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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…
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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News Release
Supreme Court Ruling Ensures People Can Challenge Agency Authority in Court
The Supreme Court ruled today that regulatory agency tribunals do not have any special expertise in deciding constitutional law questions; therefore, district courts can hear…
Blog
Legislation Introduced to Curb Federal Forfeiture
Earlier this month, Congressman Tim Walberg (R-MI) reintroduced the Fifth Amendment Restoration Act (FAIR) Act. This measure is aimed at curbing federal forfeiture…
Blog
What Are Administrative Law Courts? Why Do They Matter?
The judicial branch is presumably an independent branch of government, alongside the legislative and executive branches. But many regulatory agencies have their own in-house court…
News Release
Washington Couple Challenging Federal Shareholder Tax Petition Supreme Court to Take Up Their Case
Kathleen and Charles Moore, a Washington state couple challenging a 2017 tax on their shares in a foreign company, petitioned the Supreme Court today…
Blog
Kathleen and Charles Moore Prepare to take their Fight Against Taxing Unrealized Gains to Supreme Court
In 2017, Congress passed the Tax Cuts and Jobs Act. The new law was a reform of the federal tax code, but also included a…
Testimony
Written testimony on amendment to HB 593 (forfeiture reform)
In the statement below, I discuss several ways that the proposed amendment to HB 593 will improve New Hampshire’s justice system. The House Committee on…
