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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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Letters
CEI Joins Coalition Letter Against Court Packing
In recent years, the legitimacy of the Supreme Court as an impartial institution and non-political branch under our Constitution—exercising “neither force nor will but merely…
News Release
Supreme Court decisions on administrative law hand Congress opportunity for key reforms
Near the end of its 2024 term, the Supreme Court issued several decisions that create fundamental changes in the way federal regulatory agencies and Cabinet…
Study
The Supreme Court’s New New Deal
In the final weeks of its 2024 term, the Supreme Court of the United States issued several opinions that transform the nation’s regulatory climate. The…
News Release
New bill would restore agency deference and weaken Congress’s authority
New legislation introduced today by Senator Elizabeth Warren (D-MA) would reverse the recent Supreme Court decision in Loper Bright and codify deference to federal…
Capital Matters
Corner Post: Helping Hold the Administrative State to Account
Much attention has been paid to the Supreme Court’s recent overrule of the 40-year-old Chevron decision in Loper Bright Enterprises v. Raimondo. Chevron had facilitated the expansion…
Fox News
Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
Fox News cites CEI’s Devin Watkins and Dan Greenberg on Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau et al: Devin Watkins,…