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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
Federal court declares federal ban on at-home distilling unconstitutional
Late last night, after months of litigation, a federal court in Texas decided the federal ban on at-home distillation of beverage spirits is unconstitutional. The…
Inside Sources
Yes, You Do Have the Right to a Jury Trial
The Constitution says you have the right to a jury trial. At least in its in-house court, the Securities and Exchange Commission argued against that…
News Release
Supreme Court decision clarifies statute of limitations around regulation
Today, the Supreme Court issued its decision in Corner Post v. Board of Governors of the Federal Reserve System, a case examining statutes of…
News Release
Supreme Court Ends Chevron Doctrine that Favored Regulatory Agencies in Court
The U.S. Supreme Court today overruled itself on a longstanding, controversial doctrine that gave regulatory agencies an unfair advantage in court – the so-called “Chevron…
News Release
Supreme Court curtails SEC administrative law court powers
The U.S. Supreme Court today ruled that a hedge fund manager accused of securities fraud is entitled to a jury trial because the Securities and…
Legal Brief
Amicus Curiæ Brief in Powell v. Securities and Exchange Commission
In Powell v. Securities and Exchange Commission, CEI attorneys urged the Ninth Circuit Court of Appeals to reverse the Securities and Exchange Commission’s refusal to…
