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OpenMarket: Law and Constitution

  • Kids Climate Litigants Petition Court to Stop Fossil Fuel Development

    February 11, 2019
    Kelsey Juliana and her fellow litigants are the youngsters who, since 2015, have been suing the federal government to “prepare and implement an enforceable national remedial plan to phase out fossil fuel emissions and draw down excess atmospheric [carbon dioxide] so as to stabilize the climate system.” On February 7th, they petitioned the Ninth Circuit Court of Appeals  to halt fossil fuel development on U.S. soil and territorial waters.
  • VIDEO: Operation Choke Point Sets Dangerous Precedent

    February 7, 2019
    Our friends at the Federalist Society have an interesting new video out on legal businesses being targeted for government harassment because their products have become politically unpopular. These tactics were notoriously employed by the Obama-era “Operation Choke Point,” but could be deployed in the future against any industry that attracts the ire of federal bureaucrats. 
  • Ninth Circuit Strikes Down Soda Labeling Ban for Wrong Reasons

    February 1, 2019
    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 problems with the law that the Ninth Circuit failed to identify.
  • Chuck Todd's 'Daily Show' Comments Got It Wrong on the Climate Debate

    January 25, 2019
    Last night Chuck Todd went on “The Daily Show with Trevor Noah” and was asked about his announcement on a recent episode of “Meet the Press,” (which was devoted entirely to climate change), to bar guests who dispute climate alarmism. I think CEI may have spurred the question.
  • Warren Wealth Tax Proposal Raises Constitutional Questions

    January 25, 2019
    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 we do know suggests there is a constitutional problem. The Washington Post reported yesterday that Warren is being advised by two economists “on a proposal to levy a 2 percent wealth tax on Americans with assets above $50 million, as well as a 3 percent wealth tax on those who have more than $1 billion.”
  • VIDEO: Pacific Legal Foundation Stands up for Freedom of Falconry

    January 25, 2019
    Falconry has a long and noble heritage. During most of that time, however, it has been heavily regulated. In Medieval England, for example, only people belonging to certain social classes were allowed to keep and hunt with bird of prey, and certain species of birds were considered appropriate only for holders of certain noble titles. Though we in the present-day United States may live in a far more egalitarian society, the practice of falconry still comes with onerous rules. The new video below from the Pacific Legal Foundation explains a lawsuit they are pursing to challenge those restrictions.
  • Courts Should Protect Economic Liberty Rights As Originally Understood

    January 23, 2019
    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 mean? Does “liberty” only mean not being imprisoned, as some people have claimed, or is it far broader than that? In a new post on the Federalist Society’s blog, I argue that liberty, as originally understood by our Founders, was far broader than lack of imprisonment.
  • Supreme Court Should Review Oregon's Discriminatory Fuel Pricing Rules

    January 16, 2019
    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 which the manufacturers say was designed to inappropriately favor Oregon businesses and which regulates activities that occur entirely outside of the state. CEI has previously commented on the absurdity of the lower court decision when it was issued.
  • Oregon Court Rebuffs Kids' Climate Lawsuit

    January 11, 2019
    Oregon’s Court of Appeals ruled on 9th January that the public-trust doctrine does not impose a “fiduciary obligation” on the state to develop and implement a climate change mitigation program. 
  • An Executive Order to Shine Light on Dark Matter

    December 27, 2018
    Over at The Hill, Wayne Crews and I make the case for an executive order that would limit executive power. It’s more plausible than it sounds.

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