Featured Posts
Wall Street Journal
A Thumb on the Scale for Wegovy
The Biden administration announced one more bit of executive overreach on its way out the door. On Nov. 26, the Centers for Medicare and Medicaid…
Study
Evaluating Telehealth
Executive Summary Why Did We Write This Report Telehealth—the use of remote audio and/or video technologies to provide health care services—has been promoted as…
News Release
Report: Telehealth flexibility deadline looms, but Congress needs better information to decide
Congress is poised to consider proposals that permanently or temporarily extend flexibilities for telehealth services enacted during the COVID-19 pandemic that are set to expire…
Search Posts
Blog
A Big Payoff for Patient Investors
There’s a fascinating story in The New York Times this week about pharmaceutical companies and the process of discovering new drugs. Fifteen years ago, the…
Blog
How the “Stupid” American Public Pays for Gruber’s Deception
The Washington Times points out that Jonathan Gruber, our nation’s most famous sufferer of foot-in-mouth-disease, has profited greatly from the “stupid” American public to whom he…
Blog
Gruber’s “Speakola” Virus and Pelosi’s Selective Memory
Obamacare supporters say that when deciding King v. Burwell and the related Halbig v. Burwell, challenges to the law that the Competitive Enterprise Institute helped fund and coordinate,…
Blog
Obamacare: Cert Granted on Friday, and Gruber III on Saturday
It was very good news, delivered in a very surprising way. Shortly after noon last Friday, the Supreme Court announced that it would review our…
News Release
The Supreme Court Should Review CEI’s Obamacare Subsidy Case
WASHINGTON, Oct. 15 — The plaintiffs in King v. Burwell filed their final brief this week at the Supreme Court level, responding to the government’s opposition…
Blog
Where in the World is Jonathan Gruber?
The Obamacare insurance exchange rule is being challenged in four cases, and each one of them has been active over the last two weeks. The IRS…
Blog
Federal Obamacare Officials Once Recognized the Falsity of Their Current Argument about Tax Credits
The Obama administration has claimed that despite recurring language in the Obamacare law limiting tax credits to people who buy insurance on an “exchange established…
Legal Brief
Appellants’ Opposition to Government Petition for En Banc Reconsideration
Read Full Brief Here From the brief: "There is no doubt that this case is of great national importance. Not due…
LA Times
Lawyers Challenging Health Subsidies Seek Quick Supreme Court Ruling
Lawyers challenging President Obama's healthcare law filed a quick appeal with the Supreme Court on Thursday, urging justices to take up the issue this fall…
Blog
Obamacare Architect Admitted in 2012 States without Exchanges Lose Subsidies
This week, an unprecedented circuit split emerged in Halbig v. Burwell and King v. Burwell over whether health insurance premium assistance is available in states…
Blog
CEI Podcast for July 24, 2014: Victory in Halbig v. Burwell
General Counsel Sam Kazman talks about what the Halbig decision means for the Affordable Care Act, as well as broader principles such as taxation…
Blog
Fraud Rampant and Unpoliced on Obamacare Health Insurance Exchanges
Almost anyone can fraudulently obtain taxpayer subsidies to cover most of the cost of their health insurance on the Obamacare health insurance exchanges. That’s the…
Blog
Alito’s Excellent Defense of “Corporate Personhood” in Hobby Lobby
The groundbreaking decision today in Burwell v. Hobby Lobby Stores, in which the Supreme Court ruled 5-4 that Obamacare’s contraception mandate violates the religious freedom of two closely…
Blog
Supreme Court Rules in Favor of Hobby Lobby; Religious Businesses Can Invoke RFRA
In Burwell v. Hobby Lobby Stores, Inc., the Supreme Court has ruled that it violates the Religious Freedom Restoration Act (RFRA) for the Department of…
Forbes
“Worst Mom in the World” Urges You to Set Your Children Free
“Go play outside. Come back when the street lights come on.” I can’t tell you how many times my Mom said that to me. And…
Legal Brief
Halbig v Sebelius – Appellants Motion to Strike
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Government Notice of Supplemental Authority
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
King v Sebelius – Amicus Brief by Adler & Cannon
A group of four plaintiffs in Virginia filed a lawsuit on September 16, 2013 against the federal government over an IRS regulation imposed under the…
Legal Brief
King v Sebelius – Appellants’ Opening Brief
A group of four plaintiffs in Virginia filed a lawsuit on September 16, 2013 against the federal government over an IRS regulation imposed under the…
Legal Brief
Halbig v Sebelius – Amicus Briefs for the Government
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
King v Sebelius – U.S. District Court Opinion
A group of four plaintiffs in Virginia filed a lawsuit on September 16, 2013 against the federal government over an IRS regulation imposed under the…
Legal Brief
Halbig v Sebelius – Government’s Brief on Appeal
Full Document Avalible in PDF A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013…
Legal Brief
Halbig v Sebelius – Supporting Amicus Brief of Jonathan Adler and Michael Cannon
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Supporting Amicus Brief of Galen Institute
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Supporting Amicus of Senators and Representatives
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Supporting Amicus Brief of NFIB
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Supporting Amicus Brief of Oklahoma and other States
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v. Sebelius – Supporting Amicus of Kansas and Other States
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Supporting Amicus Brief of Pacific Research Institute and Cato
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Joint Appellate Appendix
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Appellants’ Opening Brief on Appeal
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Wall Street Journal
General Mills Has A Soggy Idea For Cheerios
This month General Mills announced that it would begin labeling its flagship product, the breakfast cereal Cheerios, as containing no ingredients from GMOs (genetically modified…
Legal Brief
Halbig v Sebelius – Second Motion to Expedite Appeal
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – DC Circuit Order In Re Motion to Expedite
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
News Release
Plaintiffs in Obamacare Lawsuit Move for Expedited Appeal
*1/23/14 update: The D.C. Circuit has granted our motion for an expedited appeal.Washington, DC, Jan. 17, 2014 – In the wake of a…
Legal Brief
Halbig v Sebelius – Motion to Expedite Appeal
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Notice of Appeal
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – District Court Order
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v. Sebelius – District Court Opinion
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
News Release
Obamacare Court Ruling in Halbig a Major Blow to Opt-Out States
Washington, DC, Jan. 15, 2014 – In a blow to states that opted out of Obamacare, a District Court on Wednesday upheld an IRS regulation…
Comment
Comments to the Department of Agriculture on the Arctic Apple
Full Document Available in PDF We are a group of legal scholars and practicing attorneys who…
ObamaCare faces another challenge in federal court
ObamaCare faces another challenge in federal court
“Congress figured because it was loading up the state exchanges with a lot of goodies that just about every state would make the choice to…
ObamaCare faces another challenge in federal court
A New Wave of Challenges to Health Law
More than a year after the Supreme Court upheld the central provision of President Obama’s health care overhaul, a fresh wave of legal challenges to…
Legal Brief
Halbig v Sebelius – Government Reply in Support of Summary Judgment
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
King v Sebelius – American Hospital Assn. Amicus in Support of Government Motion
A group of four plaintiffs in Virginia filed a lawsuit on September 16, 2013 against the federal government over an IRS regulation imposed under the…
Legal Brief
King v Sebelius – Families USA Amicus in Support of Government Motion
A group of four plaintiffs in Virginia filed a lawsuit on September 16, 2013 against the federal government over an IRS regulation imposed under the…
Legal Brief
King v. Sebelius – Government Cross-Motion for Summary Judgment
A group of four plaintiffs in Virginia filed a lawsuit on September 16, 2013 against the federal government over an IRS regulation imposed under the…
Legal Brief
Halbig v Sebelius – State of Virginia Amicus in Support of Plaintiffs’ Motion for Summary Judgment
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Govt Cross-Motion for Summary Judgment
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Plaintiffs’ Opposition to Govt Cross-Motion
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Legal Brief
Halbig v Sebelius – Brief of Amicus Curiae Families USA
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS…
Study
Compound Fracture
Drug compounding involves reformulating or repackaging approved medicines to better tailor them to patients’ needs. Adding new federal regulations to further restrict compounding would do…
ObamaCare faces another challenge in federal court
Hold the line! Conservative groups push Republicans to save sequester cuts
Eighteen organizations signed the letter to Republican…
News Release
Defeat Of Food Labeling Measure Was a ‘Mini Tax Revolt’ Analyst Says
WASHINGTON, Nov. 6 – Defeat of a ballot initiative that would have required labeling of food with genetically engineered ingredients in Washington state can be…
Human Events
Game Almost Up for Obamacare
Remember Jenga? It’s a simple game, yet addictive. It involves an intertwined tower of small blocks. The players take turns removing and restacking pieces, until…
News Release
A Second Federal Court Green-Lights Lawsuit Against Obamacare
WASHINGTON, Oct. 31 – A second federal judge Thursday has ruled a lawsuit that challenges a major IRS Obamacare regulation could proceed despite the government’s…
Forbes
Why Obama’s Healthcare.gov Will Never Work As Specified
“I’m sorry, Dave. I’m afraid I can’t do that.” Thus answered the HAL 9000 computer in the classic Stanley Kubrick movie 2001: A Space…
Human Events
Alarmism is Dangerous
I am a twisted father. When my children were in junior high, I would teasingly wake them with the question, “Hey, do you know what…
Legal Brief
King v. Sebelius – Defendants’ Memorandum in Opposition to Motion for Preliminary Injunction
Full Document Available in PDF The Patient Protection and Affordable Care Act (“ACA” or “Act”) includes a series of measures that will…
Washington Post
Letter to the Editor: Consumers have help in identifying non-bioengineered foods
In his Oct. 19 letter on genetically modified organisms (GMOs), Tom Natan stated that “the Food and Drug Administration (FDA) does not allow foods…
Cheap Over-the-Counter STD Test Turbocharges Casual Sex
Cheap Over-the-Counter STD Test Turbocharges Casual Sex
Imagine you’re a young Millennial prowling for a hookup. It looks like tonight might be your night. But when the magic moment arrives, instead of…
Forbes
A Miscarriage Of Science: BPA’s Unproven Pregnancy Risk
The headlines are out: Pregnant woman should fear the chemical Bisphenol A (BPA) because a “new study” says it increase the risk of miscarriage. Fortunately,…
The Wall Street Journal
Latest Legal Challenges to the Health Law: A Guide
A fourth lawsuit is pending in Virginia. That case, as well as the one in Washington, is in the hands of Michael A. Carvin, a…
The Wall Street Journal
Obamacare’s Next Bout: More Legal Challenges
The Competitive Enterprise Institute (CEI) took the primary lead in finding funding and potential plaintiffs, as well as coordinating future…
The Wall Street Journal
Health Law Faces New Legal Challenges
The Competitive Enterprise Institute, a libertarian think tank, is coordinating the suits and helping with their legal costs, a spokeswoman said…
Legal Brief
Affordable Care Act Lawsuit – October 4 Reply Memorandum in Support of Plaintiffs’ Motion for Preliminary Injunction and/or Summary Judgment
Full Document Available in PDF At long last, the Government has filed a brief defending the IRS Rule on the merits. (Dkt.
Legal Brief
Affordable Care Act Lawsuit – October 4 Supplemental Declaration in Support of Preliminary Injunction
Full Document Available in PDF In my declaration of August 5, 2013, I attested that I did not wish to purchase comprehensive…
The Washington Times
EDITORIAL: Obamacare’s fatal flaw
Michael Carvin, who argued the Supreme Court’s Obamacare cases last year, is working with the Competitive Enterprise Institute to reverse the agency’s decision. “The…
Forbes
The Great Obamacare Intergenerational Swindle
In the sci-fi thriller The Hunger Games, a group of young people are made to compete against each other in a fight for survival. Post-Constitutional America…
Legal Brief
Affordable Care Act Lawsuit – Plaintiffs’ Motion for Summary Judgment
Full Document Available in PDF Pursuant to Federal Rule of Civil Procedure 56 and this Court’s Local Rule 7, Plaintiffs…
The Hill
State-based drug tracking puts Americans at risk
When consumers take prescription and over-the-counter drugs — as more than half of all Americans do each month — they expect those medicines to improve…
The Hill
A Legacy Litigated
Here’s the thinking behind the lawsuit, funded in part by the conservative Competitive Enterprise Institute. The problem, apparently, is a drafting…
Investor's Business Daily
Environmental Fear-Mongering Isn’t Just Silly, It Kills People
Dr. Henry Miller, senior fellow at the Hoover Institution, and Gregory Conko, senior fellow at the Competitive Enterprise Institute, in a Forbes article "Rachel Carson's…
Orange County Register
Lost lives the real costs of regulator overreach
Every once in a while, one encounters the perfect example of the folly, naivete and hubris of an ivory-tower academic. A case in point was…
Human Events
Business Owners Sue IRS Over Obamacare Mandate
“Agencies are bound by the laws enacted by Congress,” said Sam Kazman, general counsel of the Competitive Enterprise Institute (CEI). “Obamacare is already an incredibly massive…
News Release
Greens Falsely Sow Seeds of Doubt on Farmer Assurance Provision
WASHINGTON, D.C., March 28, 2013 — During negotiations on the continuing budget resolution last weekend, farm state senators inserted a rider they call the “Farmer Assurance…
Forbes
FTC Drug Meddling Would Needlessly Push Pharmaceutical Costs Higher
Four of every five pharmaceutical prescriptions today are filled with a generic drug. That sounds like a big number, but the Federal Trade Commission (FTC)…
Forbes
Doctor Shortage? Let Idled Postal Workers Fill In! (Satire)
Rejoice, one of Obamacare’s great mysteries has been solved: Namely, the question of how we are going to provide free medical care to 30 million…
Heartlander
GMO Labeling to Appear on Washington Ballot
Gregory Conko, a senior fellow at the Competitive Enterprise Institute, says consumers have a right to know if products they purchase have negative health consequences.
Cato
The Ripple Effects of Flawed Agbiotech Regulation
The modern techniques of genetic engineering—also known as biotechnology, recombinant DNA technology, or genetic modification (GM)—offer plant breeders the tools to make old crop plants…
Op-Eds
Senator Durbin is wrong on energy drinks ban
Several lawmakers have called on the U.S. Food and Drug Administration (FDA) to “do something” to protect the public from the alleged threat of energy…
Hoover Institution
Free Speech for Big Pharma
One of the most important elements of medicine is also among the least well known: the ability of physicians to prescribe approved medicines for purposes…
Hoover Institution
A Lack of Government Transparency: The Devil In The Detailing
Cowritten by Jeff Stier. A House Appropriations subcommittee has voted to move forward legislation that would cut $1.3 billion from the Department of Health and…
Orange County Register
A Losing Proposition on Food Labeling
California's initiative process – which allows "propositions" to be placed on the ballot quite easily – can lead to laws that are muddled, intentionally misleading…
Orange County Register
A Conservative Case for Obamacare?
From Thomas P. Miller’s column in National Review: The response of roughly half of the Senate Republicans was to co-sponsor an alternative bill…
Forbes
Labeling Of Genetically Engineered Foods Is A Losing Proposition
As Joe Six-pack munches Fritos and popcorn during the opening games of the NFL season, does he care what variety of corn was used to…
Boston Herald
Mass. biotech reaps Monsanto deal
From Ira Kantor's article in The Boston Herald: Gregory Conko, senior fellow at the Competitive Enterprise Institute in Washington, D.C., and co-author of…
Real Clear Policy
More FDA Control Does Not Mean More Safety
News outlets are reporting that the U.S. Food and Drug Administration (FDA) has cited an alarmingly high number of alleged safety and regulatory violations by…
Real Clear Policy
The American Revolution Comes to a Pitiful Close
June 2012 – and especially its last week – was ripe with ominous metaphor, all revolving around the Supreme Court’s decision on June 28th to…
Daily Caller
Three Quick Thoughts on the Health Care Ruling
The Supreme Court has upheld the health care law’s insurance mandate, to the surprise of many. This surprise sparked a few quick thoughts about the…
News Release
Supreme Court Concocts “Rational Tax Test” in Health Ruling
Washington, D.C., June 28, 2012 – Statement by CEI Senior Fellow Gregory Conko: In enacting the health care individual purchase mandate, Congress…
Real Clear Markets
Global Governments’ Growing Embrace of Big Pharma
As the pharmaceutical industry wrestles with multiple existential threats-from price controls to patent cliffs to dwindling pipelines-calls are growing for deeper government-industry cooperation. As private…
Bio-IT World
Does Thimerosal Prevent Autism? Epidemiology Gone Wild
Human beings are born pattern recognizers, part of the repertoire of survival skills that separates us from the beasts. We are programmed to spot relationships…
Bio-IT World
Should We Label Genetically-Modified Food?
Green State TV is back for 2011 with an interview on biotechnology and agriculture with Greg Conko…
Bio-IT World
ObamaCare’s Killer Device Tax
Much of the political conversation in Washington these days concerns innovation, job creation and competitiveness. But talk is cheap, and elected officials must enact policies…
Heartlander
Critical Drug Shortages Reaching Crisis
From Ashley Bateman's article on Heartland.org: But according to Greg Conko, a senior fellow at the Competitive Enterprise Institute, more mandates on companies…
Medical Progress Today
Mayo v. Prometheus and Diagnostic Patents: What Does the Supreme Court Decision Really Mean?
I finally had a chance to read the Supreme Court's recent decision in the Mayo v. Prometheus Labs case, which invalided two patents claiming methods…
Medical Progress Today
The Orphan Drug Conundrum
It’s not a crisis. Yet. Bigger health care issues loom. Right now. There are still fortunes to be made. While it lasts. But one could…
Medical Progress Today
Stearns’ Healthcare Record Questioned
From Bill Thompson’s article in The Gainesville Sun: Such remarks echo a common refrain among conservative critics of President Barack…
Daily Caller
No to Broccoli Mandate, Yes to Health Insurance Mandate?
The results of a Reason-Rupe poll that was released on Monday are more interesting than the pollsters may have intended. Two of the questions they…