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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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National Review
Unite and Get Ready to Fight
The Wall Street Journal recently ran one of those opinion pieces you know you’ll remember years later. In “The Impossible Insurrection of January…
Blog
The “Public Nuisance” Theory of Pharmaceutical Liability for the Opioids Crisis Is … a Public Nuisance
The jury in a federal court in Ohio has found three major pharmacy chains—CVS, Walmart, and Walgreens—liable for the opioids crisis in two plaintiff…
The Washington Examiner
The death of democracy
Repost: Michael Pack’s piece at the Washington Examiner, as part of their Restoring America Project I have witnessed the death…
National Review
Ending the Epidemic of Public-Nuisance Litigation
The opioid crisis has spawned a rash of litigation, with thousands of pending state and federal cases threatening to penalize legitimate prescription…
News Release
Court Blocks Enforcement of Biden/OSHA Vaccine Mandate Citing Serious Flaws
Statement by Devin Watkins, CEI attorney: “The Fifth Circuit’s decision to temporarily block enforcement of the OSHA vaccine mandate on Saturday is a win…
National Review
A Preemptive Attack on the Supreme Court
America’s progressives have spent most of the past year wailing about people who undermine faith in democratic institutions. “Misinformation” that casts doubt on the election of…