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 cops…
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 placed…
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. Yesterday’s…
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 debts.
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 violators…
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. While…
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 detail…
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 a…
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 supposedly…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
‘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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…