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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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Reuters
Ethanol Producers, 16 States Challenge EPA U.S. Vehicle Rules
Reuters cites CEI’s court petition challenging the new EPA vehicle emissions rule: The Competitive Enterprise Institute and Domestic Energy Producers Alliance also…
E&E News
Supreme Court Seems Ready to Limit EPA Power Plant Oversight
E&E News cites Senior Fellow Marlo Lewis, Jr. on the new EPA regulatory power: Marlo Lewis, a senior fellow at the Competitive…
E&E News
The Case that Could Change Climate Regulation as We Know It
E&E News cites Senior Fellow Mario Loyola on how Congress needs to use specific language when creating regulatory powers: But Mario Loyola,…
City Journal
An Affirmative Action Endgame?
The Supreme Court has agreed to hear two cases challenging racial preferences in university admissions. It’s an important move that could pave the way toward…
News Release
Constitutional Challenge to Trump Tax Repatriation Law to be Argued Tomorrow in Ninth Circuit
On Friday, January 14, the U.S. Ninth Circuit Court of Appeals will hear a constitutional challenge to a provision in the 2017 federal tax reform…
Blog
This Week’s Outrage (which Touches on Civil Asset Forfeiture)
Last month, The New York Times reported on the way that law enforcement officers take money from the rest of us. I’ve been alternately…
