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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
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…