The Risks And Rewards Of This Conservative Supreme Court
The Hill cited CEI on Herman Gundy v. United States case.
Many of these future challenges would be motivated, at least in part, by skepticism about the necessity of federal regulation at all in particular areas of American life. Among the groups that submitted amicus briefs supporting the defendant in Gundy were the Cato Institute and the Competitive Enterprise Institute, each looking to persuade the court that the judiciary should more actively police delegations by Congress. Indeed, should the defendant prevail, one result could be less regulation, in the form of a rule that requires members of Congress to agree on the regulatory details of matters that are often arcane and complicated is likely to deter the impulse to regulate in the first place.