Washington Legal Foundation

Can the government tell you how much to tip your delivery driver? New York City thinks it can by forcing Delivery Services to push tipping screens earlier in the transaction process and emphasize its preferred 10% tip. A lower court held that this did not violate the #FirstAmendment by incorrectly relying on a 9/11 national security case. Tipping is not a national security issue. The government regulating the communication of prices rather than prices themselves is in fact the government regulating speech. #NYC #compelledspeech #DoorDash #UberEats

6/6 - Paul Clement is right: "There are certain things even the unitary executive cannot do." As staunch defenders of the unitary executive, @WLF agrees. The vesting of executive power in the President is merely the power to faithfully execute those laws. #PerkinsCoie #DCCircuit

5/6 - In our brief, we explained that the orders should fall wholesale and the injunctions should be affirmed because they violate the #FirstAmendment. The government tried to downplay the First Amendment, claiming that this case merely involved an interference with freedom of “commercial association.” But as Paul Clement (arguing for the law firms) explained in a colloquy with Judge Pillard, whatever the merits of a distinction between commercial and noncommercial activity, the President can’t impose punishments against commercial concerns for their expressive speech—here, the advocacy for clients and causes the White House opposes.

1/6 - A 3-judge panel of the DC Circuit heard argument in Perkins Coie v. DOJ. That case involves challenges to executive orders that, as WLF’s brief put it, “singled out four private law firms [@PerkinsCoieLLP, @SusmanGodfrey, @WilmerHale, and @JennerBlockLLP] for punishment” because the President “doesn’t support the firms’ prior legal representations and pro bono work.” The orders directed that “attorneys at those firms [be] stripped of security clearances, debarred from government contracting and government employment, and excluded from federal buildings.”

What role (if any) should the International Agency for Research on Cancer (#IARC) play in shaping U.S. litigation and regulation? In a new @WLF paper, attorney Nathan Schactman pulls back the veil on this shadowy World Health Organization agency, detailing how IARC has been captured by extreme precaution proponents who shun alternative viewpoints and are driven by agendas rather than science. #junkscience #environmental #FDA #EPA #NTP

Missed today's webinar about the future of #AI preemption? It's now available to watch! Thank you to our esteemed panelists @neil_chilson (@abundanceinst), @jrhuddles (@CatoInstitute), & @AndyJungTech (@TechFreedom) for sharing their insights on how the federal government's approach to AI has evolved and what the future of AI regulation might look like. youtu.be/4Y8_D-8bRkU

With the federal government's approach to #AI preemption evolving, what does the future of AI regulation look like? 🗓️Join us tomorrow, May 13th, for our new webinar with @TechFreedom! Our panel of experts will discuss the implications of the government's decisions and its potential impacts on this growing technology. Register today: us06web.zoom.us/webinar/regist… @abundanceinst @CatoInstitute

If you buy a product from a third party, who altered it from its intended use, and the product injures you, should you be able to sue the original manufacturer? That’s the situation we have here. #Samsung is being punished for the recklessness of third parties who purposefully altered batteries from their stated intended purpose. This case is the perfect opportunity for the Court to clarify a product-liability regime that upholds the Fourteenth Amendment and protects national security by incentivizing trade outside of Chinese-dominated supply chains. #litigation #nationalsecurity #Constitution

Federal agencies have only those powers given to them by Congress. That means an agency must point to "clear congressional authorization" for the authority it claims. In this case, the #FCC overstepped #Congress's grant of power in the Infrastructure Investment and Jobs Act when it implemented disparate impact liability on the #broadband industry. In doing so, it violated not only the nondelegation doctrine, but also the Constitutional right of equal protection. WLF joined @PacificLegal on the amicus brief.

2/2 - "'At what point ⁠do we say, because you didn't take a different developmental path, ... you're negligent and you owe huge damages because you could have done it differently--even though by the way you cured my disease?' Justice Carol Corrigan said." Many worry that allowing Plaintiffs to pursue these claims could have a chilling effect on drug innovation because manufacturers would fear massive exposure to legal liability for any innovative improvements in their drugs. @WLF's insights on the Gilead Tenofovir cases are also reflected here: reuters.com/legal/governme…

1/2 - Based on yesterday’s argument, it appears that most Justices strongly favor @GileadSciences's position and are leaning toward reversal. The Justices' questioning reflected real concerns about allowing lay jurors to second guess complex drug-development decisions. @WLF's General Counsel Cory Andrews laid out these same concerns in his @WSJ op-ed: wsj.com/opinion/the-la… #productliability #litigation #innovation

Join us on May 13th for another installment of our Tech in the Courts webinar series with @TechFreedom! The wheels are in motion to determine the future of AI in America. Our panelists will discuss the federal government's evolving approach to AI preemption and the potential implications for regulating this growing tech. Register today! us06web.zoom.us/webinar/regist… @abundanceinst @CatoInstitute #AI #artificialintelligence #technology

The #California Supreme Court will hear arguments this morning for the Gilead Tenofovir cases. What’s at stake? A novel liability theory that could expand exposure for companies making product design and development decisions. Our take in @WSJ: wsj.com/opinion/the-la… @USChamber @CalChamber @NRFnews