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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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News Release
Supreme Court Strikes Down CDC Eviction Moratorium, Upholds Rule of Law
The U.S. Supreme Court on Thursday struck down the nationwide eviction moratorium imposed by the Centers for Disease Control, which was ostensibly aimed at…
News Release
CDC Eviction Moratorium Back In Court After Biden Defies Supreme Court Ruling
On the heels of the CDC extending its eviction moratorium at the behest of the Biden administration, a group of realtor plaintiffs have asked the…
Blog
CDC’s Eviction Moratorium Extension Another Example of Ends-Justify-the-Means Policy
The Constitution requires all of Congress and the president to swear to uphold the Constitution. Yet, too often today, public officials of both parties ignore…
News Release
Everyone Loses in CDC Eviction Ban
In the wake of court rulings against the Centers for Disease Control nationwide eviction ban, the White House today called on Congress to pass an…
News Release
DC Superior Court Rules in Favor of CEI in Michael Mann Lawsuit
Today the Superior Court of the District of Columbia issued a decision granting CEI’s motion for summary judgment in a defamation lawsuit brought by climate…
The Daily Press
Moderate Decisions Could Prompt GOP to Rethink Court Nominations
Justice Amy Barrett’s confirmation to the Supreme Court would spell doom for the Affordable Care Act, Roe v. Wade, and the 2015 Obergefell ruling on…
