Blog
Tariffs are taxes and must be legislatively accountable
The Federal Circuit Court of Appeals has delivered a decisive rebuke to the new presidential reciprocal and trafficking tariffs. It ruled that a…
News Release
Trump pocket rescission move helps eliminate needless spending
The White House announced today that President Trump has moved to rescind $4.9 billion in foreign aid funding. The President is using what’s known…
Blog
The harm is the process: Unconstitutional NLRB proceedings halted
The Fifth Circuit Court of Appeals threw a wrench into the gears of the National Labor Relations Board (NLRB) this week, and for good…
Blog
Victory for liberty: 11th Circuit vacates SEC’s unjust CAT funding rule
In a decisive blow to regulatory overreach, the 11th Circuit Court of Appeals last week vacated a Securities and Exchange Commission (SEC) rule…
Blog
Two courts, one message: Tariffs need congressional backing
Within the last few days, two courts have enjoined President Trump’s tariffs under International Emergency Economic Powers Act (IEEPA) finding them unlawful. First, the…
News Release
DOE adopts CEI view on appliance water and energy limits
The U.S. Department of Energy (DOE) released new rules on appliance energy and water limits Friday that agreed with the Competitive Enterprise Institute’s (…
Citation
GOP Ready Rollbacks of Biden’s ‘Efficiency’ Mandates For Home Appliances
MCRTV cited CEI’s expert on home appliances “Responding specifically to Trump’s executive action, Devin Watkins, attorney at the Competitive Enterprise Institute (CEI), …
The New York Times
Make Dishwashers Great Again?
The New York Times cited CEI’s expert on the appliance industry “Federal limits on water and energy use have made appliances slower…
News Release
Trump executive order restores consumer choice for home appliances
In 2018, the Competitive Enterprise Institute (CEI) petitioned the U.S. Department of Energy (DOE) to adopt regulations allowing dishwashers that complete a full…
Bloomberg Law
Trump’s Plan to Control More Civil Servants Disrupts Opposition
Bloomberg Law cites CEI’s Devin Watkins on Trump’s civil service overhaul. Trump’s civil service overhaul could still be challenged in court once the…
Blog
Presidential discretion allowed by the Impoundment Control Act
The Competitive Enterprise Institute (CEI) publishing my paper this week about the possible constitutional arguments against the Impoundment Control Act of 1974.
News Release
Constitutional challenge over spending power should be limited to executive powers – CEI analysis
Following his inauguration, President Donald Trump has made it known he intends to reduce federal spending. But a 1974 law called the Impoundment Control…
Products
The Constitutionality of Presidential Impoundment
President Trump wants to cut federal spending, but the Impoundment Control Act of 1974 stands in his way. The law prohibits the president from reducing…
Blog
CEI to Supreme Court: Please don’t let executive branch set tax rates
Yesterday, the Competitive Enterprise Institute filed an amicus brief urging the Supreme Court to recognize that only Congress has the authority to write…
Legal Brief
CEI’s new brief to the U.S. Supreme Court: INTEREST OF AMICUS CURIAE
Products
Free to Prosper: Constitutional restoration
Legal Brief
UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
PLAINTIFFS’ MOTION TO ALTER ORAMEND THE JUDGMENT UNDER F.R.C.P 59(E) Plaintiffs respectfully move under Federal Rule of Civil Procedure 59(e) forthis Court…
Legal Brief
UNITED STATES COURT OF APPEALS FOR THE FIFTH CERCUIT
Plaintiffs- APPELLEES’/CROSS-APPELLANTS’PRINCIPAL AND RESPONSE Brief Certificate of Interested Persons Counsel certifies that the following listed persons and entities as described…
Legal Brief
In the United States Court of Appeals for the Fifth Circuit
MOTION OF COMPETITIVE ENTERPRISE INSTITUTEFOR LEAVE TO FILE AN AMICUS CURIAE BRIEFIN Opposition to Defendants-Appellants’Emergency Motion For Stay Pending Appeal CERTIFICATE…
The Daily Caller
Biden’s Parting Shot At Energy Companies Won’t Tie Trump’s Hands
The Daily Caller cited CEI’s expert on climate cases Devin Watkins, an attorney for the Competitive Enterprise Institute, said he doubts that the…
The Federalist Society
Court Holds the Corporate Transparency Act Is Unconstitutional: A Victory for Limited Government and the Right to Privacy
Earlier this month, a federal district court judge issued a preliminary injunction against the enforcement of the Corporate Transparency Act (CTA), a law that requires…
Comment
Improving Accreditation Process and Strengthening Legal Education
RE: Improving Accreditation Process and Strengthening Legal Education Requirements for Accredited Agents and Attorneys, 89 Fed. Reg. 82546 (Oct. 11, 2024), Docket VA-2024-OTHER-0022-0001 (to…
Marketplace
Court rules Nasdaq diversity initiative illegal
“The SEC has recently been trying to use its powers to force companies to provide more information than companies normally provide to investors,” said…
Comment
Department of Energy, Energy Conservation Program: Energy Conservation Standards for Dishwashers. Comments of the Competitive Enterprise Institute
Comments of the Competitive Enterprise Institute I. SUMMARY The Notification of Proposed Confirmation of Withdrawal and Request for Comment (proposal) seeks…
The Hill
Federal Court takes aim at White House’s environment authority
The Hill cited CEI’s expert on the White House’s environment authority While some expressed concern that the ruling could cause confusion, Devin Watkins,…
Legal Brief
Brief of Amici Curiae in Seven County Infrastructure Coalition v. Eagle County, Colorado
Summary of the argument This case is not about what constitutes sound energy, infrastructure, environmental, or social policy. The question presented…
Daily Caller
Biden-Harris Admin’s Aggressive Litigation Strategy To Enforce Agenda Likely Infringes On States’ Rights
The Daily Caller cited CEI’s experts on unconstitutional laws “There was very little chance of Oklahoma or Texas being successful without overturning Arizona…
DC Journal
Point: The Supreme Court Is Empowering Voters
The Supreme Court’s recent term signaled a monumental shift toward liberty as it rolled back the unchecked power of federal agencies and reaffirmed the…
The Federalist Society
Federal Court Recognizes Limits to Federal Power Over At-Home Distilling
What are the limits of the federal government’s powers? That critical question has been debated since the nation’s Founding, and a recent federal court…
Blog
Fifth Circuit Court of Appeals finds FCC’s universal service fee unconstitutional under the nondelegation doctrine
Late yesterday, the Fifth Circuit Court of Appeals issued an opinion in Consumer Research v. FCC that breathes new life into the nondelegation doctrine.
Legal Brief
CEI Issues Amicus Brief: Humphrey’s Executor
Humphreys Executor Amicus FinalDownload…
Fox News
Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
Fox News cites CEI’s Devin Watkins and Dan Greenberg on Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau et al:…
News Release
Federal court declares federal ban on at-home distilling unconstitutional
Late last night, after months of litigation, a federal court in Texas decided the federal ban on at-home distillation of beverage spirits is unconstitutional.
News Release
Supreme Court decision clarifies statute of limitations around regulation
Today, the Supreme Court issued its decision in Corner Post v. Board of Governors of the Federal Reserve System, a case examining statutes…
News Release
Supreme Court Ends Chevron Doctrine that Favored Regulatory Agencies in Court
The U.S. Supreme Court today overruled itself on a longstanding, controversial doctrine that gave regulatory agencies an unfair advantage in court – the so-called…
Blog
Supreme Court protects the right to a jury trial – and the public from lawless agency fines
Today the Supreme Court issued a decision in SEC v. Jarkesy, one of the most significant civil rights cases in decades. This case is…
News Release
Supreme Court curtails SEC administrative law court powers
The U.S. Supreme Court today ruled that a hedge fund manager accused of securities fraud is entitled to a jury trial because the Securities…
National Review
Congress Must Restore the Power of the Purse It Gave Away
One of the most recent decisions made by the U.S. Supreme Court is also one of the most disastrous for democratic self-government. The Court’s ruling…
Bloomberg Law
NRA Ruling Eyed for Clues in Supreme Court Social Media Case
CEI’s Devin Watkins was cited in a Bloomberg Law article on the likely legal justification of an incoming Supreme Court ruling: Devin…
News Release
Supreme Court unanimous on free speech in NRA case ruling
The Supreme Court today unanimously ruled in favor of free speech rights in NRA v. Vullo, a case in which the Competitive Enterprise Institute…
Texas Observer
DISTILLERS WANT TO DECRIMINALIZE MAKING BOOZE AT HOME
CEI’s Devin Watkins provided comments in the Texas Observer on a legal case to decriminalize home distilling: In 2023, the Hobby Distiller’s…
The Federalist Society
Boiling Down the Enumerated Powers: CEI Challenges the Federal Ban on Home Distilling
CEI’s Devin Watkins was cited in a recent blog posting on The Federalist Society about the home distilling ban: In a recently filed…
News Release
Fifth Circuit hits pause on the SEC climate disclosure rule: CEI analysis
A controversial climate disclosure rule put forward by the Securities and Exchange Commission has been stopped by a federal appeals court. On Friday, March…
Blog
CEI sues to end federal at-home distilling ban
The Competitive Enterprise Institute, which regularly litigates against federal overreach, represents the Hobby Distillers Association and its members in a lawsuit seeking an…
E&E News
These industries pitched Chevron’s demise to a pro-business Supreme Court
CEI’s Devin Watkins is cited in E&E News on the Chevron’s doctrine’s modern-day role in business: While larger companies have resources to influence…
Comment
Comment on FTC Unfair or Deceptive Fees
Dear Commissioners, On behalf of the Competitive Enterprise Institute, I respectfully submit the following comments in response to the Federal Trade Commission’s proposed…
Letters
Coalition Letter on American Consumer Institute – Risk Transfer
Chief Counsel’s Office Attention: Comment Processing, Office of the Comptroller of the Currency 400 7th Street SW, Suite 3E–218 Washington,…
News Release
Supreme Court hears challenge to regulator deference: CEI analysis
Today the U.S. Supreme Court heard oral argument in a case that could upend deference judges give to regulators over citizens. Competitive Enterprise Institute…
Blog
Appeals court rejects DOE’s attempt to eliminate fast dishwashers
The days of dishwashers with four-hour cleaning cycles may be coming to an end. The Fifth Circuit Court of Appeals repudiated the Biden…
The Center Square
Court blocks Biden effort to tighten regulations on washing machines, dishwashers
CEI’s Devin Watkins is cited in The Center Square on dishwasher regulation: “This decision allows manufacturers to build better dishwashers, not be encumbered…
Fox News
Biden admin’s crackdown on dishwashers dealt blow by appeals court
“In this opinion, the court has forced DOE to follow the law and even noted that one of the positions DOE took in this…
News Release
Fifth Circuit rules for consumers on dishwasher regulation: CEI statement
Today, the U.S. Court of Appeals for the Fifth Circuit issued an opinion that creates new possibilities for consumer choice and manufacturer innovation in…
News Release
CEI welcomes Supreme Court review of censorship ‘jawboning’ case
Competitive Enterprise Institute Attorney Devin Watkins praised the U.S. Supreme Court for agreeing to hear a lawsuit challenging government “jawboning,” pressuring private entities like…
Blog
A Jury Trial Must Precede Fines and Occupational Banishment
Imagine that the government has accused you of wrongdoing that you didn’t commit. You would expect a jury of your peers to recognize your…
News Release
Supreme Court hears case against CFPB, including unusual claim concerning government powers: CEI analysis
Today, the Supreme Court heard oral argument in CFPB v. CFSA, in which the Court will decide if the CFPB’s funding structure, which…
Blog
22 months after we asked, the Food and Drug Administration answered!
Finally! Nearly two years after we asked, the government has finally told us what it was doing! Here’s what happened: We asked…
Reason
Environmentalists Are Destroying My Kitchen
Reason Magazine cites CEI’s Devin Watkins and Sam Kazman on environmentalist agendas: “When a new energy standard is adopted by the DOE, the…
Frederick News Post
A new proposal for constitutional restoration
Now that Congress has gotten past debt-ceiling drama, next up is wrangling the nation’s budget for the coming year. A budget is about…
Blog
CEI asks Supreme Court to overturn Chevron deference to regulators
Earlier today, the Competitive Enterprise Institute filed an amicus brief at the United States Supreme Court asking the Court to overturn Chevron. Our…
Legal Brief
Brief of Amicus Curiae : Loper Bright Enterprises v. Raimondo
Daily Caller
Supreme Court’s Embrace Of This Legal Theory Means Biden’s Sweeping Electric Vehicle Plans Could Be Unconstitutional
The Daily Caller cites CEI’s Devin Watkins on the Biden administration’s new vehicle emission plan: The EPA’s new…
City Journal
Rebuilding the Constitutional Structure
City Journal cites CEI’s Dan Greenberg and Devin Watkins on constitutional structure: Consider a new Competitive Enterprise Institute report that provides…
City Journal
Rebuilding the Constitutional Structure
City Journal cites CEI’s Constitutional Restoration study by experts Dan Greenberg and Devin Watkins: Consider a new Competitive Enterprise Institute …
Washington Post
How the Supreme Court could thwart Biden’s plan to electrify cars
The Washington Post cites attorney Devin Watkins on the EPA’s proposed rule on greenhouse gas emissions: Republican-led states and conservative groups, including the Competitive…
News Release
New CEI report proposes bold reforms to restore Constitution’s constraints on government power
A new Competitive Enterprise Institute report proposes significant reforms aimed at restoring the U.S. Constitution’s separation and balance of powers that are vital…
Study
Constitutional Restoration: How to rebuild the separation of powers
Introduction A specter is haunting America—the specter of unlimited government. A central feature of our Constitution is that it restricts the federal…
Comment
CEI Comments on Proposed OMB Circular No. A-4
RE: Request for Comments on Proposed OMB Circular No. A-4, “Regulatory Analysis”, 88 FR 20915 (Apr. 7, 2023), Docket OMB-2022-0014 Dear Mr. Revesz,…
Blog
Moore good news? CEI responds to government in landmark tax case
Earlier today, the Competitive Enterprise Institute filed a reply brief in the Moores’ case. A few weeks ago, the government argued that the…
News Release
Supreme Court Protects Property Rights from Federal Overreach in Sackett v. EPA Decision
The Supreme Court today ruled in favor of the Sackett family in a property rights dispute with the Environmental Protection Agency. The EPA…
The Hill
Chevron case: Supreme Court could take sledgehammer to agency power
Devin Watkins, an attorney at Competitive Enterprise Institute, which filed a brief supporting the fishermen, argued the case demonstrates how powers…
News Release
Supreme Court to Hear Lawsuit Challenging Unfair ‘Chevron Doctrine’
The Supreme Court today agreed to hear a lawsuit challenging the Chevron doctrine, a policy requiring courts to defer to regulatory agencies in…
News Release
Supreme Court Ruling Ensures People Can Challenge Agency Authority in Court
The Supreme Court ruled today that regulatory agency tribunals do not have any special expertise in deciding constitutional law questions; therefore, district courts can…
Blog
Eight Groups Support Supreme Court Consideration of Moore v. United States
The Moores’ Supreme Court challenge to an unprecedented tax—a tax which the government labels a income tax, but is actually a property tax—received…
Blog
Congress Should Appropriate Money for the CFPB Through the Congressional Appropriation Process
Last week, I had the honor of testifying before the House Financial Services Subcommittee on Financial Institutions and Monetary Policy on how Congress…
Testimony
Testimony of Devin Watkins before the House Financial Services Committee on 03/09/23
Introduction Chairman Barr, Ranking Member Foster, and Members of this Subcommittee, I appreciate the opportunity to speak to you today. My name…
News Release
Supreme Court Rightly to Review CFPB Funding Constitutionality
The Supreme Court today announced it will review the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) funding, an unusual arrangement of unchecked funding…
Comment
CEI Comments on the Proposed Regulation on Digital Discrimination of Access
Introduction. On behalf of the Competitive Enterprise Institute (CEI), we respectfully submit the following comments in response to the Federal Communications Commission’s (FCC) notice…
Blog
Agencies Are Limited in Which Congressional Power They Can Exercise
Can unelected federal bureaucrats force people to hire police to ensure that the law is complied with—even if Congress never said anything about hiring…
Blog
More on Moore: A History of Direct Taxes and their Application to Moore v. United States
Many politicians, such as Sen. Elizabeth Warren (D-MA), advocate taxes on wealth. These taxes are easy to abuse, which is why the Founders…
Blog
Ninth Circuit Refuses to Reconsider Allowing Wealth Taxes
Moore v. United States—a case in which CEI represents the Moore family—is likely to be the most important tax case of the 21st century.
Citation
Court showdown looming on Elizabeth Warren’s Wall Street-policing agency
News Release
Biden CFPB Asks Supreme Court to Review Ruling on Its Unconstitutionality
The Biden administration has moved to appeal an October court ruling against the Consumer Financial Protection Bureau (CFPB), a ruling that invalidated controversial restrictions…
Inside Sources
Why the CFPB Is at Death’s Door
President Reagan once said, “Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we’ll ever see…
Legal Brief
CEI et al. Opening Brief in CEI v. EPA
CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28, petitioners American Fuel & Petrochemical Manufacturers, Clean Fuels Development Coalition, Competitive…
News Release
Court Rules CFPB Funding Structure Unconstitutional: CEI Statements
A Fifth Circuit panel ruled Wednesday that the Consumer Financial Protection Bureau’s unusual funding structure is unconstitutional, in a lawsuit brought by a small-dollar…
News Release
CEI Seeks Court Order on National Climate Task Force Records
The Competitive Enterprise Institute (CEI) sought a court order to preserve relevant documents and other materials from the White House’s National Climate…
Blog
Government May Not Avoid Just Compensation in Debt Seizures
Some state governments have been acting as if the Fifth Amendment’s requirement of just compensation doesn’t apply in the course of collection of government…
News Release
Court Rules Against Vaccine/Mask Mandates Imposed by Federal Agency
Today, a federal judge in Louisiana ruled the federal government cannot require Head Start program teachers, staff and volunteers be vaccinated against COVID-19 nor…
Litigation
Competitive Enterprise Institute et al. v. EPA
News Release
CEI Amicus Brief Supports States Challenging Biden Administration Appliance Efficiency Standards
WASHINGTON—The Competitive Enterprise Institute (CEI) filed an amicus brief with the Fifth Circuit Court of Appeals last week, supporting Louisiana and a…
Legal Brief
CEI Files Brief of Amici Curiae in Louisiana v. Department of Energy
In Louisiana v. Department of Energy, CEI attorneys argued that the Department of Energy’s rescission of a rule prescribing an energy conservation standard for…
E&E News
EPA blocks bid to review basis for climate regs
E&E News cites CEI Attorney Devin Watkins on climate regulation: “It’s shocking that it took more than five years…
Blog
Congress Must Decide How to Choose Between Courts and Agency Adjudication
For some time, the Securities and Exchange Commission (SEC) has had a choice of prosecutorial forums. It has been able to choose between prosecuting…
Blog
Fifth Circuit Upholds the Right to A Jury Trial Against the SEC
John Thomas Financial CEO Thomas Belesis was riding high, having been awarded the 2011 Businessman of the Year Award from the New York Republicans.
Blog
Peer Review for Thee but Not for Me
In February 2017, the Competitive Enterprise Institute petitioned the Environmental Protection Agency (EPA) to reconsider the 2009 Greenhouse Gas Endangerment Finding. CEI explained in…
News Release
Judge Rejects CDC’s Unfounded Mask Mandate for Travel
U.S. District Court Judge Mizelle today vacated the Centers for Disease Control (CDC) mask mandate for public transit, such as airports, train stations,…
Blog
Federal Judge Invalidates Federal Mask Mandate
For over a year, the Centers for Disease Control and Prevention (CDC) has threatened criminal and civil penalties and mandatory removal for not wearing…
E&E News
Inside a Legal Doctrine that Could Derail Biden Climate Regs
E&E News cites CEI Attorney Devin Watkins on the EPA’s new legislation outlining vehicle emissions standards: As in the Supreme…
Blog
CEI Submits Appeal of Lack of Peer Review for EPA’s Greenhouse Gas Endangerment Finding
The Competitive Enterprise Institute is challenging the Environmental Protection Agency’s Endangerment Finding for Greenhouse Gases on procedural grounds. This is the document which…
News Release
CEI Files Court Petition Challenging EPA Vehicle Emissions Rule
The Competitive Enterprise Institute (CEI) today filed a petition for review with the D.C. Circuit Court of Appeals on behalf of itself,…