hungry for an alternative to traditional cigarettes. In 2016, just as the burgeoning vaping industry was gettin ...

Latest Posts

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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. ...