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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…
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CEI Asks State Department to Turn Over Records of Contacts with Paris Climate Treaty’s Media Cheerleaders
The Obama State Department pushed the line, via media contacts it called "validators," that the Paris Climate Agreement was not a treaty and didn’t need…
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SEC Should Investigate California Municipalities for Climate-Related Securities Fraud
It appears a variety of California municipalities have gotten themselves in hot water. To investors of their bonds, they have claimed that they are unable…
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The First Amendment Protects the Right Not to Speak
Many local governments are abusing product disclosure mandates because it costs the local government nothing, yet enables them to push an ideological message. This will…