David S. McFadden was an attorney at the Competitive Enterprise Institute. He served at the U.S. Department of Labor in the administrations of President George W. Bush and President Donald J. Trump. He was an attorney-advisor at the District of Columbia Public Employee Relations Board, a public employer labor relations specialist at the Freedom Foundation, and the senior associate in the law firm of Gelpi and Associates in New Orleans. He is admitted to the bars of Ohio, Louisiana, and the District of Columbia. He has his bachelor’s degree from the University of Chicago, a J.D. from the University of Akron, and an LL.M. from Tulane University.
Authored by David S. McFadden
News
Biden Labor Department withdraws controversial apprenticeship rule opposed by CEI
On November 27, the Biden administration withdrew the Department of Labor’s proposed rule imposing costly, burdensome requirements on everyone involved in federal apprenticeship programs.
Court ruling against regulator power in environmental assessments wins praise from CEI
Today the D.C. Circuit Court of Appeals ruled on an important case concerning the authority of federal regulators to prescribe the content of environmental impact…
Blog
Putting an end to the Office of Federal Contract Compliance Programs
The immortality of federal programs no longer seems to be a certainty. A particularly welcome instance of a federal program drawing to a close is…
Virginia regulations guarantee secret ballots for public sector union elections
New regulations from the Virginia Department of Labor and Industry on “Local Government Union Requirements and Employee Protections” became effective July 30, 2025. An…
CEI celebrates agency giving up power
Even if it becomes commonplace, we should pause in wonderment whenever an agency repeals its own regulations and relinquishes power, whether voluntarily or not. And…
Op-Eds/Articles
American Institute For Economic Research
The Supreme Court Reshuffles the Regulatory Deck
We sometimes forget that the Constitution of the United States is intended both to direct the nation’s governance and to advance the nation’s economy. But…
Studies
‘Contradictory to Our Country’s Laws’
Introduction In the first days of the second Trump administration, elusive aspirations of confining agencies of the federal government to their legitimate functions suddenly seemed…
Regulatory Comments
CEI’s comment on FLRA’s Proposed AFCA Regulations: Constitutional Concerns and the Right to a Jury Trial
Dear Mr. Tso: The Federal Labor Relations Authority (FLRA) has proposed procedural regulations for the Administrative False Claims Act (AFCA). Implementation of the Administrative False…
CEI’s comment on Proposed Revisions to Section 503 Regulations and Enforcement Procedures to Align with APA and Executive Order 14173
Re: Comment on Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act of 1973, as Amended Docket OFCCP-2025-0003 Dear Director Eschbach: On behalf…
CEI’s comment on Proposed Reforms to VEVRAA Regulations and Enforcement Procedures in Light of Constitutional and Administrative Law Concerns
Re: Comment on Modifications to the Regulations Implementing the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as Amended Docket OFCCP-2025-0002 Dear Director Eschbach:…