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 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

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

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

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