Legal Brief
CEI Issues Amicus Brief in American Clinical Laboratory Association v. Food and Drug Administration
INTEREST OF AMICUS CURIAE Competitive Enterprise Institute (“Amicus”) is a nonprofit organization headquartered in Washington, D.C., dedicated to promoting the principles of free markets and…
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CEI Issues Amicus Brief: Humphrey’s Executor
Humphreys Executor Amicus FinalDownload…
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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…
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CEI Issues Amicus Brief in Support of Petitioners in Molak vs. FCC
In Molak v. Federal Communications Commission, CEI argued that neither of the provisions of the Telecommunications Act relied upon by the Federal Communications Commission supported…
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Reason Et Al. Netchoice Amicus Brief
INTRODUCTION AND INTEREST OF AMICI CURIAE Social media companies, large or small, offer privately owned and mediated spaces for people to associate and exchange ideas…
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Brief of Amicus Curiae : SEC v. Jarkesy
In Securities and Exchange Commission v. Jarkesy, CEI attorneys argued that the SEC’s practices could not be reconciled with a proper understanding of the Seventh…
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Brief of Amicus Curiae : Loper Bright Enterprises v. Raimondo
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Moore v. United States Reply Brief
No. 22-800 In The Supreme Court of the United States CHARLES G. MOORE and KATHLEEN F. MOORE, Petitioners, v. United States of America, Respondent. On…
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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 a…
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CEI et al. Opening Brief in CEI v. EPA
CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28, petitioners American Fuel & Petrochemical Manufacturers, Clean Fuels Development Coalition, Competitive Enterprise …
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CEI Files Brief of Amici Curiae in Louisiana v. Department of Energy
In Louisiana v. Department of Energy, CEI attorneys argued that the Department of Energy’s rescission of a rule prescribing an energy conservation standard for a…
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Brief of Amicus Curiae in West Virginia v. EPA
INTEREST OF AMICUS CURIAE1 The Competitive Enterprise Institute (“CEI”) is a nonprofit 501(c)(3) organization incorporated and headquartered in Washington, D.C., dedicated to promoting the…
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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 Commission, et al., Brief of…
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Brief of Amicus Curiae – Supreme Court of Oklahoma: District Court Case No. CJ-2017-816
INTEREST OF AMICUS CURIAE The Competitive Enterprise Institute (“CEI”) is a non-profit public policy organization dedicated to advancing the principles of limited government, free enterprise,…
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Petition for Rulemaking to End the Commission’s Backdoor Regulation of 12b-1 Fees
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CEI Petition for Review SAFE Rule
Pursuant to the Energy Policy and Conservation Act, 49 U.S.C. § 32909, the Clean Air Act § 307(b)(1), 42 U.S.C. § 7607(b)(1), Section 702 of…
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Re: Request for Reconsideration: Appeal of NASA’s IQA Response of March 11, 2020
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Brief of Amicus Curiae Supporting Appellees/Cross-Appellants and Seeking Reversal in Part
Wielded against citizens and organizations—including public-interest advocacy organizations—strategic lawsuits against public participation (SLAPPs) “masquerade as ordinary lawsuits.” Hilton v. Hallmark Cards, 599 F.3d 894, 902…
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Brief of Amicus Curiae for the Cato Institute, Cause of Action Institute, and the Competitive Enterprise Institute in Support of Plaintiff-Appellant
View Full Document as PDF Federal district courts are generally presumed to have plenary jurisdiction when private citizens allege colorable claims that…
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CEI Submits Request for Correction Under the Information Quality Act
Information Quality Act Correction Request Regarding EPA’s 2009 GHG Endangerment Finding …
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Brief of Amicus Curiae of CEI in Support of the Petitioner in Uradnik v. Inter Faculty Organization, et al.
View Full Document as PDF In Janus v. AFSCME, this Court recognized the importance of this issue in its holding…
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Brief of Amicus Curiae of Competitive Enterprise Institute in Gundy v. US
SORNA delegates discretionary power to the Attorney General over the conduct of many private individuals. No factual determination is required of the Attorney General; instead,…
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Brief of Amicus Curiae of Competitive Enterprise Institute in South Dakota v. Wayfair
View Full Document as PDF Before overruling precedent, it is important to evaluate that precedent from a broader constitutional perspective. Precedents that…
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Brief of Amicus Curiae of CEI, Cato Institute, Reason Foundation et al. in Ulbricht v. United States
CEI and other organizations submitted a brief on warrentless seizure of IP address data.
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Brief of Amicus Curiae of Cato Institute, Competitive Enterprise Institute et al in CTIA v. Berkeley
View Full Document as PDF The Petition squarely presents an important and unsettled question of law that goes to the heart of…
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Brief of Amicus Curiae of CEI, Cato Institute et al. in United States v. Microsoft
View Full Document as PDF This Court can reach the right decision and do so the right way by giving careful legal…
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Brief of Amicus Curiae in Janus v American Federation of State, County, and Municipal Employees
View Full Document as PDF The injury identified by the plaintiffs in Abood v. Detroit Board of Education was that “a substantial…
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Brief of Amicus Curiae of CEI, Cato, Reason Foundation et al. in Berninger v. FCC
View Full Document as PDF This Court should grant certiorari because the court below incorrectly concluded that Section 706 of the Telecommunications…
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Brief of Amicus Curiae of CEI in Naruto v. Slater
View Full Document as PDF UPDATE: On April 23, 2018 the U.S. Court of Appeals for the Ninth Circuit…
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Brief of Amicus Curiae from States in Christie v. National Collegiate Athletic Association
View Full Brief as PDF Our system of dual sovereignty limits the degree of control that Congress can exercise over state regulation.
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Amicus Brief of Pacific Legal Foundation, CEI and the Cato Institute in Christopher Christie v. NCAA
View Full Document as PDF A federal statute compels New Jersey to continue prohibiting sports gambling, thus requiring the state to hold…
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Brief of Amici Curiae of CEI, Cato, and Reason Foundation in Carpenter v. U.S.
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Brief Of Amicus Curiae In Opposition IRS Summons in USA v. Coinbase
View full document as PDF The contract between Coinbase and its customers allocates property rights in personal information. That protects customers’ privacy…
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CEI Amicus Brief in Janus v. American Federation of State, County and Municipal Employees
View full document as PDF The injury identified by the plaintiffs in Abood v. Detroit Board of Education was that “a substantial…
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Brief of Amicus Curiae in Foster v. EOTech
View Full Document as PDF Like the target reticle superimposed in EOTech’s sights, the proposed settlement is a holographic illusion. Class counsel…
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Brief of Amici Curiae in PHH Corporation v. CFPB
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Affidavit of Jim Harper in support of a lawsuit challenging the New York Department of Financial Services’ “BitLicense” regulations.
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Amicus Curiae: Adams v. USAA
View Full Document as PDF Instead of protecting the interests of their clients, class counsel forum-shopped the case to a jurisdiction that was…
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Christie v. National Collegiate Athletic Association
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Amicus Brief: In Re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation
Full Document Available in PDF The Competitive Enterprise Institute’s Center for Class Action Fairness filed an amicus brief before the U.S. District Court…
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CEI Files Amicus Brief in Support of the Petitioners in Tennessee v. FCC.
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Amicus Brief Filed 100% Grated Parmesan Cheese Marketing and Sales Practices Litigation
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Amicus Brief Filed in Fox Television Stations, Inc. v Aereo Killer LLC
Document Available in PDF CEI and the International Center for Law and Economics filed an amicus brief urging the Ninth Circuit to…
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Amicus Brief Filed in Black Farmers Discrimination Litigation
Competitive Enterprise Institute’s Center for Class Action Fairness (CCAF) filed an amicus brief arguing unclaimed funds from the settlement in In re Black Farmers Discrimination Litigation should…
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Amicus Brief: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation
Full Document Available in PDF The Competitive Enterprise Institute’s Center for Class Action Fairness filed an amicus brief before the Judicial…
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Amicus Brief: PHH Corporation v. Consumer Financial Protection Bureau (CFPB)
Full Document Available in PDF The Competitive Enterprise Institute, the 60 Plus Association, and the State National Bank of Big Spring filed…
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CEI v. EPA
Full Document Available in PDF CEI is suing EPA over its failure yet again to properly respond to Freedom of Information Act…
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Amicus Brief Filed in Center for Competitive Politics v. Harris
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Amicus Brief Filed in NLRB Case Concerning Northwestern University Athlete Unionization
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Amicus Brief: United States Telecom Association v. FCC
Full Document Available in PDF A handful of telecom companies sued the Federal Communications Commission (FCC) over its Open Internet Order, also…
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State National Bank v. Lew
The D.C. Circuit Court handed down a favorable ruling in CEI’s case…
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CEI v. OMB
Full Document Available in PDF This lawsuit challenges the Office of Management and Budget’s contemptuous disregard for the Freedom of Information Act…
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CEI v. TSA
At issue in this case is TSA’s multi-year failure to complete its…
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CEI v. State Department – No.15-553
Today CEI filed a new lawsuit against the U.S. State Department for failing to produce documents requested under the Freedom of Information Act (FOIA) related to former Secretary…
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CEI v. EPA – No. 15-466
Today CEI filed a new FOIA lawsuit against the EPA—one lawsuit over two different FOIA requests.
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CEI v. EPA – No. 15-346
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CEI v. EPA – No. 15-215
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King v. Burwell
On March 4, the Supreme Court heard oral arguments in King v. Burwell, which challenges an IRS regulation imposed under the Affordable Care Act. …
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State National Bank v. Lew – U.S. Court of Appeals
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FOIA Request for Agency Records: EPA Officials’ Text Messages
Read the FOIA Request here Read the Response Letter here CEI filed the following Freedom of Information Act request…
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Halbig v. Burwell: Government En Banc Brief
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CEI v. OSTP
The Competitive Enterprise Institute (CEI) filed a lawsuit against the White House Office of Science and Technology Policy (OSTP), seeking documents related to that agency’s…
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King v. Burwell: Reply to Government Opposition to Cert Petition
View the Full Brief Here This brief responds to the arguments raised King v. Burwell by the government against the Supreme Court taking…
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EPA letter to National Archivist on Document Destruction
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Halbig v. Burwell: Supporting Amicus Brief of the States of Kansas and Nebraska
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Halbig v. Burwell: Supporting Amicus Brief of Seven Members of Congress
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Halbig v. Burwell: Supporting Amicus Brief of Jonathan Adler and Michael Cannon
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Halbig v. Burwell: Supporting Amicus Brief of the Pacific Research Institute and Cato Institute
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Halbig v. Burwell: Supporting Amicus Brief of the Galen Institute
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Halbig v. Burwell: Supporting Amicus Brief of Judicial Watch
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King v. Burwell – Government Opposition to Cert Petition
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Halbig v. Burwell: En Banc Appendix
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Halbig v. Burwell: Appellants’ En Banc Opening Brief
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National Review – Appellate Reply Brief
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Competitive Enterprise Institute, Appellate Reply Brief
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FOIA Request to CMS on Contract Issues
Read the Full Request Here…
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FOIA Request to CMS on Tax Credits
View the Full FOIA Request Here…
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CEI Files Lawsuit Over Obamacare Exchange Documents
This week the Competitive Enterprise Institute sued the Department of Health and Human Services (HHS) for failing to adequately respond to three Freedom of Information…
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King v. Burwell – Supporting Amicus Brief of Pacific Research Institute, et al.
View the Full Brief Here…
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King v. Burwell – Supporting Amicus Brief of Missouri Liberty Project et al.
Read the Full Brief Here…
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Supporting Amicus Brief of Senators Cornyn, et al.
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King v. Burwell – Supporting Amicus Brief of Oklahoma, et al.
Read the Full Brief Here…
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King v. Burwell – Supporting Amicus Brief of Citizens Counsel & Physicians
Read the Full Brief Here…
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CEI v. EPA – Order
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CEI v. EPA – Order and Opinion
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Halbig v. Burwell: D.C. Circuit Order Granting En Banc Reconsideration
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Opposing Appellate Brief
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Appellants’ Opposition to Government Petition for En Banc Reconsideration
Read Full Brief Here From the brief: "There is no doubt that this case is of great national importance. Not due…
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Amicus Brief of the District of Columbia in Support of CEI and National Review
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Amicus Brief of Alliance Defending Freedom
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Amicus Brief of Cato Institute et al.
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Amicus Brief of Online Publishers and Electronic Frontier Foundation, et al.
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Amicus Brief of Mark Steyn
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Amicus Brief of the Reporters Committee for the Freedom of the Press and 26 Other Organizations in Support of CEI and National Review
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DC Court of Appeals, Order Permitting and Expediting Appeal
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Mann, Opposition to Response to Show Cause Order
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CEI & National Review Response to Show Cause Order Regarding Appeal
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Appellants Letter to Supreme Court Clerk Regarding Extension of Time
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DC Court of Appeals, Scheduling Order
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