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CEI Joins Coalition Letter on Midnight Litigation

Coalition Letters

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CEI Joins Coalition Letter on Midnight Litigation

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Dear Vice President-Elect Pence:

It has come to our attention that a number of Departments and independent agencies are working furiously behind closed doors to bring significant, legally tenuous litigation against American business interests before January 20, 2017.  Doing so will saddle the Trump Administration with having to litigate cases based on job crushing liberal legal theories.  Such “midnight litigation,” particularly litigation that does not concern imminent threats to health or safety, must receive the strictest of scrutiny from the transition, and we urge the new Administration in the strongest possible terms not to treat such litigation with deference.

We have long been concerned about “midnight regulation” – regulations promulgated in the waning days of a lame duck administration.  Because of this concern, Congress enacted the Congressional Review Act, which provides Congress procedural tools to disapprove expeditiously these last ditch midnight regulations.  Congress, however, has no authority over litigation brought by the Executive Branch, and it will be incumbent upon the Trump Administration to decide whether to continue to pursue such cases.

President-elect Trump promised to “make American great again” and successfully argued that a rigged system has stymied growth, competitiveness and opportunity.  This is due in no small measure to the Obama Administration’s war on business, which was again made apparent only days ago with the President’s executive action to ban offshore oil drilling in areas of the Artic and Atlantic Oceans.  The mountains of regulations promulgated by the current Administration are a key reason economic growth has been dismally low.  Litigation is another form of executive action that can have similar devastating impacts on American jobs and competitiveness and should be reviewed in the same manner that the Transition is reviewing regulations.

Should the Obama Administration bring non-routine, last minute, legally unorthodox midnight litigation, your Administration should not hesitate to withdraw immediately from that litigation.  In such circumstances, the new Administration should not be constrained by notions of deference and should not support suspect legal theories that could have devastating economic effects for decades to come.

We appreciate the difficult work ahead of you and wish you the best as you continue to prepare to undo the damage of the last eight years.

Sincerely, 

 

George Landrith

President

Frontiers of Freedom

 

Horace Cooper

Senior Fellow

Heartland Institute 

 

Grover Norquist

President

Americans for Tax Reform

 

The Honorable J. Kenneth Blackwell 

Chairman 

Constitutional Congress, Inc. 

 

Richard A. Viguerie

Chairman

ConservativeHQ.com

Morton Blackwell

Chairman

The Weyrich Lunch 

 

Phil Kerpen

President

American Commitment

 

Jim Martin

President

60 Plus

 

Lew Uhler

President

National Tax Limitation Committee

 

Judson Phillips

Founder

Tea Party Patriots

David Williams

President

Taxpayers Protection Alliance

 

Seton Motely

President

Less Government

 

C. Preston Noell III

President

Tradition, Family, Property, Inc.

 

Scott Vanatter

President
The Last Best Hope on Earth Institute

 

Dee Hodges

President

Maryland Taxpayers Association

 

Brent Gardner

Chief Government Affairs Officer

Americans for Prosperity

 

Willes K. Lee

President

National Federation of Republican Assemblies

 

Mark Thomas

Founder

Freedom & Prosperity Caucus

 

John Cooper

President

Defending America Foundation

 

Susan Taylor

President

Strengthening America for All

 

William A. Estrada, Esq.,

Director of Federal Relations

Home School Legal Defense Association

 

Mat Staver, Esq.

Founder & Chairman

Liberty Counsel

 

Lorenzo Montanari

Executive Director

Property Rights Alliance

 

Katie McAuliffe

Executive Director

Digital Liberty

 

Nicholas Willis

President

Americans for Liberty & Security

 

Michael J. Bowen

CEO

Coalition for a Strong America

 

Clyde Wayne Crews

Vice President for Policy

Competitive Enterprise Institute

 

Charles Sauer

President

Market Institute

 

Norm Singleton

President

Campaign for Liberty