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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…
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.
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…
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Blog
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…
Litigation
American Public Health Association v. Environmental Protection Agency
Energy producers urge courts to affirm the repeal of the EPA’s 2009 greenhouse gas endangerment finding Case Stake(s): Restoring constitutional limits on agency power…
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.
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…
Blog
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.
The Daily Economy
Federal Agencies Stack Their Courts Against You
Winning a case against the federal government is difficult. Most federal agencies are well represented by an army of skilled attorneys. The Department of…
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…
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…
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.
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…
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…
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:…
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.
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…
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…
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…
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…
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…
Fox News
VIDEO: Fox News Cites Dan Greenberg on Appliance Regulations
Fox News cites CEI General Counsel Dan Greenberg on a lawsuit against Biden’s Department of Energy…
News Release
CEI attorneys sue Department of Energy for illegally regulating water limits in home appliances
Attorneys from the Competitive Enterprise Institute (CEI) sued the Department of Energy today on behalf of consumers, arguing that several recent DOE…
Bloomberg Law
NRA Ruling Eyed for Clues in Supreme Court Social Media Case
CEI’s Devin Watkins was cited in a Bloomberg Law article on the likely legal justification of an incoming Supreme Court ruling: Devin…
News Release
Supreme Court unanimous on free speech in NRA case ruling
The Supreme Court today unanimously ruled in favor of free speech rights in NRA v. Vullo, a case in which the Competitive Enterprise Institute…
News Release
SCOTUS Hears Troubling Jawboning Cases Involving Big Tech and Government
Today, the Supreme Court heard argument concerning jawboning – government pressuring private entities like social media companies to suppress politically disfavored speech. CEI expert…
Blog
ACLU said NLRB’s general counsel Abruzzo ‘lacks authority’
Here’s some news that slipped through the cracks last year: The American Civil Liberties Union (ACLU) challenged the legitimacy of Jennifer…
Blog
Charlotte-area police departments are rolling in forfeiture funds
I’ve always loved William Blake’s poem “Auguries of Innocence,” which begins by asking the reader “To see a World in a Grain of…
Comment
Comment on FTC Unfair or Deceptive Fees
Dear Commissioners, On behalf of the Competitive Enterprise Institute, I respectfully submit the following comments in response to the Federal Trade Commission’s proposed…
The National Law Review
Three Legal Takeaways from Fifth Circuit Decision Scrubbing Away DOE Rules on Appliance Efficiency
CEI’s 2018 petition was cited on The National Law Review about a Fifth Circuit Decision on appliance efficiency: In 2018, the Competitive…
News Release
Supreme Court hears challenge to regulator deference: CEI analysis
Today the U.S. Supreme Court heard oral argument in a case that could upend deference judges give to regulators over citizens. Competitive Enterprise Institute…
Blog
FDA power grab would hurt labs, patients, rule of law
The Food and Drug Administration has proposed to amend one of its rules for the purpose of unlawfully expanding its jurisdiction over diagnostic…
Blog
Should government-favored non-profits have their own shadow courts?
Imagine being sued by a private nonprofit that is sanctioned by a federal agency to enforce securities laws. The nonprofit appoints its own judges…
News Release
Administrative Law Courts Are Unfair and Need Reform
A new Competitive Enterprise Institute report delves into a court system that most people are unaware exists – administrative law courts, or ALCs. In…
Study
Conflict of Justice
Introduction Imagine that a federal agency has charged you with violating a law or regulation, and you have to defend yourself in court. But…
News Release
Supreme Court hears challenge to a provision of 2017 law that taxes unrealized income
Today the U.S. Supreme Court heard arguments on behalf of Charles and Kathleen Moore, taxpayers who are challenging a provision of the 2017 Tax…
Blog
Labor Department would ignore law to change overtime rules
I submitted a comment on behalf of the Competitive Enterprise Institute to the Wage and Hour Division of the Department of Labor (DOL)…
News Release
CEI welcomes Supreme Court review of censorship ‘jawboning’ case
Competitive Enterprise Institute Attorney Devin Watkins praised the U.S. Supreme Court for agreeing to hear a lawsuit challenging government “jawboning,” pressuring private entities like…
Blog
Cease and desist, CEI urges National Highway Traffic Safety Administration
I submitted comments on behalf of CEI to the National Highway Traffic Safety Administration (NHTSA) Monday on its proposed model year (MY)…
Blog
A Jury Trial Must Precede Fines and Occupational Banishment
Imagine that the government has accused you of wrongdoing that you didn’t commit. You would expect a jury of your peers to recognize your…
News Release
Supreme Court hears case against CFPB, including unusual claim concerning government powers: CEI analysis
Today, the Supreme Court heard oral argument in CFPB v. CFSA, in which the Court will decide if the CFPB’s funding structure, which…
Blog
The way the Consumer Financial Protection Bureau is funded is unconstitutional
Today the Supreme Court hears oral arguments in the case CFPB v. Community Financial Services Association. The appellee correctly complains…
News Release
A Supreme Court ruling against CFPB would benefit consumers: CEI analysis
Today, the Supreme Court will hear oral arguments in CFPB v. CFSA, in which the Court will decide if the CFPB’s funding structure, which…
Study
The World Needs More Lawyers
This study was originally authored for the Regulatory Transparency Project at The Federalist Society By Shoshana Weissmann, Daniel Greenberg, Luke Wake, Braden Boucek…
Blog
Free the Economy podcast: Supreme Court preview with Ashley Baker
In this week’s episode we talk about the long history of the Lewis Powell memo of 1971, innovation in textile recycling,…
Blog
EEOC finds something to do!
Rep. Ann Wagner (R-MO) introduced a sensible bill in Dec. 2022 providing that before issuing a regulation, the Securities and Exchange Commission must “clearly…
News Release
New CEI report proposes bold reforms to restore Constitution’s constraints on government power
A new Competitive Enterprise Institute report proposes significant reforms aimed at restoring the U.S. Constitution’s separation and balance of powers that are vital…
Study
Constitutional Restoration: How to rebuild the separation of powers
Introduction A specter is haunting America—the specter of unlimited government. A central feature of our Constitution is that it restricts the federal…
Wall Street Journal
Is a U.S. Wealth Tax Constitutional?
The Wall Street Journal encourages the Supreme Court to grant cert in CEI’s Moore v. US case: The Moores…
Blog
Activist securities regulators should worry as Supreme Court revisits Chevron doctrine
The U.S. Supreme Court recently issued a major announcement that may impose significant changes to agency statutory interpretation. The Court has agreed to…
Blog
Moore good news? CEI responds to government in landmark tax case
Earlier today, the Competitive Enterprise Institute filed a reply brief in the Moores’ case. A few weeks ago, the government argued that the…
Blog
Free the Economy podcast: Transparency for government, privacy for people with Brian Hawkins
In this week’s episode we talk discuss Tim Carney’s view on why big government is good for big business, Stone Washington on…
Blog
A remembrance: C. Boyden Gray, 1943-2023
We mourn the passing of C. Boyden Gray. He was a man of his family, the law, and his country. Boyden served in…
Blog
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…
Blog
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…
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…
Study
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…
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…
Blog
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…
Blog
What Are Administrative Law Courts? Why Do They Matter?
The judicial branch is presumably an independent branch of government, alongside the legislative and executive branches. But many regulatory agencies have their own in-house…
News Release
Washington Couple Challenging Federal Shareholder Tax Petition Supreme Court to Take Up Their Case
Kathleen and Charles Moore, a Washington state couple challenging a 2017 tax on their shares in a foreign company, petitioned the Supreme Court…
Blog
Kathleen and Charles Moore Prepare to take their Fight Against Taxing Unrealized Gains to Supreme Court
In 2017, Congress passed the Tax Cuts and Jobs Act. The new law was a reform of the federal tax code, but also included…
Testimony
Written testimony on amendment to HB 593 (forfeiture reform)
In the statement below, I discuss several ways that the proposed amendment to HB 593 will improve New Hampshire’s justice system. The House Committee…
News Release
New Video: Kathleen and Charles Moore on Why the Supreme Court Should Hear their Challenge to Tax on Unrealized Gains
“If you haven’t received any income, how can you be required to pay income taxes?” The question, asked by Charles Moore in a…
Study
Memoirs of a Prosecutor
Foreword Viewers who have seen the classic TV detective show Dragnet will recall the lines that introduced each episode: “The story you are about…
News Release
CEI Seeks Court Order on National Climate Task Force Records
The Competitive Enterprise Institute (CEI) sought a court order to preserve relevant documents and other materials from the White House’s National Climate…
Citation
Radio: Dan Greenberg Joins Eric Boehm
CEI General Counsel Dan Greenberg joins Eric Boehm at American Radio Journal to discuss Tyler v. Hennepin County.
Inside Sources
Don’t Believe the Government’s Talking Points about Civil Asset Forfeiture
Every year, federal, state and local government agents take — and permanently keep — billions of dollars of Americans’ property through a practice known…
News Release
Court Rules VA Attorney General Must Turn Over Emails Related to “Law Enforcement for Rent” Scheme
A Circuit Court in Richmond, VA on Tuesday ordered the Office of the Attorney General (OAG) of Virginia to conduct a proper search…
News Release
Report: Government Seizes Billions in Private Property, but Citizens Have Little Recourse
Every year, federal, state, and local government agents take and permanently keep, collectively, billions of dollars of Americans’ property through a practice called civil…
Study
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…
Legal Brief
Brief of Amicus Curiae – Case No. 22-60008
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case No. 22-60008 Consumers’ Research, et al., v. Federal Communications…
News Release
Judge Rejects CDC’s Unfounded Mask Mandate for Travel
U.S. District Court Judge Mizelle today vacated the Centers for Disease Control (CDC) mask mandate for public transit, such as airports, train stations,…
E&E News
Inside a Legal Doctrine that Could Derail Biden Climate Regs
E&E News cites CEI Attorney Devin Watkins on the EPA’s new legislation outlining vehicle emissions standards: As in the Supreme…
Business Insider
Biden’s Billionaire Tax Would Work a Lot Like the Withholding You See on Your Paycheck
Business Insider cites CEI President Kent Lassman on Biden’s proposed “billionaire tax” in the release budget for fiscal year 2023: “What’s…
Reuters
Ethanol Producers, 16 States Challenge EPA U.S. Vehicle Rules
Reuters cites CEI’s court petition challenging the new EPA vehicle emissions rule: The Competitive Enterprise Institute and Domestic Energy Producers Alliance…
E&E News
Supreme Court Seems Ready to Limit EPA Power Plant Oversight
E&E News cites Senior Fellow Marlo Lewis, Jr. on the new EPA regulatory power: Marlo Lewis, a senior fellow at the…
E&E News
The Case that Could Change Climate Regulation as We Know It
E&E News cites Senior Fellow Mario Loyola on how Congress needs to use specific language when creating regulatory powers: But Mario…
City Journal
An Affirmative Action Endgame?
The Supreme Court has agreed to hear two cases challenging racial preferences in university admissions. It’s an important move that could pave the way…
News Release
Constitutional Challenge to Trump Tax Repatriation Law to be Argued Tomorrow in Ninth Circuit
On Friday, January 14, the U.S. Ninth Circuit Court of Appeals will hear a constitutional challenge to a provision in the 2017 federal tax…
Blog
This Week’s Outrage (which Touches on Civil Asset Forfeiture)
Last month, The New York Times reported on the way that law enforcement officers take money from the rest of us. I’ve been…
National Review
Unite and Get Ready to Fight
The Wall Street Journal recently ran one of those opinion pieces you know you’ll remember years later. In “The Impossible Insurrection of…
Blog
The “Public Nuisance” Theory of Pharmaceutical Liability for the Opioids Crisis Is … a Public Nuisance
The jury in a federal court in Ohio has found three major pharmacy chains—CVS, Walmart, and Walgreens—liable for the opioids crisis in two…
The Washington Examiner
The death of democracy
Repost: Michael Pack’s piece at the Washington Examiner, as part of their Restoring America Project I have witnessed…
National Review
Ending the Epidemic of Public-Nuisance Litigation
The opioid crisis has spawned a rash of litigation, with thousands of pending state and federal cases threatening to penalize legitimate…
News Release
Court Blocks Enforcement of Biden/OSHA Vaccine Mandate Citing Serious Flaws
Statement by Devin Watkins, CEI attorney: “The Fifth Circuit’s decision to temporarily block enforcement of the OSHA vaccine mandate on Saturday is…
National Review
A Preemptive Attack on the Supreme Court
America’s progressives have spent most of the past year wailing about people who undermine faith in democratic institutions. “Misinformation” that casts doubt on the election…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.
News Release
Supreme Court Ruling Could Impact Who Wields Government Regulatory Powers
The Supreme Court today ruled in United States v. Arthrex, Inc. that Administrative Patent Judges, in order to exercise unreviewable executive power, must be…
Letters
CEI Joins TPA Led Coalition Calling for IRS Investigation
Dear Senator, On behalf of the undersigned organizations, representing taxpayers, consumers, and free market advocates across the nation, we write to urge you…
The Washington Times
Appeals Court Upholds Federal Eviction Moratorium
The Washington Times cites attorney Devin Watkins on an eviction moratorium issued by the CDC: Devin Watkins, an attorney with the…
News Release
Supreme Court Should Decide on CDC Eviction Ban
Today a federal appeals court denied a request by landlords to resume evictions, leaving in place a temporary, nationwide eviction moratorium imposed by the…
