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 * WHO WE ARE
 * FIGHTING PRIVATE RIGHTS OF ACTION
 * NEWS & ANALYSIS


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 * WHO WE ARE
 * FIGHTING PRIVATE RIGHTS OF ACTION
 * NEWS & ANALYSIS

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WHO WE ARE

Citizens for Legal Reform is a nonprofit organization dedicated to preserving
the separation of powers and the accountability of the political branches at all
levels of government in the United States.

CLR opposes laws that empower private plaintiffs to sue individuals for wrongs
done to society in general.

CLR believes such laws are unconstitutional, eviscerate political
accountability, undermine the rule of law, and create a patchwork of laws cross
the country that would disincentivize individuals from exercising their
constitutional rights.


FIGHTING PRIVATE RIGHTS OF ACTION

Citizens for Legal Reform is a nonprofit organization dedicated to preserving
the separation of powers and the accountability of the political branches at all
levels of government in the United States.

CLR opposes laws that empower private plaintiffs to sue individuals for wrongs
done to society in general.

CLR believes such laws are unconstitutional, eviscerate political
accountability, undermine the rule of law, and create a patchwork of laws cross
the country that would disincentivize individuals from exercising their
constitutional rights.


WHY ARE PRIVATE RIGHTS OF ACTION BAD PUBLIC POLICY?

Unconstitutional

Legislation authorizing private rights of action may violate several provisions
of the U.S. Constitution and may run afoul of state constitutional provisions.

Examples of federal constitutional issues

Article II: By vesting the “executive Power” exclusively in the President and
requiring him to “take Care that the Laws be faithfully executed,” the
constitution prevents Congress from imbuing private parties with executive
power.

Non-Delegation: Because Congress makes the laws and the Executive enforces the
laws, there are difficult and fundamental legal questions about the delegation
of Executive power when Congress authorizes citizen suits.

Lack of Accountability

Private enforcement provisions eviscerate political accountability, which is a
vital part of our representative democracy. Private parties empowered to enforce
public laws have largely unchecked enforcement power because they are not
accountable to voters or elected officials when they use a law for unintended
purposes. Voters cannot vote them out of office, and legislators cannot
meaningfully use standard tools like oversight hearings or appropriations to
guide enforcement.

Discriminatory Enforcement

Private parties could engage in partisan warfare and/or blatantly discriminatory
enforcement, including selecting enforcement targets based on political
philosophy or a protected class such as race or sex.

Unpredictability

Laws and law enforcement must be predictable. Individuals and businesses often
rely on the executive’s interpretation of the law through, among other things,
formal rulemaking and guidance documents. However, if private parties can bring
lawsuits under novel legal theories or in unanticipated factual circumstances,
businesses cannot reasonably rely on the executive’s interpretation. This
unpredictability is not only harmful for businesses and individuals, but it also
undermines the authority of regulators to guide compliance.

Undermine Citizens’ Constitutional Rights

Legislators seeking to avoid political accountability may use private plaintiffs
to escape constitutional limits on executive enforcement. As a result, such laws
could disincentivize individuals from exercising their constitutional rights.


RECENT EXAMPLES OF LEGISLATIVE EFFORTS RELATED TO PRAS

On April 29, Citizens for Legal Reform sent this letter to members of the House
Energy & Commerce Committee detailing concerns with certain private rights of
action in the draft American Data Privacy Act of 2024.

Learn More


CALIFORNIA

SB 1327 created a private right of action for any person who (1) manufactures,
distributes, transports, or imports assault weapons, or .50 BMG rifles; (2)
purchases, sells, or transfers ownership of any firearm that is not a federally
regulated; or (3) is a licensed firearms dealer and sells, supplies, delivers,
or gives possession or control of a firearm to any person under 21 years of age.


TEXAS

SB 8 authorizes any person, other than an employee of a state or local
governmental entity in the state, to bring a civil action against any person
who” knowingly performs, induces, aids, or abets an abortion.


CLEAN AIR ACT

The Clean Air Act authorizes any citizen to file a civil lawsuit on his own
behalf against any person or company who is alleged to have violated or be in
violation of the CAA.


IN THE NEWS


STATE-LEVEL PRIVATE ENFORCEMENT IS MUCH MORE COMPLICATED THAN PREVIOUSLY THOUGHT



New research on state laws that delegate enforcement to citizens. “Our findings
show that state private enforcement is large, significant, and maybe even a bit
chaotic.”…

READ MORE


LANDMARK WASHINGTON HEALTH DATA PRIVACY LAW CREATES SUIT RISKS



Washington State’s health data privacy law – “My Health My Data Act” took effect
March 31. Will its private right of action lead to a flood of litigation?…

READ MORE


CALIFORNIA GUN MEASURES LET CITIZENS SUE TO ENFORCE REGULATIONS

Zusha Elinson and Christine Mai-Duc

Wall Street Journal reports on California gun law that lets private citizens sue
to……

READ MORE

VIEW ALL


LEADERSHIP




KAREN R. HARNED

Executive Director

Ms. Harned has over 33 years of legal, regulatory, legislative, and
communications experience defending the freedoms afforded to all Americans by
the...

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BOARD OF DIRECTORS


ADAM WHITE

President

Adam White is a senior fellow at the American Enterprise Institute, where he
focuses on American constitutionalism, the Supreme Court, and the...

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PETER J. WALLISON

Treasurer

Peter J. Wallison is a senior fellow emeritus at the American Enterprise
Institute (AEI), where he studies constitutional law and the growth of...

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JOHN YOO

Secretary

John Yoo is the Emanuel Heller Professor of Law at the University of California
at Berkeley. He is also a Nonresident Senior Fellow at the...

READ MORE

ALL RIGHTS RESERVED 2024. CITIZENS FOR LEGAL REFORMS.