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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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Presidential discretion allowed by the Impoundment Control Act
The Competitive Enterprise Institute (CEI) publishing my paper this week about the possible constitutional arguments against the Impoundment Control Act of 1974. This…
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Time to rip the veil of secrecy off government agencies’ in-house courts
In a previous piece, we explored some of the pros and cons of administrative law courts (ALCs). These are regulatory agencies’ special in-house courts,…
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New Jersey fishermen challenge Chevron deference
Big news out of the Supreme Court this week as justices have agreed to hear a lawsuit challenging the so-called Chevron doctrine, a policy requiring…
News Release
Report: Civil Forfeiture Policy Unjustly Deprives People of Property
An updated Competitive Enterprise Institute report calls attention to five myths used to justify the unjust law enforcement practice known as civil asset forfeiture.
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Five Myths of Civil Forfeiture
Executive Summary Every year, federal, state, and local government agents take—and permanently keep—billions of dollars of Americans’ property through civil forfeiture. The practice of civil…
News Release
Supreme Court Ruling Ensures People Can Challenge Agency Authority in Court
The Supreme Court ruled today that regulatory agency tribunals do not have any special expertise in deciding constitutional law questions; therefore, district courts can hear…
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Legislation Introduced to Curb Federal Forfeiture
Earlier this month, Congressman Tim Walberg (R-MI) reintroduced the Fifth Amendment Restoration Act (FAIR) Act. This measure is aimed at curbing federal forfeiture…
