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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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The Kansas City Star
The Right Finally Got the Supreme Court it Used to Want — But That’s Changed Now
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…
News Release
Supreme Court Ruling in California Donor Disclosure Case Protects Right of Association
The U.S. Supreme Court today ruled against California’s law requiring charitable organizations to disclose the identities of their major donors to the attorney general’s office.
NPR
The Supreme Court Throws Out a State Law Requiring Nonprofits to Name Rich Donors
NPR cites attorney Devin Watkins on the Supreme Court’s ruling against California’s law requiring charitable organizations to disclose the identities of their major donors to…
National Review
Missouri Defies the Feds on Gun Control
“Let the good of the people be the supreme law,” reads Missouri’s state motto. Sounds nice, but under the U.S. Constitution’s supremacy clause, it’s federal…
News Release
Supreme Court Ruling in Fannie/Freddie Case – Helpful on Questions of Presidential Removal Powers, Unhelpful to Shareholders
Today, the Supreme Court ruled on a much-anticipated case related to the federal government policy of seizing the net profits for government-sponsored entities Fannie Mae…
Blog
Supreme Court Requires Involvement of Principal Officers Before Final Decisions
Today, the Supreme Court issued a decision in United States v. Arthrex that has massive implications for the limits on the administrative state. It…
