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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…
Search Posts
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,…
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…
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 rules…
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 Watkins, an…
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 had…
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 Wayne…
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 Abruzzo’s appointment…
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 Sand.”…
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 rulemaking concerning…
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 Enterprise Institute…
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 attorneys…
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 tests.
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 and…
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 addition…
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 you…
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 Cuts…
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) regarding…
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 social…
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) 2027-2032…
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 innocence.
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 bypasses…
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 that…
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 bypasses…
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 and Jonathan…
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, how…
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 identify…
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 to…
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 government’s powers. These…
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 have appealed…
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 hear…
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 Supreme…
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 the…
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 the highest…
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 courts,…
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 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.
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 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…
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 forfeiture…
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 court…
