There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts

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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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CEI Weekly: Congress Should Liberate to Stimulate
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features John Berlau's debate with Heather Boushey from the Center for…
Op-Eds
No Regulation Without Representation
Having excoriated the Bush administration and Republicans in Congress — on this site and elsewhere — for falling short of principles on TARP…
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CEI Podcast – September 23, 2010: The Frankenfish Myth
CEI Senior Fellow Greg Conko, author of The Frankenfood Myth, talks about the promise and imagined peril of genetically modified salmon.
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GOP “Pledge to America” Includes Constructive Reg Reform
The House Republican “Pledge to America” unveiled today has been criticized by RedState’s Erick Erickson and other center-right pundits for a lack of specifics.
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Obama Financial Czar Appointment Is Unconstitutional, Liberal Law Professor Says
Obama has appointed controversial Harvard Law Professor Elizabeth Warren to informally run the powerful, newly-created Bureau of Consumer Financial Protection that will regulate the…
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Many Free Checking Accounts Disappearing Due to Dodd-Frank Financial “Reform” Law
The so-called financial “reform” bill that passed Congress — the Dodd-Frank Act — is wiping out many free checking accounts, since…
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Unfair ‘Paycheck Fairness Act’ Shafts Workers With Hazardous Jobs
We wrote earlier about the Paycheck Fairness Act, a bill of Orwellian deception that would result in employees unfairly receiving equal pay…
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Study: Regulations Cost $1.75 Trillion in 2008
State and local regulations, of course, cost extra.
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America: Land of the Free?
Prior to arriving in America I imagined this country as being the land of the free. But somehow, it turned out this was a wrongly…
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Insurers Drop Children’s Health Insurance Due to Obamacare
Insurers have stopped writing children-only health insurance policies due to mandates in Obamacare that ignored basic principles of economics. So if…
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Distracted Driving Kills, But What About Dysfunctional Policy?
The Obama administration, having succeeded in bringing about economic recovery and having nation-built a democratic Afghanistan, has set its sights on another pressing…
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General Motors Now Admits It Didn’t Repay Bailout Money
Contrary to its claims in TV ads earlier this year, General Motors has now admitted that it did not repay…
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Insurance Regulators Approve Increases Based on Obamacare
In Connecticut, insurance rate regulators have approved hikes in insurance premiums of up to 20 percent, agreeing with insurers that…
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Senators Challenge Administration’s Big Labor Giveaway
Despite all they have gotten from the Obama administration, many union leaders have vented their frustration over Democratic lawmakers’ failure to enact the unions’ top…
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CEI Weekly: Regulations Discourage Small Businesses from Hiring
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' article this week where he lists the effects…
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Regulation of the Day 150: Toy Guns
Samuel Burgos is 8 years old. One day he brought a toy gun to school in his backpack. That got him expelled from his Miami…
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Obama’s Broken Pledge to Cut Wasteful Spending
When Obama was elected, he claimed he would “go through our federal budget– page by page, line by line–eliminating those programs we don’t need.”…
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New CEI Podcast: Creating High-Tech Jobs
Ryan Radia, CEI's Associate Director of Technology Studies, talks about obstacles and opportunities for job creation in the high-tech sector.
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CEI Weekly: CEI Stars in “The Green Swindle”
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI Expert RJ Smith on Fox News to speak on…
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San Francisco’s Mayor Opposed to Alcohol Tax
It isn’t often that we get to praise politicians, but cheers to San Francisco Mayor Gavin Newsom who vowed to veto plans for an…
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Clearing the Way for High-Tech Jobs
Over at RealClearMarkets.c0m, my colleague Ryan Radia offer some ideas for how to create more high-tech jobs. Our main points:…
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Study: Cash for Clunkers Didn’t Work
Cash for clunkers didn't change HOW MUCH people spent. It only changed WHEN they spent.
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Obama Administration Mandates More of the Risky Loans That Spawned the Mortgage Crisis
The federal government is now expanding the affordable-housing mandates that helped spawn the mortgage crisis by goading mortgage giants Fannie Mae and Freddie Mac to…
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America Declines in Property Rights, Rule of Law
The World Economic Forum says that property rights are deteriorating in the United States, to the point where America ranks behind third-world countries…
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VA Liquor Privatization Bought with Higher Taxes?
Free marketeers in the Commonwealth of Virginia waited with high hopes after Governor Bob McDonnell made the announcement that he planned to privatize state-run…
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Obama Proposes $50 Billion More in Wasteful Deficit Spending
President Obama has proposed $50 billion more in deficit spending after his original $800 billion stimulus package…
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Regulation of the Day Update: Ladies’ Night Bar Specials
Attorney Roy Den Hollander think ladies' nights are unconstitutional. So he sued several bars.
Newsletter
Bailouts, Wind Energy, and Credit Card Regulation
Hans Bader argues that the new bailout makes responsible citizens "Suckers." Myron Ebell thinks it is doubtful that wind farms will survive Hurricane Earl. John…
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You Were a Sucker If You Were Responsible, Thrifty, and Saved Money for a Down Payment
The Obama administration will launch today a new $14 billion program to bail out some people who are underwater on their mortgages. During the…
Op-Eds
Credit Card Regulation: Big Government vs. Small Business
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Unemployment Jumps to 9.6%, 54,000 More Jobs Lost
Unemployment went back up to 9.6%, as the nation shed 54,000 jobs in August. Yet Obama calls this “Recovery Summer.” This is…
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Record Federal Spending Increase Due to Wasteful Spending Like the Failed Stimulus Package
Federal domestic spending increased by a record 16 percent this year, thanks to wasteful spending by the Obama administration, such as its “huge economic…
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Antibiotics and Meat DO Mix
Whether you’re talking about human or animal use, banning beneficial uses today can have negative impacts on human and animal health just as surely as…
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Video Exposes Labor Union Protesters – No “Living Wage,” No Health Insurance, No Union Membership
Video: Unions hire non-union protesters? Should labor unions pay their protesters the wages and benefits that the unions demand of other employers? CEI labor…
Forbes
Hurricane Katrina, Houston And The Humanitarian Case Against Zoning
On a Monday morning in late August 2005 Hurricane Katrina made landfall along the…
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Expensive Jobs
Stimulus spending costs $221,428.57 per job saved or created. Startlingly inefficient.
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CEI Weekly: Post-Spill Moratorium Worse than the Spill
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Ben Lieberman's op-ed, criticizing the deleterious effects of the oil-spill…
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Federal Regulators Making Laundry More Costly And More Dingy
In a classic case of a government solution in search of a problem, Washington has for years set energy efficiency standards for home appliances. By…
Forbes
Greg Conko on Salmonella and Eggs
Competitive Enterprise Institute Senior Fellow Gregory Conko discusses the concern over salmonella and eggs. He explains why people do not need to panic.
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Regulation of the Day 149: Sliced Bagels
In New York State, sliced bagels cost 8 cents more than unsliced bagels.
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CEI Weekly: The Union Pension Bailout
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Vincent Vernuccio's appearance on Fox Business to discuss the multi-billion-dollar…
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Regulation of the Day 148: Cutting Grass in Cemeteries
In the world of regulation, no good deed goes unpunished.
All Gov
Obama on Pace to Match Bush’s Lengthy Federal Register Record
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Regulation of the Day 147: Breathing Fire
Jimmy’s Old Town Tavern in Herndon, Virginia has fire-breathing bartenders. Two of them are facing 45 years in prison for fire code violations.
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Federal Register Hits 50,000 Pages
And it's on pace to hit a near-record 80,447 pages.
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Radical Capitalism: A Noble Experiment We Ought to Try
Earlier this month, Bloomberg published an article by Boston University economist Larry Kotlikoff in which he declared that the U.S. was bankrupt and headed…
AOL News
The FDA’s Deadly Overcaution
In the past two months, there've been news accounts of two major diagnostic advances in medicine. One involves a far more efficient HIV detection…
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Regulation of the Day 146: Airplane Child Seats
The NTSB wants to throw away 50 lives to save an estimated 1 or 2 lives.
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Yandle: Everyman’s Deficit
Clemson University economist Bruce Yandle has published a new paper that compares the federal government’s spending habits with that of the average family. Yandle…
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The Dangerous Minds of Urban Planners
Since the U.S. Supreme Court’s 2005 Kelo v. New London decision, significant attention has been paid to the way government interacts in the property…
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Government Spends Billions Bailing Out Foreign Firms and Countries, and Replacing American Jobs With Foreign Green Jobs
Our government spent as much money bailing out foreign firms as some countries spent on stabilizing their entire financial system. Much of the money…
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Government-Sanctioned Lying and Reparations Increase National Debt: The Pigford Class Action
There are only 36,697 black farmers in the entire country, but in a class-action lawsuit, more than 86,000 African-Americans claimed to have suffered…
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Financial “Reform” Harms Farmers, While Leaving Corrupt Government-Sponsored Mortgage Giants Unreformed
Farmer Betsy Jensen explains how the so-called financial “reform” bill signed by President Obama will harm agricultural markets, and thus farmers, in today’s New…
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Oh, the Horror! Budget Cuts Mean Pampered Artists Get Less Government Money to Insult Taxpayers
Thanks to budget cuts under England’s new Conservative coalition government, “London may no longer be ‘a beacon for controversial pieces’ such as last year’s…
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Why Mortgage Giant Freddie Mac Is Getting a Bailout: Costly Obama Policies and Giveaways
Earlier, I wrote about mortgage giant Freddie Mac’s demand for $1.8 billion more in bailouts. Why does it still need more bailout money, when…
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House Panel Releases Ethics Charges Against Rep. Maxine Waters
A House ethics panel has released the charges against left-wing firebrand Rep. Maxine Waters (D-Calif.) arising out her shady dealings with OneUnited Bank. (Her…
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Government-Sponsored Mortgage Giant Seeks $1.8 Billion More in Bailouts
Mortgage giant Freddie Mac is seeking $1.8 billion more in bailouts from the federal government. This mortgage giant, and its sister company, Fannie Mae,…
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Obama Justice Department Uses Americans with Disabilities Act to Harm the Disabled, Risk Lives, and Undermine Safety
“Amazon.com . . . tried to sell a talking Kindle reader, but” the Justice Department “said it couldn’t because the button to make the…
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CEI Weekly: Lessons from the Ma Bell Era
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's Ryan Radia in his film on the history of…
Newsletter
Kagan Confirmed, Ford Motor’s Finances and Critiquing Obama’s Economic Policy
The U.S. Senate confirms Elena Kagan to be the next member of the Supreme Court. President Obama announced a $250 million government loan to Ford…
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131,000 Jobs Lost in July; Obama Aide Abandons Ship; Economists Criticize Obama; More Bailouts
“Non-farm job losses hit 131,000 in July,” on top of a loss of 97,000 jobs in May and June. Another Obama economic advisor is…
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Fumento on Neil Cavuto tonight on Toyota
I’m scheduled to be the lead guest on Neil Cavuto on the Fox Business Channel at 6pm tonight. Subject: The news that NHTSA is withholding…
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Manuel “Muso” Ayau RIP
Manuel Ayau, known by his many friends and admirers as “Muso,” passed away early this morning, in his native Guatemala — a country he loved and…
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Missouri Voters Overwhelmingly Reject ObamaCare’s Individual Mandate in Referendum
“Missouri voters on Tuesday overwhelmingly rejected a federal mandate to purchase health insurance, rebuking President Barack Obama’s administration and giving Republicans their first political…
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Left-Wing Politician Faces Ethics Charges for Improperly Using Influence to Aid Bank
Rep. Maxine Waters (D-Calif.) is facing ethics charges after she improperly used her influence to get special favors from regulators, and costly taxpayer bailouts,…
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The Environment is a Luxury Good
One of the central insights of Free-Market Environmentalism is that people treat the environment as a luxury good. They are willing to pay for it…
Newsletter
The Politics of Booze, Challenging Obamacare and “Paycheck Fairness”
Beer wholesalers have been throwing massive amounts of money at Washington. A federal judge in Virginia allows the state’s lawsuit against Obamacare to proceed. The…
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Regulation of the Day 145: Unregistered Chariots
King Tut's chariot is now on exhibit in New York, but not without incident. Officials demanded to see its VIN before Allowing it in the…
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Paycheck Fairness Act Would Mandate Equal Pay for Unequal Work
The Obama administration wants to force employers to pay some people equal amounts for doing unequal work, through a deceptive bill known as the Paycheck…
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Judge Lets Virginia Challenge ObamaCare’s Individual Mandate, Refusing to Dismiss Lawsuit
A federal judge in Virginia has allowed the state’s lawsuit challenging the federal individual health care mandate to proceed: “A judge on Monday…
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In defending Kagan, Media Matters embraces Bush Justice Department
Well, who woulda thunk it?! George W. Bush’s Justice Department is now considered a citadel of wisdom by the legal eagles at the liberal Media…
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Give & Take: Fifth Amendment Complicates Net Neutrality
Opponents of net neutrality, including the Competitive Enterprise Institute, have pointed to numerous grounds upon which the detrimental scheme could be challenged. These…
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CEI Weekly: The History of Environmentalism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's RJ Smith in his own short film on the…
Newsletter
Online Gambling, Offshore Drilling and the Complexity of Obamacare
The House Financial Services Committee passes the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. Today the House of Representatives will vote on an energy…
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Understanding the Health Care System
Check out this flow chart of what the health care system will look like once Obamacare is implemented.
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A tort reform advocate’s dream, my article in Forbes.com
It’s a tort reform advocate’s dream–meaning a defendant’s worst nightmare. As I write in my Forbes.com article, “California Trial Lawyers Find A Geezer Goldmine,”…
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Jim Hood: Another of the Nation’s Worst State Attorneys General
Mississippi Attorney General Jim Hood has a truly awful record, as today’s Wall Street Journal notes, citing his links to trial lawyers who tried…
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Bill to Regulate Political Speech Fails
It was mostly Democrats who favored the DISCLOSE Act. But Republicans are no heroes on this issue. Don't believe their posturing.
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Regulation of the Day 144: Underage Senior Citizens
Bob Russ is 66 years old. He was denied entry to the Oregon Brewer’s Festival because he lacked a valid photo ID to prove he…
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America’s Worst State Attorney Generals Exposed; Consumers and Businesses Ripped Off
The nation’s worst state attorney generals use lawsuits as a weapon to redistribute billions of dollars from businesses and consumers to their wealthy trial-lawyer friends…
Newsletter
Online Privacy, Food Safety and Unemployment Benefits
The Senate Commerce Committee prepares for a hearing on consumer online privacy. Environmental groups sue to compel the Food and Drug Administration to ban the…
AOL News
Financial Overhaul Just Another Case of Government Overreach
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Who is Elizabeth Warren and why does Big Labor Love Her?
The Dodd–Frank Financial Regulation Bill, which President Obama signed today, created yet another Czar to head yet another Executive Agency, the…
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CEI Weekly: The Nation’s Worst Attorneys General
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Hans Bader's newest study on the worst attorneys general in…
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Automakers Face Potentially Massive Race-Discrimination Class-Action Lawsuit Thanks to Obama Administration
“Decisions on which car dealerships to close as part of the auto industry bailout — closures the Obama administration forced on General Motors and Chrysler…
Newsletter
Congress’ Confidence Level, Attorneys General Gone Wild and Liberating Wine Sales
A recent poll found that only 11% of Americans have confidence in Congress. CEI releases a report on America’s worst state attorneys general. New York…
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The Nation’s Worst State Attorneys General
The nation’s worst state attorneys general abuse the power of their office for political ends, undermining the rule of law. In…
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Public’s confidence in institutions at odds with Administration’s and Congressional attacks
In a new Gallup poll on confidence in institutions, Congress ranked last out of 16 institutions consumers were asked to consider. Only 11…
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Richard Blumenthal Rated Second-Worst Attorney General in America
Connecticut Attorney General Dick Blumenthal has just been rated the second-worst state attorney general in America by the Competitive Enterprise Institute in its recent…
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President Obama Signs Dodd-Frank Financial “Reform” Bill: 2315 Pages of Special-Interest Payoffs
President Obama today signed into law the Dodd-Frank financial “reform” bill, the “most sweeping overhaul of U.S. financial market regulations since the Great Depression.”…
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Phony “Toyota deaths database.” My article in Forbes magazine
In the Toyota witch hunt, nothing has been more damning than those deaths we’re told Toyota sudden acceleration “allegedly caused” or, depending on whom you…
Newsletter
Elena Kagan’s Nomination, Obama Signs Financial Regulation Bill and Defending the Right to Work
The Senate Judiciary Committee approves the nomination of Elena Kagan to the U.S. Supreme Court. Today President Obama will sign recently-passed financial regulation bill into…
AOL News
Obama’s Latest Monstrosity
The 2,315 page Dodd-Frank financial regulation bill that President Obama will sign today should not be called “financial reform.” Instead the bill, which…
News Release
Lift Government Barriers to Encourage Competition and Innovation
Washington, D.C., July 21, 2010—Tomorrow the Senate Commerce Committee will mark up the “America COMPETES Act,” possibly adding an amendment that would create a 15-member…
News Release
Extending Unemployment Benefits Will Increase Unemployment, Hurt Economy
Washington, D.C., July 21, 2010—The Senate today approved an extension of federal unemployment benefits to a maximum of 99 weeks. This move is likely to…
Newsletter
National Security, Federal Red Tape and Private Government in Florida
The Washington Post reports that 854,000 people have top-secret security clearances. The Federal Register for 2010 now exceeds 40,000 pages. Just outside of Florida’s Walt…
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Federal Register Hits 40,000 Pages
The Federal Register’s page growth has been accelerating as the year has progressed. It is currently on pace for 76,536 pages.
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Senate Passes Financial “Reform” That Leaves Corrupt Bailout Recipients Unreformed, While Harming the Public
Yesterday, the Senate passed a so-called financial reform bill by a vote of 60-to-38, making it all but certain to become law. The bill…
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Earthquake Hits Washington, D.C. Area; Politicians Seek to Expand Bailouts and Subsidize Earthquake Insurance
A mild earthquake hit the Washington, D.C. area this morning at around 5 a.m. It broke a jar of grapefruit marmalade that fell…
Newsletter
Financial Regulation, the Gulf Oil Spill, and Privacy on Facebook
Congress passes the Dodd-Frank financial regulation bill. The New York Times chronicles the economic fallout from the BP oil spill. Pundits argue that Facebook is…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform

Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government

Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance

Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment