The Constitution’s separation of powers, and the many checks and balances that our Founders had the foresight to build into the Constitution to ensure that each branch respects its own boundaries, are the foundation for our federal government. In addition, our federalist system ensures that the federal government is one of limited powers, and that the States and their political subdivisions are the repositories of all other powers not specifically denied to them.
Atlantic Legal Foundation is dedicated to identifying encroachments upon the separation of powers and federalism, and presenting its views on this critical subject in appropriate judicial forums. This includes vigilantly monitoring the “administrative state,” i.e., the multitude of federal departments and agencies that Congress has authorized to act, in effect, as a fourth branch of government. In addition, ALF is proactively attentive to what unfortunately has become a fifth branch of government—the lock-step alliance between overtly partisan “mainstream media” personalities (many of whom misrepresent themselves as journalists) and “Big Tech” oligarchs and their sycophants who use their near-monopolistic power to block or distort presentation of facts or opinions that differ from their own.
Limited Government Amicus Briefs
ALF Urges Supreme Court To Uphold FDA Enforcement Exclusivity
Sprout Foods, Inc. v. Davidson, et al., No. 24-737 (Supreme Court) (petition)
February 12, 2025
ALF Advocates Broad View of “Statutory Standing” To Challenge Federal Regulatory Actions
Food and Drug Administration v. R.J. Reynolds Vapor Co. (23-1187) (Supreme Court) (merits)
December 18, 2024
ALF Urges Supreme Court To Reject Expansive View of Product Manufacturers’ Aiding-and-Abetting Liability
Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos (23-1141) (Supreme Court) (merits)
December 3, 2024
ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional
Boehringer Ingelheim Pharmaceuticals, Inc. v. U.S. Dep't of Health & Human Services (24-2092) (2d Cir)
November 12, 2024
ALF Amicus Brief Supports Constitutional Challenge To Medicare “Drug Price Negotiation Program”
Bristol Myers Squibb Co. & Janssen Pharmaceuticals, Inc. v. Becerra, Nos. 24-1820 & 24-1821 (3rd Circuit)
July 16, 2024
ALF Amicus Brief Supports Constitutional Challenge To SEC “Gag Rule”
Powell v. United States Securities and Exchange Commission (24-1899) (9th Cir.)
June 24, 2024
ALF Urges Supreme Court To Let Scientific Debate Flourish
Murthy v. Missouri, No. 23-411 (Supreme Court) (merits)
February 7, 2024
ALF Argues That SEC In-House Enforcement Proceedings Deprive Defendants of Due Process
SEC v. Jarkesy, No. 22-859 (Supreme Court) (merits stage)
October 18, 2023
ALF Brief Predicts Devasting Impacts If Congress Can Tax Unrealized Gains As “Income”
Moore v. United States, No. 22-800 (Supreme Court) (merits stage)
September 6, 2023
ALF Argues No Chevron Deference For Unconstitutional Interpretations
Loper Bright Enterprises v. Raimondo, No. 22-451 (Supreme Court) (merits stage)
July 13, 2023
ALF Argues That CFPB “Self-Funding” Is Unconstitutional
Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, No. 22-448 (Supreme Court) (merits stage)
July 6, 2023
ALF Argues That Half-Trillion Dollar Student Debt Cancellation Is Unconstitutional
Biden v. Nebraska, No. 22-506 & Department of Education v. Brown, No. 22-535 (Supreme Court) (merits stage)
January 12, 2023
ALF Argues SEC Lacks Expertise To Rule On Its Own Constitutionality
Securities and Exchange Commission v. Cochran, No. 21-1239 (Supreme Court) (merits stage)
July 5, 2022
ALF Argues “Justice Delayed Is Justice Denied” In FTC Constitutional Challenge
Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86 (Supreme Court) (merits stage)
May 16, 2022
ALF Brief Argues That Covid-19 Negligence Suits Belong—If Anywhere—In Federal, Not State, Courts
Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, No. 21-2164-cv (Second Circuit)
December 28, 2021
ALF Presses Supreme Court To Scrutinize Selective Exclusion Of Journalists From Government Briefings
John K. MacIver Institute for Public Policy, Inc. v. Tony Evers, Governor of Wisconsin, No. 21-388 (Supreme Court) (petition stage)
October 11, 2021
ALF/DRI Brief Argues That Constitution’s Supremacy Clause Directly Bars Talcum Powder “Consumer Protection” Suit
Johnson & Johnson v. Mississippi, ex rel. Lynn Fitch, Attorney General of Mississippi, No. 21-348 (Supreme Court) (petition stage)
September 24, 2021
ALF Amicus Brief Argues That Courts, Not Bureaucrats, Should Interpret Federal Regulations
AMN Services, LLC v. Clarke No. 21-296 (Supreme Court) (petition stage)
September 13, 2021
ALF Brief Supports Supreme Court Review of “Justice Delayed is Justice Denied” Appeal
Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86 (Supreme Court) (petition stage)
August 17, 2021
ALF Amicus Brief Argues That Justice Delayed Is Justice Denied
Axon Enterprise, Inc. v. Federal Trade Commission, No. 20-15662 (Ninth Circuit)
March 17, 2021
ALF Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge
Gibson v. Securities and Exchange Comm’n, No. 20-276 (Supreme Court) (petition stage)
October 1, 2020
Legislator, Interpreter, and Executor: Should Stare Decisis Protect Arbitrary Agency Reinterpretation?
Kisor v. Wilkie, No. 18-15 (Supreme Court) (petition-stage)
January 31, 2019
Infinite Liability For Speech: Can California Impose Liability On 80 Year-Old Speech For Not Conforming With The Latest Findings In Medical Science?
Sherwin-Williams v. California, No. 18-86 (Supreme Court) (petition-stage)
August 17, 2018
Can a Court Resolve a Dispute By Providing No Relief Whatsoever?
Theodore H. Frank v. Paloma Gaos, No. 17-961 (Supreme Court) (petition stage)
July 13, 2018
Anticompetitive Takings: Will The Supreme Court Revisit Kelo?
Violet Dock Port, Inc., LLC, v. St. Bernard Port, No. 17-1656 (Supreme Court) (petition stage)
July 11, 2018
Under What Level Of Scrutiny Is Compelled Commercial Speech Reviewed?
CTIA – The Wireless Association v. Berkeley, No. 17-976 (Supreme Court) (petition stage)
February 8, 2018
Bypassing Procedure: Should DOJ Promulgate Website Regulations Through Litigation?
Robles v. Domino’s Pizza, LLC, No. 17-55504 (Court of Appeals for the Ninth Circuit)
December 27, 2017
Should Stare Decisis Protect Compelled Political Speech And Association?
Janus v. AFSCME, No.16-1466 (Supreme Court) (petition-stage)
December 6, 2017
Muddling Precedent: California Attempts To Destroy Distinctions Between Personal And General Jurisdiction
Bristol-Myers Squibb Co. v. Superior Court Of California, No. 16-466 (Supreme Court) (petition stage)
March 8, 2017
Is An Intersession Adjournment A Recess?
NLRB v. Noel Canning (Supreme Court) (petition stage)
November 25, 2015
Severing The FAA: California Courts Maintain Separate Rules For Arbitration Agreements
MHN Government Services, Inc., v. Zaborowski, No. 14-1458 (Supreme Court) (petition stage)
July 10, 2015
Executive Creep: Unaccountable Agency Destroys Life Plans of Property Owners
Kent Recycling Services, LLC, v. U.S. Army Corps of Engineers, No. 14-493 (Supreme Court) (petition stage)
December 1, 2014
Illegitimate Expansion of Federal Executive Regulatory Authority Through Vague Reinterpretation
Comment to the U.S. Environmental Protection Agency and the Army Corps of Engineers concerning “Proposed Definition of ‘Waters of the United States’ Under the Clean Water Act,” 40 CFR 230.3.
November 12, 2014
Freight Brokers Vicariously Liable For Carrier Negligence: California Trial Court Creates New Public Policy
KAM-WAY Transportation v. Superior Court (Chavez), No. 220283 (California Supreme Court)
August 16, 2014
Economic Substance Rule: District Court Rewrites Tax Code
American International Group, INC., v. United States of America, No. 14-0765-cv (Second Circuit)
July 7, 2014
Disparate Treatment vs Disparate Impact: Should a Clause Intended To Ban Racial Discrimination Be Interpreted To Encourage It?
Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., No. 13-1371 (Supreme Court) (petition stage)
June 16, 2014
Are Covenants With The Land Compensable Under The Takings Clause?
Mariner’s Cove v. United States (Supreme Court) (petition stage)
July 15, 2013
Expert Assertions Avoid Summary Judgement in California
Garrett v. Howmedica Osteonics Corp.
May 24, 2013
Woman Tries To Poison Husband’s Lover, Violates International Arms Control Treaty
Bond v. United States, (Supreme Court) (petition stage)
May 15, 2013
Mayor In Guam Uses Pretextual Taking To Steal Property
Ilagan v. Ungacta, Supreme Court (petition stage)
January 7, 2013
Compelled Non-Member Fees for Extraunit Litigation: Compelled Speech?
Locke v. Karass, (US) (merits stage)
September 25, 2009
Social Justice and Racial Quotas: Is Discrimination Against Disfavored Groups Permissible?
Ricci v. DeStephano, (Supreme Court) (petition stage)
February 26, 2009
Changing the Rules During Closing Arguments: EPA Abandons Consistency to Raise Conviction Rate
US v. SDGE (9th Cir.)
November 4, 2008
Judicial Conceptions of Social Justice Provide Rationale for Casting Aside International Comity to Create a Judge-Made Retroactive Boycott
American Isuzu Motors v. Lungisile Ntsebeza, (U.S.) (petition stage)
February 11, 2008
Does ERISA’s Plain Language Exclude Cost-of-Living Adjustments From Accrued Benefits?
Rohm and Haas Pension Plan v. Williams (U.S.) (petition stage)
February 8, 2008
Banning Foie Gras and the Commerce Clause
Illinois Restaurant Association v. City of Chicago, (7th Cir.)
December 14, 2007
Identity Politics: Does the Constitution Prohibit State Voter Identification Measures?
Crawford v. Marion County Election Board, (Supreme Court) (petition stage)
December 10, 2007
Judicial Rewriting of Retirement Plans: Lump Sum Adjusted for Future Costs of Living
Williams v. Rohm and Hass Co., (7th Cir.) (in support for Defendant’s motion for rehearing en banc)
August 31, 2007
Massachusetts Tells EPA How to Save the Earth.
Massachusetts v. EPA, (Supreme Court) (No. 05–1120) (petition stage)
October 8, 2006
Nexus and Proportionality: “Impact Fees” Detached from Actual Impact
Drebick v. Olympia (Supreme Court) (petition stage)
September 13, 2006
Adjacent to the Adjacent: Does “Navigable Water” Extend Federal Power to All Wetlands?
Rapanos v. United States, Supreme Court, (merits stage) (2004)
December 2, 2005
Government Facilitated Property Theft: Notice in New York
Brody v. Village of Port Chester, (2nd Cir.)
May 27, 2005
Does the phrase “at any time” leave room for subjective belief?
Dore v. Arnold World Wide, (Cal.)
January 28, 2005
New York Requires LLC’s to Pay Media Interests a Tithe Before Having Access to Courts
Barklee v. Pataki, Supreme Court of New York
January 6, 2003
Does Discrimination Against Disfavored Groups Serve a Compelling State Interest?
Grutter v. Bollinger, (Supreme Court) (merits stage)
January 5, 2003
Disguised Takings: Disproportionate Impact Fees
Rogers Machinery v. City of Tigard, (US) (merits stage)
December 16, 2002
California Butchers Ripeness Doctrine, Allows Uncompensated Public Takings
Cole v. Santa Barbara, (Supreme Court) (petition stage)
August 5, 2002
Disparate Impact: Liability Created by Aggregate Decisions
Adams v. Florida Power, (Supreme Court) (merits stage)
February 25, 2002
Prejudicial Notice: 10th Circuit Takes ”Judicial Notice” of Outdated Theory to ”Prove” Essential Element of Case
Adarand v. Mineta
June 11, 2001
District Court Blocks Deportation Citing Non-Self-Executing International Treaty Provision
Beharry v. Ashcroft, (2nd Cir.)
June 25, 2000
Unitary Executive: Presenting a United Front to Foreign Powers
Natsios v. NFTC, (US) (petition-stage)
February 4, 2000
Coercing Funds for Political Activism
University of Wisconsin v. Southworth (Supreme Court) (petition stage)
August 13, 1999
Virtuous Racism: Discrimination Against Members of the Majority
Adarand Constructors v. Pena, (US) (merits)
November 8, 1994