In April, Pacific Legal Foundation launched its Center for the Separation of Powers to restore the structural protections of liberty in the Constitution, without which other guarantees of liberty become worthless. The Center leads in the development and promotion of solutions to end the unconstitutional regulatory state—through strategic litigation, legislation, and executive action—and restore the constitutional order. In doing so, the Center also contributes to the proper understanding of the Constitution’s Separation of Powers. Directed by Todd Gaziano, the Center builds on PLF’s four decades of litigation on regulatory issues, with an unmatched record of success at the US Supreme Court, including four wins and two pending cases on separation of powers issues.
As part of this effort, PLF has launched two new waves of litigation: In January, PLF challenged the FDA’s deeming rule, which was issued by a career employee, not a principal officer of the FDA or HHS, as mandated by the Constitution’s Appointments Clause. Hundreds of other FDA rules were issued in the same unconstitutional manner. In April, PLF sued for enforcement of the Congressional Review Act (CRA). The CRA requires federal agencies to send rules to Congress before they may take effect, giving Congress its rightful opportunity to oversee agency actions and use expedited procedures to overturn the worst rules. PLF challenges two rules not submitted to Congress: one with disastrous consequences, and a good policy that needs to be lawfully in effect.