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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 violators…
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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. While…
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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 detail…
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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 a…
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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 supposedly…
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Judge Cain’s Injunction Concerning Social Cost of Carbon Is Reasonable
Jonathan Adler’s recent article on a preliminary injunction by Judge James D. Cain makes it sound like it’s crazy, but I’m afraid that…
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CEI in Amicus Brief Asks Supreme Court to Block the Clean Power Plan that Congress Rejected
People often talk about the undemocratic and illegitimate administrative state, of which the Clean Power Plan (CPP) is the perfect example. The Supreme Court will…
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Request to OIRA to Ensure Peer Review of Agency’s Medical Marijuana Claims
For two years, CEI has been trying to get the Department of Health and Human Services (HHS) and the Drug Enforcement Administration (DEA) to conduct…
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Another Court Rejects Federal Attempt to Impose a Vaccine Mandate
Shortly following the Fifth Circuit blocking the private employer mandate from the Occupational Safety and Health Administration (OSHA), Judge Matthew Schelp of the Eastern…
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CDC’s Eviction Moratorium Extension Another Example of Ends-Justify-the-Means Policy
The Constitution requires all of Congress and the president to swear to uphold the Constitution. Yet, too often today, public officials of both parties ignore…
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Supreme Court Requires Involvement of Principal Officers Before Final Decisions
Today, the Supreme Court issued a decision in United States v. Arthrex that has massive implications for the limits on the administrative state. It…
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Judge Rules in Favor of Retroactive Unapportioned Tax
In 2006, Charles and Kathleen Moore invested in a business aimed at providing affordable equipment to small-scale Indian farmers. No dividends have been returned to…
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Government Is Asking if We Want Faster and More Effective Appliances. Say Yes!
For more than 50 years, Americans have used washing machines to clean their clothes and dryers to dry them. Manufacturers built highly effective products that…
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CEI Opposes Federal Government Coercing a State into Assisting with Federal Law Enforcement
Last Friday, CEI took a stand for federalism and separation of powers through an amicus brief. These constitutional principles are critical to the constitutionally limited…
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DEREGULATION IN AN EMERGENCY: The President’s Emergency Powers Include Not Just Imposing Regulations on Industry, but also Suspending Regulations
Across the country, governors have suspended harmful regulations on an emergency basis due to the COVID-19 crisis. The improvements that have resulted have got people…
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Year in Review 2019: Supreme Court
The nature of the term ending in June 2019 was set at the end of 2018 when the cases were selected. When the term opened…
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Best Books of 2019: A Republic, If You Can Keep It
Supreme Court Justice Neil Gorsuch explains in vivid detail the purpose of the separation of powers in his 2019 book "A Republic, If You Can…
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‘Gundy’ Decision Could Signal Fundamental Reform of Administrative State
It is hard to describe how important the Supreme Court decision last week in Gundy v. United States is. In one sense, nothing changed—no case…
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Support Builds for EPA to Reconsider Endangerment Finding
In the 2007 case Massachusetts v. EPA, the Supreme Court held that Environmental Protection Agency had the power to regulate carbon dioxide as a pollutant…
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Supreme Court Likely to Limit Administrative State’s Ability to Interpret Rules
Last week the Supreme Court heard a case on limiting the powers of the administrative state that could be one of the most important this…
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News Media Go Along with Greenpeace’s Attempt to Pretend Patrick Moore Not a Founder
For years Greenpeace has pretended that Patrick Moore was not one of the original co-founders of the radical environmental pressure group. More recently, a number of…
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Agencies Failing to Follow Law on Key Financial Regulation
The Dodd-Frank Act of 2010 is one of the worst pieces of legislation to have become law in recent history. It created the Consumer Financial…
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Confusing Poll Clouds Public Perception of Trump Emergency Declaration
President Trump’s national emergency declaration is constitutional, as I explained in a recent op-ed in the Washington Examiner. That’s an important fact, because we trust…
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Ninth Circuit Strikes Down Soda Labeling Ban for Wrong Reasons
This week the federal Ninth Circuit Court of Appeals held unconstitutional the size requirement in San Francisco’s soda warning labeling regulation. However, there are broader…
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Warren Wealth Tax Proposal Raises Constitutional Questions
Sen. Elizabeth Warren (D-MA) has proposed a new wealth tax. We don’t know a lot of details on what is being proposed, but what little…
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Courts Should Protect Economic Liberty Rights As Originally Understood
The prohibition on taking a person’s liberty without due process of law is enshrined in the Constitution’s Fifth and Fourteenth Amendments. But what does this…
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Supreme Court Should Review Oregon’s Discriminatory Fuel Pricing Rules
Last week, American fuel manufactures filed a petition to the U.S. Supreme Court asking them to review a lower court decision upholding an Oregon law…
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Looking Back at the Success of ‘Free Enterprise Fund’
In the last decade there has been a kind of separation of powers renaissance in the courts. Previously, separation-of-powers cases were rare and usually occurred…
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Tell the Energy Department What You Think about Your Dishwasher
Thirty-five years ago, dishwashers cleaned dishes in about an hour. Sadly today, due to federal regulations, there are no dishwashers that do so. This isn’t progress—it’s…
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Liberate Dishwashers from Federal Efficiency Mandates
Thirty-five years ago dishwashers cleaned dishes in about an hour. Sadly, today there are no dishwashers that do so due to federal government regulations. This…