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Fair notice and the nondelegation doctrine: A due process lens
Debates over the nondelegation doctrine usually begin with constitutional structure. Article I vests “[a]ll legislative Powers” in Congress, so when Congress gives agencies sweeping discretion…
Blog
The major questions doctrine at a crossroads
In Learning Resources v. Trump, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize President Trump’s tariffs. This…
Bloomberg Law
Trump’s Plan to Control More Civil Servants Disrupts Opposition
Bloomberg Law cites CEI’s Devin Watkins on Trump’s civil service overhaul. Trump’s civil service overhaul could still be challenged in court once the OPM finalizes…
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Blog
Fair notice and the nondelegation doctrine: A due process lens
Debates over the nondelegation doctrine usually begin with constitutional structure. Article I vests “[a]ll legislative Powers” in Congress, so when Congress gives agencies sweeping discretion…
Litigation
American Public Health Association v. Environmental Protection Agency
Energy producers urge courts to affirm the repeal of the EPA’s 2009 greenhouse gas endangerment finding Case Stake(s): Restoring constitutional limits on agency power is…
Blog
The major questions doctrine at a crossroads
In Learning Resources v. Trump, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize President Trump’s tariffs. This…
Bloomberg Law
Trump’s Plan to Control More Civil Servants Disrupts Opposition
Bloomberg Law cites CEI’s Devin Watkins on Trump’s civil service overhaul. Trump’s civil service overhaul could still be challenged in court once the OPM finalizes…
Blog
Presidential discretion allowed by the Impoundment Control Act
The Competitive Enterprise Institute (CEI) publishing my paper this week about the possible constitutional arguments against the Impoundment Control Act of 1974. This…
The Daily Economy
Federal Agencies Stack Their Courts Against You
Winning a case against the federal government is difficult. Most federal agencies are well represented by an army of skilled attorneys. The Department of Justice…
