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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…
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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…
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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…
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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…
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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…
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Fifth Circuit hits pause on the SEC climate disclosure rule: CEI analysis
A controversial climate disclosure rule put forward by the Securities and Exchange Commission has been stopped by a federal appeals court. On Friday, March 15,…
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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…
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Fifth Circuit rules for consumers on dishwasher regulation: CEI statement
Today, the U.S. Court of Appeals for the Fifth Circuit issued an opinion that creates new possibilities for consumer choice and manufacturer innovation in the…
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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…
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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…
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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…
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Supreme Court Protects Property Rights from Federal Overreach in Sackett v. EPA Decision
The Supreme Court today ruled in favor of the Sackett family in a property rights dispute with the Environmental Protection Agency. The EPA claimed…
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Supreme Court to Hear Lawsuit Challenging Unfair ‘Chevron Doctrine’
The Supreme Court today agreed to hear a lawsuit challenging the Chevron doctrine, a policy requiring courts to defer to regulatory agencies in lawsuits…
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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…
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Supreme Court Rightly to Review CFPB Funding Constitutionality
The Supreme Court today announced it will review the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) funding, an unusual arrangement of unchecked funding from…
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Biden CFPB Asks Supreme Court to Review Ruling on Its Unconstitutionality
The Biden administration has moved to appeal an October court ruling against the Consumer Financial Protection Bureau (CFPB), a ruling that invalidated controversial restrictions on…
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Court Rules CFPB Funding Structure Unconstitutional: CEI Statements
A Fifth Circuit panel ruled Wednesday that the Consumer Financial Protection Bureau’s unusual funding structure is unconstitutional, in a lawsuit brought by a small-dollar (payday)…
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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 Task…
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Court Rules Against Vaccine/Mask Mandates Imposed by Federal Agency
Today, a federal judge in Louisiana ruled the federal government cannot require Head Start program teachers, staff and volunteers be vaccinated against COVID-19 nor that…
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CEI Amicus Brief Supports States Challenging Biden Administration Appliance Efficiency Standards
WASHINGTON—The Competitive Enterprise Institute (CEI) filed an amicus brief with the Fifth Circuit Court of Appeals last week, supporting Louisiana and a group…
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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, airplanes,…
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CEI Files Court Petition Challenging EPA Vehicle Emissions Rule
The Competitive Enterprise Institute (CEI) today filed a petition for review with the D.C. Circuit Court of Appeals on behalf of itself, four…
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Court Stops Biden Admin from Transformative Expansion in Regulatory Authority
A federal court blocked the Biden Administration from implementing “social cost of carbon” regulations today. CEI experts reacted to the decision. Senior fellow…
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Supreme Court Blocks Biden Vaccine Mandate, Cites CEI-Related Case on Separation of Powers
The U.S. Supreme Court today blocked the Biden administration’s controversial test-or-vaccine mandate to be imposed on countless employers nationwide – and cited to a 2010…
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Biden Energy Department Blocks Faster Dishwashers That Consumers Want
The Biden administration today undid a useful, consumer-friendly reform put in place by Biden’s predecessor, reinstating energy restrictions that make household dishwashers take much longer…
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Biden EPA Fuel Standard Will Impose All-Pain, No-Gain Policies on Consumers
The Biden administration today announced a final rule raising fuel economy standards for cars and small trucks, reversing a more sensible Trump-era rule. The new…
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CEI Attacks FDA Salt Guidelines for Failure to Undergo Peer Review, Charges Violation of Federal Information Quality Act
The Competitive Enterprise Institute today formally requested the U.S. Department of Health and Human Services to peer review nutrition guidelines on sodium in…
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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 a win…
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OSHA Vaccine Mandate — Trouble for Employers, Rough Time in Courts
The Biden administration today published its much-anticipated vaccine mandate for businesses that employ 100 or more people. This “emergency temporary standard” by the Occupational…
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Supreme Court Will Review EPA Over-Reach on Energy Rule
The Supreme Court today has agreed to review the D.C. Circuit Court of Appeal’s rejection of the Trump administration’s repeal of the Clean Power Plan…
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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 at…
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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 the…
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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 an…
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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 office.
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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 Mae…
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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 principal…
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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 Centers…
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Biden Administration Move to Cancel ANWR Leases Raises Serious Legal Questions
The White House today announced it plans to cancel several leases for energy exploration in the Arctic National Wildlife Refuge (ANWR) in Alaska. Director of…
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Unlawful CDC Eviction Ban Defeated in Court
A federal judge today vacated a nationwide freeze on evictions imposed by regulators at the Centers for Disease Control (CDC) ostensibly to stave off one…
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CEI Files Amicus Brief in Thompson v. Marietta Education Association Appeal for Cert at Supreme Court
The Competitive Enterprise Institute (CEI) filed an amicus brief in support of a petition for cert at the Supreme Court in the case…
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CEI and FreedomWorks Foundation Intervene to Protect Faster Dishwashers and Consumer Choice
The Competitive Enterprise Institute (CEI) and the FreedomWorks Foundation intervened today in lawsuits from eco-groups and their allies seeking to overturn a…
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Senate Should Question Biden’s Choice to Head CFPB, Rohit Chopra, on Fair Process for Regulating Businesses
The Senate should question President-elect Biden’s nominee to head the Consumer Financial Protection Bureau out of concern that businesses get fair treatment in the regulatory…
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CEI Files Opening Brief in Case Seeking More Lenient CAFE standards
The Competitive Enterprise Institute (CEI) filed its opening brief in CEI v. NHTSA, contending the Department of Transportation (DOT) and the Environmental…
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Energy Department Reforms #Neverneeded Regulations on Consumer Washers, Dryers, Showerheads
Today the U.S. Department of Energy issued a set of two new rules that, respectively, allow the sale of faster clothes washers and dryers…
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CEI Appeals NASA’s Non-responsive Rejection of Request for Correction of Flawed 97 Percent Claim
The Competitive Enterprise Institute (CEI) today filed an appeal of NASA’s non-responsive adjudication of a Request for Correction (RFC) under the Information Quality Act. In…
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CEI Files Formal Complaint Regarding NASA’s Claim of 97% Climate Scientist Agreement on Global Warming
The Competitive Enterprise Institute (CEI) petitioned NASA to remove from its website the claim that 97 percent of climate scientists agree humans are responsible for…
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CEI Applauds DOE for Granting Its Petition to Speed Up Dishwashers
Responding to a petition from the Competitive Enterprise Institute (CEI), the Department of Energy (DOE) today announced a new rulemaking related to the problem of…
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Roberts Keeps Auer Deference on Life Support
The U.S. Supreme Court today handed down its decision in Kisor v. Wilkie, a case that centered on the principle of Auer deference, the precedent…
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Supreme Court’s Landmark Decision Ensures Property Ownership is Equal with other Rights
The U.S. Supreme Court today announced a decision in Knick v. Township of Scott, Pennsylvania, a case centered property rights and the Fifth Amendment. The Court…
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In Gundy Case, Supreme Court Postpones Fight over Congressional Accountability to Another Day
Today, the U.S. Supreme Court ruled in an important case concerning what powers Congress can delegate to executive branch agencies – effectively postponing a big…