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OpenMarket: Devin Watkins

  • Support Builds for EPA to Reconsider Endangerment Finding

    April 12, 2019
    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 under the Clean Air Act, which requires the agency to regulate pollutants from new vehicles when they “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The court went on to rule that the EPA had failed to adequately explain its decision not to regulate carbon dioxide in this manner.
  • Supreme Court Likely to Limit Administrative State's Ability to Interpret Rules

    April 1, 2019
    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 term. The Trump administration has actually agreed that the executive branch’s ability to interpret its own regulations should be limited (it is remarkable that the executive branch is advocating limiting its own power), although it doesn’t contend that it should be entirely overturned.
  • News Media Go Along with Greenpeace’s Attempt to Pretend Patrick Moore Not a Founder

    March 22, 2019
    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 media outlets, including CNN, BBC, Yahoo News, Newsweek, Esquire, Huffington Post, Eco-watch, and Electrek, have fallen in line with Greenpeace’s duplicity.  On March 12th, Moore’s opposition to global warming alarmism was tweeted by President Trump.
  • Agencies Failing to Follow Law on Key Financial Regulation

    March 12, 2019
    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 Protection Bureau as an independent government unto itself, unaccountable to the president, Congress or the American people. Another provision, the Durbin amendment, was meant to save consumers money, but ended up costing those with a checking account an estimated $8 billion in additional fees.
  • Confusing Poll Clouds Public Perception of Trump Emergency Declaration

    February 21, 2019
    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 in our political leaders to obey their oath of office in defending the Constitution. So it might seem troubling if most Americans expect the president’s emergency declaration will be struck down in court, as today’s headline in The Hill proclaimed.
  • 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.
  • 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.”
  • 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.
  • Looking Back at the Success of 'Free Enterprise Fund'

    August 10, 2018

    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 when Congress did something very unusual (like give itself veto powers). But in the last eight years, almost every term of the U.S. Supreme Court has had at least one, and sometimes several, separation of powers cases.


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