This article needs additional citations for verification .(October 2009) |
The Washington Legal Foundation (WLF) is a non-profit legal organization located at 2007-2009 Massachusetts Avenue NW, on Embassy Row in Washington, D.C. Founded in 1977, the Foundation's stated goal is "to defend and promote the principles of freedom and justice." The organization promotes pro-business and free-market positions and is widely perceived as conservative. [1] [2] [3]
WLF addresses a range of legal matters, including commercial free speech, corporate criminal liability, environmental regulation, food and drug law, health care, and intellectual property through three primary functions. Its first functions as a public interest law firm that brings original lawsuits, files amicus briefs, intervenes in court cases, and petitions agencies for rulings. [4] It also works as a legal think tank that publishes in seven different formats once every two weeks[ citation needed ], and it is a non-profit communications company that hosts regular conferences, media briefings, and national educational advertising campaigns.
Since its founding in 1977, [5] the Washington Legal Foundation has litigated more than 1600 court cases, participated in nearly 900 administrative and regulatory proceedings, and published nearly 2,900 legal studies by over 2,500 different legal experts. [6] They have also initiated 138 judicial misconduct investigations, and filed more than 165 attorney and reform actions and petitions.[ citation needed ]
Cases in which WLF have been involved include:
Abigail Alliance v. von Eschenbach , 495 F.3d 695 (D.C. Cir. 2007). WLF represented terminally ill plaintiffs who unsuccessfully sued the Food and Drug Administration (FDA) for potentially life-saving drugs that had not yet been approved.
Auvil v. CBS "60 Minutes", 67 F.3d 816 (9th Cir. 1995). The appellate court affirmed the trial court's rejection of a challenge to evidence which supported a 60 Minutes broadcast alleging that the Washington apples contained a carcinogen that harms children.
Goldwater v. Carter, 617 F.2d 697 (D.C. Cir. 1979). WLF represented several members of congress who enjoined President Jimmy Carter from unilaterally terminating the Mutual Defense Treaty between the U.S. and Taiwan without the support of a majority of both houses of Congress, or two-thirds of the Senate. The Supreme Court later overruled this decision.
Phillips v. Washington Legal Foundation, 524 U.S. 156 (1998). This case determined that interest earned on a fund belongs to the person who owns the principal. The government’s effort to seize the funds in question was unconstitutional under the takings clause of the Fifth Amendment as applied through the 14th Amendment.
Washington Legal Foundation v. Henney, 202 F.3d 331 (D.C. Cir. 2000). This lawsuit forced the government to admit that neither the FDAMA nor the CME Guidance independently authorizes the FDA to prohibit or sanction drug manufacturers from discussing off-label uses for their drugs.
Washington Legal Foundation v. U.S. Department of Justice, 491 U.S. 440 (1989). This case held that the Federal Advisory Committee Act did not apply to U.S. Justice Department's solicitation of the American Bar Association’s views on prospective judicial nominees.
Washington Legal Foundation v. Shalala, U.S. Dist. Lexis 9377 (1993). The court dismissed the complaint for lack of standing when WLF sued on behalf of a cardiac surgeon and two human heart valve recipients to enjoin the United States Department of Health and Human Services and the FDA from enforcing regulatory restrictions that would subject human-tissue heart valves to FDA's premarket approval process.
In Holder v. Humanitarian Law Project , the Washington Legal Foundation filed a brief that argued that certain provisions of the PATRIOT Act do not violate the First Amendment. The statute makes it a crime to give any form of aid, including humanitarian assistance, to groups on the U.S. State Department’s list of foreign terrorist organizations. [7] [8]
WLF regularly publishes an advertisement, "In All Fairness" in the national edition of The New York Times in which the organization presents its point of view on an issue.
WLF regularly partners with Washington-based think tanks such as the American Enterprise Institute, the Brookings Institution, the Cato Institute, and The Heritage Foundation.
The Eleventh Amendment is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states of which they are not citizens in federal court.
Bernstein v. United States was a series of court cases filed by Daniel J. Bernstein, a mathematics Ph.D. student at the University of California, Berkeley, challenging U.S. government restrictions on the export of cryptographic software. In the early 1990s, the U.S. government classified encryption software as a "munition," imposing strict export controls. As a result, Bernstein was required to register as an arms dealer and obtain an export license before he could publish his encryption software online.
The Child Protection and Obscenity Enforcement Act of 1988, title VII, subtitle N of the Anti-Drug Abuse Act of 1988, Pub. L. 100–690, 102 Stat. 4181, enacted November 18, 1988, H.R. 5210, is part of a United States Act of Congress which places record-keeping requirements on the producers of actual, sexually explicit materials. The implementing regulations, part of the United States Code of Federal Regulations, require producers of sexually explicit material to obtain proof of age for every model they shoot and retain those records. Federal inspectors may inspect these records at any time and prosecute violations.
Judith Ann Wilson Rogers is a senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.
David Stephen Tatel is an American lawyer who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.
Diane Pamela Wood is an American attorney who serves as the director of the American Law Institute and a senior lecturer at the University of Chicago Law School. She previously served as a circuit judge on the United States Court of Appeals for the Seventh Circuit.
Milan Dale Smith, Jr. is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon H. Smith, was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat, and he considers himself to be a political independent.
The Center for Individual Rights (CIR) is a non-profit public interest law firm in the United States. Based in Washington, D.C., the firm is "dedicated to the defense of individual liberties against the increasingly aggressive and unchecked authority of federal and state governments". The Center is officially nonpartisan. Its work focuses on enforcement of constitutional limits on state and federal power, primarily through litigation.
David Brookman "Brooks" Smith is a senior judge of the United States Court of Appeals for the Third Circuit. He was previously Chief Judge of both the United States Court of Appeals for the Third Circuit and the United States District Court for the Western District of Pennsylvania, and is the only judge in the history of the Third Circuit to have served as both a chief district judge and chief of the Court of Appeals.
Thomas Lee Ambro is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit.
Debarment is the state of being excluded from enjoying certain possessions, rights, privileges, or practices and the act of prevention by legal means. For example, companies can be debarred from contracts due to allegations of fraud, mismanagement, and similar improprieties. Firms, individuals, and non-governmental organizations can be debarred.
Thomas Beall Griffith is an American lawyer and jurist who served as a U.S. circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 2005 to 2020. Currently, he is a lecturer on law at Harvard Law School, a fellow at the Wheatley Institute at Brigham Young University (BYU), and special counsel in the Washington, D.C. office of the law firm of Hunton Andrews Kurth. He is also a member of the Federalist Society.
Robert L. "Bob" Corn-Revere is an American First Amendment lawyer. Corn-Revere is the Chief Counsel at the Foundation for Individual Rights and Expression and was formerly a partner at Davis Wright Tremaine LLP in Washington, D.C. He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America (Woodward/White), SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022. In 2022 he was listed in Washingtonian Magazine's Top Lawyers Hall of Fame for Lifetime Achievement.
Brentwood Academy v. Tennessee Secondary School Athletic Association, 531 U.S. 288 (2001), is a United States Supreme Court case concerning whether the actions of an interscholastic sport-association that regulated sports among Tennessee schools could be regarded as a state actor for First Amendment and Due Process purposes. The Court held that the sport-association can be sued as a state actor because its actions and history have been "entangled" with state action. While the Supreme Court would reconsider this same case in the future, this specific decision became important in articulating a new principle of what entities are bound by the First Amendment.
Gonzales v. Raich, 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that, under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.
POM Wonderful LLC v. Coca-Cola Co., 573 U.S. 102 (2014), was a United States Supreme Court case that held that a statutory private right of action under the Lanham Act is not precluded by regulatory provisions of the Food, Drug, and Cosmetic Act.
City of Los Angeles v. Patel, 576 U.S. 409 (2015), was a United States Supreme Court case in which the Court held that a Los Angeles law, Municipal Code § 41.49, requiring hotel operators to retain records about guests for a 90-day period, is facially unconstitutional under the Fourth Amendment to the United States Constitution because it does not allow for pre-compliance review.
Murphy v. National Collegiate Athletic Association, No. 16-476, 584 U.S. 453 (2018) [138 S. Ct. 1461], was a United States Supreme Court case involving the Tenth Amendment to the United States Constitution. The issue was whether the U.S. federal government has the right to control state lawmaking. The State of New Jersey, represented here by Governor Philip D. Murphy, sought to have the Professional and Amateur Sports Protection Act (PASPA) overturned, allowing state-sponsored sports betting. The case, formerly titled Christie v. National Collegiate Athletic Association until Governor Chris Christie left office, was combined with NJ Thoroughbred Horsemen v. NCAA No. 16-477.
In United States law, a nationwide injunction is injunctive relief in which a court binds the federal government even in its relations with nonparties. In their prototypical form, nationwide injunctions are used to restrict the federal government from enforcing a statute or regulation.
Coalition for Mercury-Free Drugs v. Sebelius, 671 F.3d 1275, was a 2012 case decided by the United States Court of Appeals for the District of Columbia Circuit, holding that opponents of thimerosal-preserved vaccines lacked standing to challenge determinations by the Food and Drug Administration that the vaccines and their components were safe and effective. The named defendant in the case, Kathleen Sebelius, was the Secretary of the United States Department of Health and Human Services, the department with authority over the FDA.