Elizabeth Price Foley

Foley was the chief architect, along with lawyer David B. Rivkin, of the House of Representatives' lawsuit against President Obama, challenging the constitutionality of the President's implementation of the Affordable Care Act. The lawsuit focused on the President's constitutional duty, under Article II, section 3 of the Constitution, to "take care that the laws be faithfully executed." Her testimony in February 2014 before the House Judiciary Committee provided a detailed four-part "roadmap" outlining how the House could obtain "institutional" standing to assert an institutional injury. Her subsequent testimony, in July 2014, before the House Rules Committee, provided further detail about her legal theory on both standing and the merits of a challenge based on the President's failure to faithfully execute the law.

Her first book, Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality (Yale University Press, 2006; ISBN 978-0300109832), asserts that there is a "morality of American law", defined by the twin principles of limited government and residual individual sovereignty. These twin principles, moreover, reveal that there is a harm principle that animates American law and defines the moral use of governmental power to restrict individual liberty. In December 2006, the book won the Lysander Spooner Award for advancing the literature of liberty.

Foley held the rank of Professor of Law at Michigan State University College of Law and an adjunct professor at the Michigan State University College of Human Medicine. She joined the FIU College of Law as one of its "founding faculty" in 2002. Foley was awarded a Fulbright grant in spring 2011, conducting research on medical futility at the School of Law at the National University of Ireland, Galway. She continues to teach at Florida International University, where she also served for a time as the Executive Director of the Florida chapter of the Institute for Justice, where she litigated constitutional cases relating to economic liberty, property rights, free speech, and school choice.

Elizabeth Price Foley (born 1965) is a conservative American legal theorist who writes and comments in the fields of constitutional law, bioethics, and health care law. She is a Professor of Law at Florida International University College of Law, a public law school located in Miami, Florida. She also serves as Counsel to the Washington, D.C. office of BakerHostetler, LLP, where she practices constitutional, appellate, and food and drug law.