August 6, 2014 - Southeastern Legal Foundation today submitted an amicus curiae brief in the ongoing race-based admissions litigation, Abigail Noel Fisher v. University of Texas at Austin. The new amicus brief supports the request for a rehearing en banc by the Fifth Circuit U.S. Court of Appeals, which earlier this year upheld the race-based admissions program used by the University - despite a clear and decisive decision by the U.S. Supreme Court in 2013 striking down the program as unconstitutional and remanding it back to the Fifth Circuit with instructions to review the program using strict scrutiny, which the high court held was not properly applied in the earlier Fifth Circuit decision.
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July 6, 2014 - SLF's executive director and chief legal counsel, Shannon Goessling, counters EPA and environmentalist analysis of the long-awaited EPA climate change decision in The Washington Examiner. Rather than the "slight victory" claimed by the EPA and White House, the Supreme Court in June slams the door on regulatory rewriting of existing law without Congressional approval - and ensures that millions of Americans will not be subjected to greenhouse gas emissions permitting by the EPA.
HIGH COURT PUSHES BACK ON EXECUTIVE AUTHORITY – AGAIN:
NLRB RECESS APPOINTMENTS SUPREME COURT DECISION
WASHINGTON, DC/ATLANTA, GA (June 26, 2014): As the U.S. Supreme Court today issued a much-anticipated decision in the National Labor Relations Board (NLRB) recess appointments challenge against President Obama, Southeastern Legal Foundation (SLF) praised the narrow decision as “an important push-back in what has turned out to be a series of constitutional push-backs against the expansion of executive authority by the Obama administration.” National Labor Relations Board v. Noel Canning, A Division of the Noel Canning Corp., et al. (No. 12-1281).
SLF submitted an amicus brief in the case in support of Canning, arguing that historical precedent regarding the Recess Appointments Clause and reasonable interpretation of the recess provisions governing when the President may make executive appointments when the Senate is in recess. Canning challenged the three recess appointments made by President Obama to the NLRB as a result of a labor dispute in which Canning was involved as a Pepsi-Cola distributor.
The Supreme Court held that the three-day Senate recess during which Obama made the NLRB appointments was not long enough to trigger the Recess Appointments Clause powers. The Court wrote, “The Clause should be interpreted as granting the President the power to make appointments during a recess but not offering the President the authority routinely to avoid the need for Senate confirmation.”
“President Obama has consistently pursued a path of aggressive executive action through appointments and agency regulations, much like the EPA greenhouse gas case decided by the Court this week, that pushes the envelope beyond the limits established by the Constitution,” said Shannon L. Goessling, SLF executive director and chief legal counsel. “The Canning decision provides another in a sequence of Supreme Court decisions that roll back the expansion of executive authority into unconstitutional territory and serve to reinforce the pillar of separation of powers.”
June 23, 2104 - Supreme Court Says EPA "Overreached, Violated Separation of Powers"
The United States Supreme Court today held that the Obama Administration's Environmental Agency overstepped its authority by rewriting the Clean Air Act to fit its regulatory scheme on greenhouse gas emissions. The Court struck down the agency's broad assertion of power and held that the EPA must have Congressional authorization to rewrite the Clean Air Act. "This is a powerful end to the five-year climate change challenge," said Shannon Goessling, SLF executive director and chief legal counsel.
SUPREME COURT: Legislative Prayer Protected By Court in Town of Greece v. Galloway, et al., May 5, 2014
5/5/2014: Southeastern Legal Foundation (SLF) today commended the decision by the Supreme Court of the United States in reversing the Second Circuit decision in the Town of Greece, NY v. Galloway, et al. (12-696) case. SLF filed an amicus brief in the case in support of the Town of Greece.
The case turned on whether legislative prayer offered by local clergy who are predominantly Christian violated the Establishment Clause of the First Amendment. The majority held that the practice of the Town of Greece has been consistent with the practices of Congress and state legislatures since the founding of the nation, and that the prayers offered need not be strictly nonsectarian in nature because to compel that would put legislatures and the courts in the position of supervising and censoring religious speech, which would involve the government in religious matters to a far greater degree than is the case in the Town’s current practice.
“Today’s Supreme Court decision affirms important long-held constitutional principles protecting religious free speech in the legislative setting,” said Shannon Goessling, SLF executive director and chief legal counsel. “The Court today has properly determined that a court challenge against legislative prayer based only on the prayer’s content will not likely establish a violation of constitutional rights. The healthy balance struck in the Town of Greece provides a good example for government decision-making bodies across America.”
SUPREME COURT: SLF, 10 Organizations File Amicus in Challenge to FCC-Driven Political Censorship, April 18, 2014
Supreme Court amicus brief filed today by Southeastern Legal Foundation and 10 organizations challenging FCC-driven political censorship in a case involving one of the nation's only African-American-owned community-based public TV stations in San Francisco - organizations include Citizens United, Atlantic Legal Foundation, Center for Consitutional Jurisprudence, Reason Foundation, Individual Rights Foundation, Northwest Legal Foundation, Mackinac Center for Public Policy, Goldwater Institute, Center for Competitive Politics, and Cause of Action. April 18, 2014 -
SUPREME COURT Update: Court Hears Arguments in EPA Climate Change Case, Raises Issues About Constitutional Separation of Powers, Feb. 24, 2014
The New York Times reports on the upcoming omnibus legal arguments in the Supreme Court of the United States involving Southeastern Legal Foundation, representing 12 members of Congress and 16 companies and professional associations, and five other petitioners challenging the EPA's greenhouse gas emissions regulations
Southeastern Legal Foundation joins in the Joint Reply Brief of the Petitioners in the omnibus challenge against the U.S. Environmental Protection Agency's greenhouse gas emission rules, the so-called "climate change" regulations.
Southeastern Legal Foundation files its brief in support of the petitioners in the omnibus challenge against the United State Environmental Protection Agency's greenhouse gas emission rules, the so-called "climate change" regulations.