WLF Briefing to Examine Office of Management and Budget’s Role in Regulators’ Use of Science

PodiumPic1Science and Federal Regulation: Is the Office of Management and Budget an Effective Gatekeeper?

WLF Media Briefing, Tuesday, May 19, 10:00-11:00 a.m. EDT

Location: 2009 Massachusetts Avenue, NW (WLF headquarters)—RSVP to glammi@wlf.org or click HERE for free registration to view program live online

Speakers:

Raisin Farmers’ Video Explains What’s at Stake in Pending “Horne v. USDA” SCOTUS Case

This video explains why Laura and Marvin Horne have taken their case that a U.S. Department of Agriculture marketing program violates the Fifth Amendment of the Constitution all the way to the Supreme Court.

Washington Legal Foundation filed an amicus brief in Horne v. USDA supporting the farmers’ argument that the program’s seizure of raisin crops without compensation is an unconstitutional taking. The Court heard oral arguments in the case on April 22. On the afternoon of the argument, WLF held a Web Seminar program assessing the arguments, which featured one of the Hornes’ attorneys, Stephen Schwartz.  A video of the program can be viewed here.

WLF Pens Guest Blog Post on 1st Amendment Victory for Craft Brewer

flying dogWashington Legal Foundation Chief Counsel for Legal Studies Glenn Lammi published a guest commentary on May 4 on the blog of the San Francisco law firm Hinman & Carmichael, Booze Rules. The post, Appellate Court Ruling Strikes Blow Against State’s Arbitrary Beer Label Ban, discusses the implications of a U.S. Court of Appeals for the Sixth Circuit ruling, Flying Dog Brewing v. Michigan Liquor Control Commission.  The court allowed a lawsuit against the Control Commission’s members individually to go forward.  Flying Dog is alleging that the commissioners violated its First Amendment rights by arbitrarily rejecting approval to the label of one of the brewery’s products.

Supreme Court Agrees to Review Uninjured Plaintiffs’ Lawsuit

supreme courtThe U.S. Supreme Court this morning granted certiorari in Spokeo, Inc. v. Robbins, a case from the U.S. Court of Appeals for the Ninth Circuit involving an issue that the Court declined to address twice in the past several years: whether Congress can grant citizens the ability to file lawsuits in situations where those plaintiffs could not otherwise satisfy the “case or controversy” requirement of Article III of the U.S. Constitution.

On April 15, a WLF Legal Pulse commentary by WLF Chief Counsel Rich Samp, Supreme Court Has Opportunity to Halt Lawsuits by Uninjured Plaintiffs, explained why the Court should decline the recommendation of the Solicitor General of the U.S., which, at the Court’s invitation, had filed an amicus brief urging the justices to deny review.

Also, soon after the Court sought the views of the Solicitor General, WLF hosted a Web Seminar program on Spokeo and the issue of statutorily-created injury that featured Spokeo‘s Counsel of Record, Andrew Pincus of Mayer Brown LLP, and Meir Feder of Jones Day.

WLF Program to Assess Supreme Court Arguments in Critical Property Rights Case

PodiumPic1Studies have shown a correlation between strong protections for private property ownership and environmental quality. It is quite appropriate, then, that the U.S. Supreme Court will be hearing arguments today, Earth Day 2015, in a critical property rights case, Horne v. U.S. Department of Agriculture. The case involves, among other issues, whether a “categorical” or per se taking of property under the Fifth Amendment occurs when government seizes personal property, rather than real property. The personal property in Horne were raisins, and the seizure occurred under a Depression-era “Raisin Marketing Order.”

Washington Legal Foundation, which filed an amicus brief supporting Marvin and Laura Horne’s takings claim, will be hosting a live Web Seminar program this afternoon at 1:00 p.m. EDT, Takings of Personal Property: An Assessment of U.S. Supreme Court Arguments in Horne v. USDA. Click here for free registration.

Our panelists this afternoon will be:

Timothy S. Bishop, Partner, Mayer Brown LLP
Stephen S. Schwartz, Associate, Kirkland & Ellis LLP
Richard A. Samp, Chief Counsel, Washington Legal Foundation

WLF Attorney Interviewed for FCPA Compliance and Ethics Report Blog Podcast

Attorney Thomas R. Fox, a prominent Foreign Corrupt Practices Act (FCPA) practitioner and author of a forthcoming WLF Legal Opinion Letter, “Is SEC Heading toward a Strict Liability Application of the Foreign Corrupt Practices Act?,” recently interviewed WLF Legal Studies Division Chief Counsel, Glenn Lammi, about WLF’s public interest work and our focus on the FCPA.

 Episode 151-Glenn Lammi, Washington Legal Foundation.

End of the Road in the Long-running “FTC v. Phoebe Putney” Saga

amurinoFeatured Expert Column – Antitrust/Federal Trade Commission

Andrea Agathoklis Murino, Goodwin Proctor LLP

Many months ago, I wrote about the ongoing saga that was the Federal Trade Commission’s (“FTC”) attempt to unwind the acquisition of Palmyra Park Hospital (“Palmyra”) by Phoebe Putney Health System Inc. (“Phoebe”) in Albany, Georgia. There were visits to all three levels of the federal court system (yes, even the Supremes!), as well as unexpected detours through various Georgia regulatory bodies. With the FTC’s announcement late last month that it was settling its administrative litigation with a behavioral remedy, we now know how this story ends.

Where We’ve Been

This journey began back in early-2011 with the FTC’s attempt to block the deal outright on the grounds that the combined entity would have had market shares in excess of 85% in the provision of acute care services in a six-county region. The FTC initially secured a preliminary injunction at the district court level but Phoebe successfully argued that despite the concentration levels, its acquisition was legal under the state action doctrine. The state action doctrine provides that where (1) there is a clearly articulated state policy to displace competition and (2) there is active supervision by the state of the policy or activity, otherwise anticompetitive activity will be permitted. Here, Phoebe argued the acquisition was immune under both prongs of the test because it was owned by the Hospital Authority of Albany-Dougherty County, and operated under Georgia’s Hospital Authorities Law.

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