Recent News
When the Supreme Court interprets a statute, its job is to say what the law is—not what it should be. If Congress disagrees with the result and wants the statute to mean something else, the Constitution provides it with the tool to do so: amend the statute. Yet this legislative response remains chronically underused.
Following the Chatrie decision, a Mississippi judge found warrant requests for cell tower dumps do not establish probable cause or particularity requirements, making them unconstitutional general warrants.
Americans for Prosperity recently published a report explaining why each summer Congress should legislatively respond to Supreme Court decisions interpreting federal statutes.
Congress should amend IEEPA to restrain emergency tariff powers after the Supreme Court’s decision in Learning Resources v. Trump.
Every term, the Supreme Court hands down decisions interpreting federal statutes and, every summer, Congress largely stays silent. A new report from Americans for Prosperity, Congress Has the Floor: Legislative Opportunities After Supreme Court Statutory Interpretations, argues that this silence is a missed opportunity. The report makes a simple point: when the Supreme Court interprets […]
On Monday, Americans for Prosperity Foundation and the Buckeye Institute, joined an amicus brief the New Civil Liberties Alliance filed in the U.S. Supreme Court in Department of Labor (“DOL”) v. Sun Valley Orchards, a constitutional challenge to an inhouse administrative tribunal in which the DOL wears multiple hats, acting as both the prosecutor and judge of its own cause to impose severe monetary penalties on private parties.
Only Congress can adequately represent the vast diversity of this country, and refining its institutions is the way to advance. Upgrades that expand freedom, opportunity, and responsibility for members will make Congress capable of achieving extraordinary things.
This term the Supreme Court decided two cases that removed judicial barriers to federal court review in Olivier v. City of Brandon, and First Choice Women’s Resource Center v. Davenport, throwing open the courthouse doors to plaintiffs with constitutional injuries. These cases continue a multi-year trend of course-correcting on judicial doctrines that barred defendants in agency or state-court actions from having their federal challenges resolved by a federal court.
The Trump Administration is trying to sell the latest tariff battle as a response to trade imbalances and foreign economic pressure, but the actual issue is largely domestic. Indeed, the most recent ruling in Burlap and Barrel, Inc. v. Trump demonstrates that the question at hand is whether the president can levy taxes on Americans by rebranding his perceived economic grievances as a statutory emergency.
