17 states: The time has come to reconsider Chevron deference and this is the case to do it with

As the President prepares to nominate a new Supreme Court justice, one of the major issues likely to turn on that choice is the fate of Chevron deference. According to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth … ›

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It … ›

Can agencies overrule Congress?

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on … ›

Scalia's other footnote: why is footnote four always such a threat to the Constitution?

The internet is all a tizzy over a footnote in yesterday’s City of Arlington v. FCC decision. In the footnote, Justice Scalia pointlessly criticized a party’s name. Although footnotes are … ›

We meant what we said: Washington Supreme Court tells administrative agency that it lacks authority to make law … again … and again

Author: Brian T. Hodges In a representative democracy, government agencies should be required to operate within strictly defined constitutional and statutory limits. For over a decade, however, the growth management … ›

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17 states: The time has come to reconsider Chevron deference and this is the case to do it with

As the President prepares to nominate a new Supreme Court justice, one of the major issues likely to turn on that choice is the fate of Chevron deference. According to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth … ›

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It … ›

Can agencies overrule Congress?

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on … ›

Scalia's other footnote: why is footnote four always such a threat to the Constitution?

The internet is all a tizzy over a footnote in yesterday’s City of Arlington v. FCC decision. In the footnote, Justice Scalia pointlessly criticized a party’s name. Although footnotes are … ›

We meant what we said: Washington Supreme Court tells administrative agency that it lacks authority to make law … again … and again

Author: Brian T. Hodges In a representative democracy, government agencies should be required to operate within strictly defined constitutional and statutory limits. For over a decade, however, the growth management … ›

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17 states: The time has come to reconsider Chevron deference and this is the case to do it with

As the President prepares to nominate a new Supreme Court justice, one of the major issues likely to turn on that choice is the fate of Chevron deference. According to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth … ›

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It … ›

Can agencies overrule Congress?

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on … ›

Scalia's other footnote: why is footnote four always such a threat to the Constitution?

The internet is all a tizzy over a footnote in yesterday’s City of Arlington v. FCC decision. In the footnote, Justice Scalia pointlessly criticized a party’s name. Although footnotes are … ›

We meant what we said: Washington Supreme Court tells administrative agency that it lacks authority to make law … again … and again

Author: Brian T. Hodges In a representative democracy, government agencies should be required to operate within strictly defined constitutional and statutory limits. For over a decade, however, the growth management … ›

17 states: The time has come to reconsider Chevron deference and this is the case to do it with

As the President prepares to nominate a new Supreme Court justice, one of the major issues likely to turn on that choice is the fate of Chevron deference. According to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth … ›

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It … ›

Can agencies overrule Congress?

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on … ›

Scalia's other footnote: why is footnote four always such a threat to the Constitution?

The internet is all a tizzy over a footnote in yesterday’s City of Arlington v. FCC decision. In the footnote, Justice Scalia pointlessly criticized a party’s name. Although footnotes are … ›

We meant what we said: Washington Supreme Court tells administrative agency that it lacks authority to make law … again … and again

Author: Brian T. Hodges In a representative democracy, government agencies should be required to operate within strictly defined constitutional and statutory limits. For over a decade, however, the growth management … ›