marc wheat AAF liar

Advancing American Freedom (AAF) today announced it filed an amicus brief before the United States Supreme Court in Loper Bright Enterprises et al v Gina Raimondo. In the brief, joined by Pelican Institute for Public Policy and America First Legal Foundation. amici argue that the case ofLoper v. Raimondo presents the opportunity for Chevron v NRDC to be overturned, which has long permitted the confusion of powers of the several branches of the Federal government.

“The Chevron Doctrine has too long been the cause of overreaching Federal regulations that have created financial hardships for Americans of all walks of life, and the case before us today will decide if a Federal agency can place bureaucrats on fishing boats and make the owners pay for it,” said J. Marc Wheat, General Counsel for Advancing American Freedom. “The courts have an opportunity to right this wrong and overrule this burdensome doctrine.”

The amicus brief asks the court to consider that Congressional silence is not tantamount to delegating its legislative powers, silence of the Legislative branch is not to be taken as ambiguous, but the Chevron doctrine has read this silence as permission for a fill-in-the-blank overreach of its limited powers.

The amici goes further, emphasizing that Congress alone has power of the purse and the Chevron doctrine, by allowing mischievous agencies to seek funds outside of the appropriations process, has exceeded its delegated powers, and the judicial powers of Article III must now be used to reign in the roving powers of unelected agencies taking powers the Constitution grants to Congress alone.

To view the amicus brief, click here.

Sarah Harbison (LSBA # 31948) James Baehr (LSBA #35431) Pelican Institutefor Public Policy 400 Poydras St. Suite 900 New Orleans, LA 70130 (504) 952-8016 sarah@pelicaninstitute.org Gene P. Hamilton Virginia Bar No. 80434 America First Legal Foundation 300 Independence Ave S.E. Washington, DC 20003 (202) 964-3721 gene.hamilton@aflegal.org December 15, 2022

MOTION OF ADVANCING AMERICAN FREEDOM FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF PETITIONERS

Pursuant to Supreme Court Rule 37.2(b), Advancing American Freedom respectfully moves for leave to file an amicus curiae brief in support of petitioners. The brief follows immediately after this motion. Petitioners have granted consent and have filed a blanket consent to the filing of amicus briefs. Respondent has declined to file a blanket consent to the filing of amicus briefs and has failed to respond to an email sent on December 13, 2022 seeking consent. Because respondent has failed to file a blanket consent nor responded to an email seeking consent, Advancing American Freedom presents this motion for leave of the Court to file the appended brief amicus curiae.

Advancing American Freedomis a nonprofit organization that promotes and defends policies that elevate traditional American values, including the uniquely American idea that all men are created equal and endowed by their Creator with unalienable rights to life, liberty, and the pursuit of happiness. American freedom has created the greatest and most prosperous country in the history of the world, and if future generations are going to enjoy those blessings, we must secure individual rights in our own time. The Pelican Institute is a nonpartisan research and educational organization—a think tank—and the leading voice for free markets in Louisiana. The Institute’s mission is to conduct research and analysis that advances sound policies based on free enterprise, individual liberty, and constitutionally limited government. ThePelican Institute routinely

challenges administrative overreach when it interferes with Louisianians’ right to earn a living. Notably, the Pelican Institute represented Louisiana business owner Brandon Trosclair in his challenge to the OSHA vaccine-or-test mandate. BST Holdings, L.L.C., et al. v. Occupational Safety & Health Administration, et al., 17 4th 604 (5th Cir. 2021).America First Legal Foundation (AFL) is a public interest law firm providing citizens with representation in cases of broad public importance to vindicate Americans’ constitutional and common law rights, protect their civil liberties, and advance the rule of law. AFL employs former high-ranking Department of Justice and Executive Branch lawyers who are intimately familiar with the government's use and abuse of the Chevron doctrine to unhinge the separation of powers. Thus, AFL has a strong interest in the question presented. This case is important to amici because it presents to this Court the opportunity to overrule Chevron v. NRDC, 467 U.S. 837 (1984), which for too long has permitted the confusion of powers of the several branches of the Federal government. The genius of the Constitution is its structure, dividing power against itself into three coequal branches and thereby protecting the liberties of its citizens fromLeviathan. The proposed amicus brief seeks to bring before the Court arguments informed by amicus’s experience in studying and briefing the issues presented. Movant believes that this brief will assist the Court in its consideration of the petition. The significant issues concerning the structural constitutional provisions

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Advancing American Freedom has filed an amicus brief with Americans for Prosperity in Biden vs Nebraska which was heard before the Supreme Court today. The brief asserts that President Biden massively overstepped his executive power in his blanket cancellation of student loan debt.

“The power of the purse belongs to Congress, and the Biden administration has again overreached the executive authority granted under the Constitution,” said J. Marc Wheat, General Counsel for Advancing American Freedom. “The separation of powers outlined in our founding document are clear and cannot be dismissed for the sake of political expediency.”

Background

The cancellation of student loan debt would cost the taxpayer of $400 billion over the next 40 years, with inflation already at a 40-year high and the national debt currently surpassing $31 trillion.

Advancing American Freedom (AAF) has filed a friend of the court brief in support of health care providers’ suit against the FDA for approving chemical abortion drugs that endanger the health and safety of the women who use them, and request the Court permanently enjoin the FDA’s unlawful approval. The health care providers are represented by Alliance Defending Freedom.

“The FDA approved these drugs after ignoring potentially dangerous side effects to the women using them,” said J. Marc Wheat, General Counsel for Advancing American Freedom. “The FDA and the Biden Administration have been clear that they seek to expand access to chemical abortions with little regard to the safety of the women using these abortion inducing drugs.”

The amicus brief asserts that the FDA approved Mifepristone (the chemical abortion drug) without factoring in significant safety concerns at the time it was approved and the mixed results that were demonstrated in the drugs trials.

The brief goes further that chemical abortions pose a significant safety risk for women, which has been made worse by the intentionally narrow FDA reporting requirements limited to fatal adverse events.

To view the amicus brief, click here.

BS daily sieg heil

fIRST ON THE DAILY SIGNAL—A conservative nonprofit launched by former Vice President Mike Pence is representing 11 conservative groups in supporting fishermen challenging the extensive power of the federal bureaucracy.

Advancing American Freedom, which plays no role in Pence’s 2024 presidential campaign, filed an amicusbrief in the Supreme Court case Loper Bright Enterprises v. Raimondo, in which the court will revisit the longstanding precedent ofChevron deference. The group exclusively gave The Daily Signal a copy of the brief.

In Chevron v. National Resources Defense Council (1984), the Supreme Court held that whenever a law is ambiguous, a federal agency has the authority to interpret the scope and content of that ambiguity to achieve its ends, so long as the interpretation is “reasonable.”

This precedent granted executive agencies tremendous power to effectively rewrite the law, critics like Advancing American Freedom claim.

“The Left has used Chevron Deference to grow the administrative state and circumvent the approval of Congress to push their own agenda,”J. Marc Wheat, Advancing American Freedom’s general counsel, told The Daily Signal. “This is never what the Founders intended; unelected bureaucrats at various agencies do not have the power to legislate and we hope that the Supreme Court checks the Chevron Deference once and for all.”

In Loper Bright, fishermen are challenging the National Marine Fisheries Service—represented by Commerce Secretary Gina Raimondo. Federal law forces fishermen to carry inspectors aboard their vessels. A new Fisheries Service rule forces the fishermen to pay the salaries of these federal inspectors. The federal law requiring the inspections does not stipulate that fishermen must pay inspectors’ salaries, but the Fisheries Service insists that it has the power to demand payment under Chevron.

A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit sided with the Fisheries Service in August 2022, noting that the statute leaves “room for agency discretion.” Yet Judge Justin Walker dissented.

“Did Congress authorize the National Marine Fisheries Service to make herring fishermen in the Atlantic pay the wages of federal monitors who inspect them at sea?” he asks in his dissent. “Congress unambiguously did not.”

“Fishing is a hard way to earn a living,” he notes. While “Congress can make profitable fishing even harder by forcing fishermen to spend a fifth of their revenue on the wages of federal monitors embedded by regulation onto their ships,” it has not done so. “Until Congress does that, the Fisheries Service cannot.”

Advancing American Freedom filed the amicus brief on Monday, representing itself and ten other conservative organizations. Eagle Forum, the National Center for Public Policy Research, Project 21 Black Leadership Network, Students for Life of America, and Young America’s Foundation joined the brief.

The brief begins by quoting the Declaration of Independence, noting that the Founders faulted King George IIIfor erecting “New Offices… to harass” them “and eat out their substance.”

“Here, a New England fishing business is threatened with insolvency because a Federal agency seeks to swarm the industry with bureaucrats to consume the proceeds of some20% of the daily catch,” the petitioners write. “Bureaucracies that have grown smug and fat through Chevron deference should reacquaint themselves with their country’s history.”

“This case presents the question of Chevron deference dead on without any need to tack, offering an excellent opportunity to abandon this sinking ship and to offer lower courts a more seaworthy vessel for judicial review,” the petitioners write.

Conservative Supreme Court justices have criticized Chevron deference in recent years. Justice Clarence Thomas wrote in his concurrence in Michigan v. EPA (2015) that Chevron “wrests from Courts the ultimate interpretative authority ‘to say what the law is,’ and hands it over to” the executive branch. Justice Neil Gorsuchwrote last fall that the court should acknowledge “that Chevron did not undo, and could not have undone, the judicial duty to provide an independent judgment of the law’s meaning.”

Federal agencies have used Chevron deference to justify many controversial policies.

When the Supreme Court overturned Roe v. Wade last year, President Joe Biden directed his administration to “protect and expand access to abortion care.” Following the prompting of Health and Human Services Secretary Xavier Becerra, the Centers for Medicare and Medicaid Services issued guidance claiming to find an abortion mandate in a law that had never been interpreted as mandating abortion.

The federal agency interpreted the Emergency Medical Treatment and Labor Act, which requires health care providers to provide “stabilizing treatment” in certain circumstances, as mandating abortion. If a health care provider determines that abortion is necessary to protect the mother’s life, he or she must either perform the abortion or refer the woman to a medical facility that would perform it, regardless of the relevant state law.

Advancing American Freedom, representing 25 other conservative and pro-life groups, filed an amicus brief challenging this interpretation of the law. The brief argues that this interpretation “would expand the meaning of the 1986 statute to include abortions as a form of treatment and would illegally overwrite legitimate state laws designed to protect women and the unborn.”

As in Loper Bright, Advancing American Freedom urges the Supreme Court to overturn Chevron.

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Tyler O'Neil is managing editor of The Daily Signal and the author of "Making Hate Pay: The Corruption of the Southern Poverty Law Center."

Advancing American Freedom

On April 7, 2021, former Vice President Mike Pence launched Advancing American Freedom, a policy and advocacy organization.^[23] Teller was announced as the Executive Director of Advancing American Freedom, a position he currently holds.^[24] As Executive Director of AAF, Teller works with the former Vice President to develop and build new policies, strategies, and coalitionsto promote conservatism and restore constitutionalism in today's America.

6 23

https://www.dailysignal.com/2023/07/27/tyranny-bureaucracy-ted-cruz-takes-aim-supreme-court-doctrine-undermining-constitution/

tyler durndl

en. Ted Cruz took aim Thursday at a Supreme Court precedent that empowers the administrative state at the expense of the people’s will and the Framers’ vision in the Constitution.

This Supreme Court doctrine has “played an enormous role in the expansion of the administrative state,” Cruz, a Texas Republican, told The Daily Signal in a phone interview Thursday. “It has resulted in the American people being subject to the tyranny of the bureaucracy, over which they have very little control or ability to demand accountability.”

Cruz referred to “Chevron deference,” the doctrine that whenever a law is ambiguous, a federal agency has the authority to interpret the scope and content of that ambiguity to achieve its ends, so long as the interpretation is “reasonable.” The doctrine dates back to the 1984 case Chevron v. National Resources Defense Council. Cruz led a group of 35 senators and representatives in supporting fishermen challenging a federal regulation in the upcoming Supreme Court case Loper Bright Enterprises v. Raimondo—a case in which the court will reconsider Chevron deference.

Under this doctrine, “the courts give an extraordinary amount of deference to agency interpretations of law, even when those agency interpretations are not mandated by the statue that Congress passed and the president signed,” Cruz explained.

The senator argued that Chevron deference insulates bureaucrats who make the rules and regulations Americans must live by — creating a perverse protection for people who make life worse for everyday citizens.

“Far too many of the bureaucrats, quite frankly, don’t give a damn about what the voters think,” Cruz said. “One of the reasons why you see so many policies that destroy jobs, that hurt people across the country coming from the unelected bureaucracy is precisely because elected officials don’t have to pay the price for those decisions.”

This protects elected officials because they can merely blame bureaucrats.

“Your jobs that these bureaucrats took away, gosh, don’t blame me because I’m not the one who did that,” Cruz said, paraphrasing an unscrupulous politician. “The framers rightly envisioned a constitutional structure where those creating legislative rules could be held to account by the voters.”

Cruz filed a brief arguing that Chevron deference undermines all three branches of government as laid out in Articles I, II, and III in the Constitution.

Chevron deference undermines Congress’ legislative power by allowing agencies to make their own rules and it undermines judicial review by weakening the courts’ ability to enforce the law.

Cruz told The Daily Signal that it undermines the presidential power to execute the laws as stipulated in Article II, as well.

“The president is a constitutional officer who is democratically accountable,” he noted. “Chevron has helped fuel the growth of the modern administrative state, and in many instances, the unelected bureaucrats are not only unresponsive to Congress, but they are unresponsive to the elected president and the political leadership.”

“We see frequently a disconnect between the bureaucracy that views itself as the permanent government and the elected leadership in Article II,” he noted, referring to what former President Donald Trump called “the Deep State.”

“The president should be able to execute the laws consistent with his or her policy priorities and not handcuffed by unelected bureaucrats who believe they don’t work for the president and they don’t work for anybody else, either,” Cruz argued.

The senator claimed that Loper Bright “provides an excellent vehicle to overturn Chevron.”

In Loper Bright, fishermen are challenging the National Marine Fisheries Service—represented by Commerce Secretary Gina Raimondo. Federal law forces fishermen to carry inspectors aboard their vessels. A new Fisheries Service rule forces the fishermen to pay the salaries of these federal inspectors. The federal law requiring the inspections does not stipulate that fishermen must pay inspectors’ salaries, but the Fisheries Service insists that it has the power to demand payment under Chevron.

“Here the federal government enforced regulations requiring a family fishing company not only to allow a fishing monitor on their ship but also forcing them to pay the salary of that monitor,” Cruz explained. “Those facts illustrate well how bureaucrats easily stray and routinely stray from the language and the actual policies enacted by Congress.”

“They almost always stray in a direction of increasing the burdens on the American people, making regulations more costly, more burdensome, more destructive to jobs and economic growth,” the senator added. He noted that multiple justices have said they would like to revisit the Chevron precedent.

Cruz filed his brief Thursday, and many other Republican senators joined. Kentucky’s Mitch McConnell, Tennessee’s Marsha Blackburn, North Carolina’s Ted Budd, Texas’ John Cornyn, Arkansas’ Tom Cotton, North Dakota’s Kevin Cramer, Montana’s Steve Daines, Iowa’s Joni Ernst and Chuck Grassley, Mississippi’s Cindy Hyde-Smith and Roger Wicker, Louisiana’s John Kennedy, Utah’s Mike Lee, Wyoming’s Cynthia Lummis, Missouri’s Eric Schmitt, Florida’s Rick Scott, and South Carolina’s Tim Scott signed on. Rep. Mike Johnson, R-La., led the effort in the House of Representatives.

Cruz noted that he filed amicus briefs in other key Supreme Court cases, such as Groff v. DeJoy, 303 Creative v. Elenis, and Students for Fair Admissions v. Harvard College.

“The Supreme Court agreed with the position advocated in my amicus briefs,” upholding “religious liberty, free speech, and equal protection rights” in those cases, he noted.

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States like Missouri are advancing American freedom.

Memorandum Ruling – #293 in Missouri v. Biden (W.D. La., 3:22-cv-01213) – CourtListener.com

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I hope you have better success with flights back!

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Washington, District of Columbia, United StatesWashington, District of Columbia, United States

https://www.c-span.org/video/?529070-1/vice-president-pence-visits-ukrainehttps://www.c-span.org/video/?529070-1/vice-president-pence-visits-ukraine

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Hebron Lutheran Church FoundationHebron Lutheran Church Foundation

2016 - Present · 7 yrs 7 mos2016 - Present · 7 yrs 7 mos

Madison, Virginia Madison, Virginia

The church was built by German Lutherans in 1740 in the foothills of the Virginia Piedmont. The church was founded as a German-speaking congregation in London, England, before members joined with one another for the transatlantic crossing to Germanna, Virginia in 1717. The non-profit Foundation was created to maintain and preserve the historic Hebron Lutheran Church property in Madison, Virginia.The church was built by German Lutherans in 1740 in the foothills of the Virginia Piedmont. The church was founded as a German-speaking congregation in London, England, before members joined with one another for the transatlantic crossing to Germanna, Virginia in 1717. The non-profit Foundation was created to maintain and preserve the historic Hebron Lutheran Church property in Madison, Virginia.…see more

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Counsel, Commissioner Paul S. Atkins (2007-2008); Counsel, Commissioner Kathleen L. Casey (2008-2009). Retired from the government with 30 years of Federal service. Counsel, Commissioner Paul S. Atkins (2007-2008); Counsel, Commissioner Kathleen L. Casey (2008-2009). Retired from the government with 30 years of Federal service.

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Congressional Record, Volume 152, Part 18, December 7, 2006 to December 27, 2006Congressional Record, Volume 152, Part 18, December 7, 2006 to December 27, 2006

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Activities and societies: Student Bar Association Representative; officer, Federalist Society; president, Christian Legal SocietyActivities and societies: Student Bar Association Representative; officer, Federalist Society; president, Christian Legal Society

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The Germanna Foundation’s four-fold mission is designed to preserve the early German-American heritage that began in colonial Virginia through:

Land conservation;

Preservation of historic structures, sites, and cemeteries;

Education of the general public as well as the tens of thousands of descendants of those early settlers, and

The development of strong international relations with counterparts in Germany.

The Germanna Foundation’s four-fold mission is designed to preserve the early German-American heritage that began in colonial Virginia through: 1. Land conservation; 2. Preservation of historic structures, sites, and cemeteries; 3. Education of the general public as well as the tens of thousands of descendants of those early settlers, and 4. The development of strong international relations with counterparts in Germany. …see more

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The oldest program at the Fund for American Studies, the Institute on Economics and International Affairs was established in 1970 and offers students a thorough examination of the American Constitutional tradition and market economics through comparative study. The objective is to provide a real-world professional and academic experience for college students to help prepare them for responsible leadership in the future.The oldest program at the Fund for American Studies, the Institute on Economics and International Affairs was established in 1970 and offers students a thorough examination of the American Constitutional tradition and market economics through comparative study. The objective is to provide a real-world professional and academic experience for college students to help prepare them for responsible leadership in the future.…see more

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Rivendell SchoolRivendell School

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The name of the school comes from Tolkien’s series of fantasy novels, which starts with The Hobbit and continues with the trilogy, The Lord of the Rings. Rivendell was the “last homely house,” a place for elves and hobbits that was literally sacred, set apart and, therefore, holy. It was a stopping place, a temporary home with hallowed halls and an essentially creative and redemptive purpose.

Rivendell School’s vision settles comfortably within the spirit of Tolkien’s Rivendell home, and is reflected clearly in the following quotes taken from The Lord of the Rings:

a house of learning for active minds

“...always a bit more to discover, and not knowing what you’ll find around the corner...a fortress of wisdom, not weapons, and the unraveling of hard words...where much was said of the events of the world; where tales of the world were told; where one could find counsel for the perils of the world.”

a community of faith for tender spirits

“. . .the place where visions can be born, where fragile dreams can become reality, where battle plans can be laid for great battles ahead, and faith renewed in ultimate inevitable success.”

a company of friends for open hearts

“. . .but such was the virtue of the land of Rivendell that soon all fear and anxiety was lifted from their minds. Health and hope grew strong in them, and they were content with each good day as it came, taking pleasure in every meal, and in every word and song.”

Rivendell School exists, in its own unique way, as an exciting alternative to commonplace education. We aim to be a wholesome place, set apart for the dance of ideas and the romance of faith. Our earnest hope is that, in partnership with the parents involved, Rivendell can equip each student to become “an instrument for noble purposes, made holy, useful to the Master and prepared to do every good work.” (2 Timothy 2:21)The name of the school comes from Tolkien’s series of fantasy novels, which starts with The Hobbit and continues with the trilogy, The Lord of the Rings. Rivendell was the “last homely house,” a place for elves and hobbits that was literally sacred, set apart and, therefore, holy. It was a stopping place, a temporary home with hallowed halls and an essentially creative and redemptive purpose. Rivendell School’s vision settles comfortably within the spirit of Tolkien’s Rivendell home, and is reflected clearly in the following quotes taken from The Lord of the Rings: a house of learning for active minds “...always a bit more to discover, and not knowing what you’ll find around the corner...a fortress of wisdom, not weapons, and the unraveling of hard words...where much was said of the events of the world; where tales of the world were told; where one could find counsel for the perils of the world.” a community of faith for tender spirits “. . .the place where visions can be born, where fragile dreams can become reality, where battle plans can be laid for great battles ahead, and faith renewed in ultimate inevitable success.” a company of friends for open hearts “. . .but such was the virtue of the land of Rivendell that soon all fear and anxiety was lifted from their minds. Health and hope grew strong in them, and they were content with each good day as it came, taking pleasure in every meal, and in every word and song.” Rivendell School exists, in its own unique way, as an exciting alternative to commonplace education. We aim to be a wholesome place, set apart for the dance of ideas and the romance of faith. Our earnest hope is that, in partnership with the parents involved, Rivendell can equip each student to become “an instrument for noble purposes, made holy, useful to the Master and prepared to do every good work.” (2 Timothy 2:21)…see more

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Marc is an effective and dedicated advocate re-affirming German American friendship and business partnerships.Marc is an effective and dedicated advocate re-affirming German American friendship and business partnerships.

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I learnt a lot with Marc. He was very good Director and he taught me how to work with a team.I learnt a lot with Marc. He was very good Director and he taught me how to work with a team.

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American Council on Germany