WASHINGTON, DC (July 18, 2024): As part of the Right on Transparency coalition, Southeastern Legal Foundation (SLF) and other leading public interest groups are have released a new model policy urging state governments to publish any guidance documents received by state agencies from the federal government. The policy comes on the heels of the landmark Supreme Court decision, Loper Bright v. Raimondo, where the Court overturned the Chevron doctrine and held that courts no longer owe broad judicial deference to executive agencies.
In light of the Loper Bright decision, federal agencies will now likely increase their use of guidance documents to push their policy objectives behind closed doors. Because guidance documents are not part of the formal rulemaking process, but often carry the force of law, they provide a way to circumvent both public and judicial scrutiny. Through the model policy, the Right on Transparency coalition is urging state governments to publish any guidance documents received by state agencies from the federal government.
This is the latest effort by SLF to restore constitutional balance and ensure that the public knows what the government is doing. From helping parents expose invasive student surveys in their school districts, to uncovering the Biden family’s business dealings in Ukraine and then-Vice President Biden’s use of private, pseudonymous emails, SLF acts as a legal watchdog in both state and federal arenas.
Read more about SLF’s transparency work here.
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