Government regulations are based on enacted laws, and those laws in turn rest on the limited powers granted to government by the Constitution. Whether these constitutional limits succeed in actually reining in government is one of the basic issues facing our country. This is where CEI’s legal expertise comes in.
Since 1986, CEI has engaged in strategic litigation on regulatory and constitutional issues, in areas ranging from free speech to environmental mandates and health care policy to financial regulation. This includes court challenges to both Obamacare and the Dodd-Frank Act. CEI’s legal team works to defend the Constitution, protect the rule of law, and bring transparency and accountability to the regulatory state.
Law and Litigation Issue Areas
Featured Posts
Blog
Free the Economy podcast: How to sue the SEC with Nick Morgan
In this week’s episode we cover entrepreneurship in Africa, a lawsuit over “affordable luxury” handbags, and European deforestation rules. Our interview…
News Release
Supreme Court decisions on administrative law hand Congress opportunity for key reforms
Near the end of its 2024 term, the Supreme Court issued several decisions that create fundamental changes in the way federal regulatory agencies and Cabinet…
Study
The Supreme Court’s New New Deal
In the final weeks of its 2024 term, the Supreme Court of the United States issued several opinions that transform the nation’s regulatory climate. The…
Studies
Conflict of Justice
Introduction Imagine that a federal agency has charged you with violating a law or regulation, and you have to defend yourself in court. But you…
The World Needs More Lawyers
This study was originally authored for the Regulatory Transparency Project at The Federalist Society By Shoshana Weissmann, Daniel Greenberg, Luke Wake, Braden Boucek and Jonathan…
Constitutional Restoration: How to rebuild the separation of powers
Introduction A specter is haunting America—the specter of unlimited government. A central feature of our Constitution is that it restricts the federal government’s powers. These…
Blog
Political review of agency adjudication and recommendations for reform
Abstract Formal agency adjudication reserves the final decision-making authority to the political leadership of the agency. Many organizations and watchdogs have taken issue with how…
Some thoughts on Constitution Day
As I drove into work today, it occurred to me: we so often take for granted the extraordinary power that the automobile gives us. Once…
Proposed USDA rule disregards recent Supreme Court rulings
The first two of the four priorities the US Department of Agriculture (USDA) lists on the homepage of its website are tackling social justice,…
News
New bill would restore agency deference and weaken Congress’s authority
New legislation introduced today by Senator Elizabeth Warren (D-MA) would reverse the recent Supreme Court decision in Loper Bright and codify deference to federal…
Federal court declares federal ban on at-home distilling unconstitutional
Late last night, after months of litigation, a federal court in Texas decided the federal ban on at-home distillation of beverage spirits is unconstitutional. The…
Supreme Court decision clarifies statute of limitations around regulation
Today, the Supreme Court issued its decision in Corner Post v. Board of Governors of the Federal Reserve System, a case examining statutes of…
Op-Eds
The Daily Signal
The Overreaching Power of the Bureaucracy Is Destroying Our Representative Government
The United States is a republic with decision-making power held by elected legislators representing the people. Yet many of the biggest decisions affecting the lives…
Review-Journal
Yes, you do have the right to a jury trial
The Constitution says you have the right to a jury trial. At least in its in-house court, the Securities and Exchange Commission argued against that…
Capital Matters
Corner Post: Helping Hold the Administrative State to Account
Much attention has been paid to the Supreme Court’s recent overrule of the 40-year-old Chevron decision in Loper Bright Enterprises v. Raimondo. Chevron had facilitated the expansion…
Staff & Scholars
Daren Bakst
Director of the Center for Energy and Environment and Senior Fellow
- Energy and Environment
- Lands and Wildlife
- Property Rights
Dan Greenberg
General Counsel
- CEI Litigation
- Legal Studies
- Property Rights
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
David S. McFadden
Attorney
- Law and Litigation
- Legal Studies
Devin Watkins
Attorney
- CEI Litigation
- Government Transparency
- Legal Studies