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Legal Briefs

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Issue Areas

Legal Brief

Amicus Curiae Submission on the SEC’s No-Admit, No Deny Rule

  • By: Marin Murdock, Ondray T. Harris
  • 04/20/2026

Congress imposed a presumption of disclosure on the government. The SEC has inverted that frameworkby imposing a presumption of silence on private citizens. Since…

Law and Litigation

Legal Brief

Amicus Curiae Submission on Consumer Choice and Energy Regulation

  • By: Marin Murdock, Ondray T. Harris, Soriya Chhe
  • 02/20/2026

The Competitive Enterprise Institute requests that the Court grant certiorari and reverse the D.C. Circuit’s decision upholding the Department of Energy’s energy efficiency standards.

Legal Brief

Brief of Amicus Curiae: In Support of Inclusion of Fixed ACS Costs as Incremental Costs under Regulation II

  • By: Soriya Chhe
  • 01/07/2026

The Competitive Enterprise Institute requests that the court reverse the district court’s ruling that fixed ACS costs are not considered incremental costs under the…

Law and Litigation

Legal Brief

Brief of Amici Curiae: Pung v. Isabella

  • By: Soriya Chhe
  • 12/08/2025

In Pung v. Isabella County: CEI attorneys urged the U.S. Supreme Court to stop tax-foreclosure practices that strip homeowners of their equity, because they…

Business and Government

Legal Brief

CEI’s new brief to the U.S. Supreme Court: INTEREST OF AMICUS CURIAE

  • By: Devin Watkins
  • 02/18/2025

INTEREST OF AMICUS CURIAE The Competitive Enterprise Institute (“CEI”) is a nonprofit 501(c)(3) organization incorporated and headquartered in Washington, D.C., dedicated to promoting…

Legal Brief

UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION

  • By: Devin Watkins
  • 12/19/2024

PLAINTIFFS’ MOTION TO ALTER ORAMEND THE JUDGMENT UNDER F.R.C.P 59(E) Plaintiffs respectfully move under Federal Rule of Civil Procedure 59(e) forthis Court…

Business and Government

Legal Brief

UNITED STATES COURT OF APPEALS FOR THE FIFTH CERCUIT

  • By: Devin Watkins
  • 12/19/2024

Plaintiffs- APPELLEES’/CROSS-APPELLANTS’PRINCIPAL AND RESPONSE Brief Certificate of Interested Persons Counsel certifies that the following listed persons and entities as described…

Law and Litigation

Legal Brief

In the United States Court of Appeals for the Fifth Circuit

  • By: Devin Watkins
  • 12/19/2024

MOTION OF COMPETITIVE ENTERPRISE INSTITUTEFOR LEAVE TO FILE AN AMICUS CURIAE BRIEFIN Opposition to Defendants-Appellants’Emergency Motion For Stay Pending Appeal CERTIFICATE…

Deregulation

Legal Brief

Brief of Amici Curiae in Seven County Infrastructure Coalition v. Eagle County, Colorado

  • By: Devin Watkins
  • 11/04/2024

Summary of the argument This case is not about what constitutes sound energy, infrastructure, environmental, or social policy. The question presented…

Business and Government

Legal Brief

CEI Issues Amicus Brief in American Clinical Laboratory Association v. Food and Drug Administration

  • 10/07/2024

INTEREST OF AMICUS CURIAE Competitive Enterprise Institute (“Amicus”) is a nonprofit organization headquartered in Washington, D.C., dedicated to promoting the principles of free…

CEI Litigation

Legal Brief

CEI Issues Amicus Brief: Humphrey’s Executor

  • By: Devin Watkins
  • 07/17/2024

Humphreys Executor Amicus FinalDownload…

CEI Litigation

Legal Brief

Amicus Curiæ Brief in Powell v. Securities and Exchange Commission

  • 06/24/2024

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…

Law and Litigation

Legal Brief

CEI Issues Amicus Brief in Support of Petitioners in Molak vs. FCC

  • By: David S. McFadden
  • 04/10/2024

In Molak v. Federal Communications Commission, CEI argued that neither of the provisions of the Telecommunications Act relied upon by the Federal Communications Commission…

Law and Litigation

Legal Brief

Reason Et Al. Netchoice Amicus Brief

  • 12/07/2023

INTRODUCTION AND INTEREST OF AMICI CURIAE Social media companies, large or small, offer privately owned and mediated spaces for people to associate and…

Tech and Telecom

Legal Brief

Brief of Amicus Curiae : SEC v. Jarkesy

  • 10/17/2023

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…

Law and Litigation

Legal Brief

Brief of Amicus Curiae : Loper Bright Enterprises v. Raimondo

  • By: Devin Watkins
  • 07/24/2023

In Loper Bright Enterprises v. Raimondo, CEI attorneys urged the U.S. Supreme Court to overrule Chevron because it conflicts with the Administrative Procedure Act,…

Legal Brief

Moore v. United States Reply Brief

  • 05/30/2023

No. 22-800 In The Supreme Court of the United States CHARLES G. MOORE and KATHLEEN F. MOORE, Petitioners, v.

Law and Litigation

Legal Brief

Kathleen and Charles Moore Prepare to take their Fight Against Taxing Unrealized Gains to Supreme Court

  • 02/09/2023

In 2017, Congress passed the Tax Cuts and Jobs Act. The new law was a reform of the federal tax code, but also included…

Law and Litigation

Legal Brief

CEI et al. Opening Brief in CEI v. EPA

  • By: Devin Watkins
  • 11/03/2022

CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES  Pursuant to Circuit Rule 28, petitioners American Fuel & Petrochemical  Manufacturers, Clean Fuels Development Coalition, Competitive…

Energy

Legal Brief

CEI Files Brief of Amici Curiae in Louisiana v. Department of Energy

  • By: Dan Greenberg, Devin Watkins, Sam Kazman
  • 07/11/2022

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…

Deregulation

Legal Brief

Brief of Amicus Curiae in West Virginia v. EPA

  • By: Sam Kazman
  • 06/30/2022

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…

Law and Litigation

Legal Brief

Brief of Amicus Curiae – Case No. 22-60008

  • By: Sam Kazman
  • 04/18/2022

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case No. 22-60008 Consumers’ Research, et al.,   v. Federal Communications…

Legal Studies

Legal Brief

Brief of Amicus Curiae – Supreme Court of Oklahoma: District Court Case No. CJ-2017-816

  • By: Mario Loyola
  • 10/22/2020

INTEREST OF AMICUS CURIAE The Competitive Enterprise Institute (“CEI”) is a non-profit public policy organization dedicated to advancing the principles of limited government,…

Health and Safety

Legal Brief

Petition for Rulemaking to End the Commission’s Backdoor Regulation of 12b-1 Fees

  • By: John Berlau, Sam Kazman
  • 04/30/2020

This petition is about the Securities and Exchange Commission’s thirty-year effort to effectively outlaw Rule 12b-1 fees, and the concerted campaign of subregulatory sabotage upon…

Legal Brief

CEI Petition for Review SAFE Rule

  • 04/29/2020

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…

Energy and Environment

Legal Brief

Re: Request for Reconsideration: Appeal of NASA’s IQA Response of March 11, 2020

  • 04/14/2020

The Competitive Enterprise Institute (CEI) hereby requests reconsideration under the Information Quality Act (IQA) of the decision of Renee P. Wynn, Chief Information Officer on…

Legal Brief

Brief of Amicus Curiae Supporting Appellees/Cross-Appellants and Seeking Reversal in Part

  • 03/19/2020

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…

Law and Litigation

Legal Brief

Brief of Amicus Curiae for the Cato Institute, Cause of Action Institute, and the Competitive Enterprise Institute in Support of Plaintiff-Appellant

  • 06/18/2019

View Full Document as PDF Federal district courts are generally presumed to have plenary jurisdiction when private citizens allege colorable claims that…

Law and Litigation

Legal Brief

CEI Submits Request for Correction Under the Information Quality Act

  • By: Devin Watkins
  • 05/13/2019

Information Quality Act Correction Request Regarding EPA’s 2009 GHG Endangerment Finding  …

CEI Litigation

Legal Brief

Brief of Amicus Curiae of CEI in Support of the Petitioner in Uradnik v. Inter Faculty Organization, et al.

  • By: Devin Watkins, Sam Kazman
  • 01/04/2019

View Full Document as PDF In Janus v. AFSCME, this Court recognized the importance of this issue in its holding…

CEI Litigation

Legal Brief

Brief of Amicus Curiae of Competitive Enterprise Institute in Gundy v. US

  • 06/01/2018

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,…

Law and Litigation

Legal Brief

Brief of Amicus Curiae of Competitive Enterprise Institute in South Dakota v. Wayfair

  • 04/04/2018

View Full Document as PDF Before overruling precedent, it is important to evaluate that precedent from a broader constitutional perspective. Precedents that…

Law and Litigation

Legal Brief

Brief of Amicus Curiae of CEI, Cato Institute, Reason Foundation et al. in Ulbricht v. United States

  • 02/05/2018

CEI and other organizations submitted a brief on warrentless seizure of IP address data.

Tech and Telecom

Legal Brief

Brief of Amicus Curiae of Cato Institute, Competitive Enterprise Institute et al in CTIA v. Berkeley

  • 01/30/2018

View Full Document as PDF The Petition squarely presents an important and unsettled question of law that goes to the heart of…

Law and Litigation

Legal Brief

Brief of Amicus Curiae of CEI, Cato Institute et al. in United States v. Microsoft

  • 01/18/2018

View Full Document as PDF This Court can reach the right decision and do so the right way by giving careful legal…

Law and Litigation

Legal Brief

Brief of Amicus Curiae in Janus v American Federation of State, County, and Municipal Employees

  • 12/06/2017

View Full Document as PDF The injury identified by the plaintiffs in Abood v. Detroit Board of Education was that “a substantial…

Law and Litigation

Legal Brief

Brief of Amicus Curiae of CEI, Cato, Reason Foundation et al. in Berninger v. FCC

  • 11/02/2017

View Full Document as PDF This Court should grant certiorari because the court below incorrectly concluded that Section 706 of the Telecommunications…

Law and Litigation

Legal Brief

Brief of Amicus Curiae of CEI in Naruto v. Slater

  • 09/13/2017

View Full Document as PDF UPDATE: On April 23, 2018 the U.S. Court of Appeals for the Ninth Circuit…

CEI Litigation

Legal Brief

Brief of Amicus Curiae from States in Christie v. National Collegiate Athletic Association

  • 09/06/2017

View Full Brief as PDF Our system of dual sovereignty limits the degree of control that Congress can exercise over state regulation.

CEI Litigation

Legal Brief

Amicus Brief of Pacific Legal Foundation, CEI and the Cato Institute in Christopher Christie v. NCAA

  • 08/31/2017

View Full Document as PDF A federal statute compels New Jersey to continue prohibiting sports gambling, thus requiring the state to hold…

Consumer Freedom

Legal Brief

Brief of Amici Curiae of CEI, Cato, and Reason Foundation in Carpenter v. U.S.

  • 08/14/2017

View Full Document as PDF For nearly 40 years,[1] this Court and courts below have struggled with using a…

Legal Brief

Brief Of Amicus Curiae In Opposition IRS Summons in USA v. Coinbase

  • 08/03/2017

View full document as PDF The contract between Coinbase and its customers allocates property rights in personal information. That protects customers’ privacy…

Banking and Finance

Legal Brief

CEI Amicus Brief in Janus v. American Federation of State, County and Municipal Employees

  • 07/10/2017

View full document as PDF The injury identified by the plaintiffs in Abood v. Detroit Board of Education was that “a substantial…

CEI Litigation

Legal Brief

Brief of Amicus Curiae in Foster v. EOTech

  • 05/24/2017

View Full Document as PDF Like the target reticle superimposed in EOTech’s sights, the proposed settlement is a holographic illusion. Class counsel…

Class Action Fairness

Legal Brief

Brief of Amici Curiae in PHH Corporation v. CFPB

  • 03/13/2017

View Full Document as PDF The CFPB was designed to be—and operates as—a government unto itself. It is vested with sweeping executive…

Legal Brief

Affidavit of Jim Harper in support of a lawsuit challenging the New York Department of Financial Services’ “BitLicense” regulations.

  • 03/08/2017

View Full Document as PDF On March 3, 2017 Competitive Enterprise Institute Vice President Jim Harper filed an affidavit in support…

Legal Brief

Amicus Curiae: Adams v. USAA

  • 01/19/2017

View Full Document as PDF Instead of protecting the interests of their clients, class counsel forum-shopped the case to a jurisdiction that was…

Class Action Fairness

Legal Brief

Christie v. National Collegiate Athletic Association

  • 11/15/2016

View File as PDF The Competitive Enterprise Institute joined the Pacific Legal Foundation (PLF) and the Cato Institute in an amicus brief…

Legal Brief

Amicus Brief: In Re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation

  • 09/18/2016

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…

Class Action Fairness

Legal Brief

CEI Files Amicus Brief in Support of the Petitioners in Tennessee v. FCC.

  • 08/10/2016

View Document as PDF CEI joined the International Center for Law and Economics, TechFreedom, and six academic scholars in an amicus brief…

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