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Missing the economists in FTC’s latest PBM study
The Federal Trade Commission (FTC) released its not-so-objectively titled interim report on Pharmacy Benefit Managers (PBMs): Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug…
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You have the right to a jury trial
The Supreme Court’s recent Jarkesy decision affirms that people have the right to a jury trial, even in regulatory agencies’ special in-house courts. My colleague…
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Supreme Court’s Jarkesy decision sheds light on the SEC’s hidden advantages
The Supreme Court’s momentous decision in SEC v Jarkesy provides us with a rare glimpse into the murky realm of administrative adjudication. Despite there being more…
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Small group of House members introduce pro-tax, anti-energy bill
The PROVE IT Act (S. 1863) is a pro-tax, anti-energy bill that, if passed, would lead to a carbon tax on imports…
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Anticipating post-Chevron federal power moves
In a series of landmark rulings just before Independence Day (SEC v. Jarkesy, Loper Bright Enterprises v. Raimondo, and Corner Post, Inc. v. Board of…
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The Supreme Court sends warning shot to NLRB
Only one of the Supreme Court’s cases this term dealt directly with the National Labor Relations Board (NLRB), but several addressed the broader question of…
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A rule for the Fed
The Washington Examiner is running a series of pieces on policies the next administration should pursue. My contribution details a way to contain inflation…
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Takeaways from Biden’s new Spring 2024 Unified Agenda of Federal Regulations
At the end of the July 4th holiday weekend, the Biden administration Office of Management and Budget (OMB) released the Spring 2024 edition of the…
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This week in ridiculous regulations: Coke ovens and stolen firearms
It was a short week in honor of Independence Day. Speculation swirled about President Biden’s political future. Agencies issued new regulations ranging from brominate vegetable…
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Free the Economy podcast: Taxocracy with Scott Hodge
In this week’s episode we cover how the SEC is going to spam investors with a deluge of low-quality disclosures, the Supreme Court’s…
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Could AI regulation hamper the next agricultural revolution?
Artificial intelligence (AI) is poised to revolutionize the agricultural industry, along with other sectors of the economy. Already, AI has reduced…
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Reflecting on independence: More than fireworks and barbecues
As we enjoy barbecues, fireworks, and parades on the Fourth of July, we also reflect upon the deeper significance of our nation’s Independence Day and…
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New Jersey moves to ban gas powered leaf blowers
In the latest example of the environmentalist cause going too far, the New Jersey State Senate has voted to move forward with a bill that…
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California’s Newsom grants exception to state law so restaurants can cope with other state law
California Governor Gavin Newsom signed legislation over the weekend that exempted restaurants in the Golden State from…
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USTR inconsistent in their application of new tariffs
I recently made comments on the United States Trade Representative’s (USTR) latest Section 301 tariffs, specifically those imposed on facemasks and steel and…
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CEI opposes SEC’s gag rule
The Securities and Exchange Commission does not like to be criticized. That’s not unusual. What is unusual is that the SEC includes a prohibition of…
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SCOTUS overrules Chevron Doctrine
The Supreme Court has spoken. “Chevron is overruled.” The 40-year-old Chevron decision had increased the level of judicial deference accorded to federal agencies to interpret…
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This week in ridiculous regulations: Rear impacts and hot air balloons
The Supreme Court issued its Jarkesy decision and restored the right to a jury trial in regulatory agencies’ in-house courts. President Biden and former…
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Can moderators ask debate questions that don’t presume a progressive policy agenda?
Numerous policy issues are shaping this year’s first presidential debate between Joe Biden and Donald Trump, as well as the entire campaign atmosphere. These include…
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Supreme Court protects the right to a jury trial – and the public from lawless agency fines
Today the Supreme Court issued a decision in SEC v. Jarkesy, one of the most significant civil rights cases in decades. This case is about…
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Biden’s pro-labor policies will linger past fall election
The Biden administration is trying to cement a pro-union labor policy into place for the next four years, even if likely Republican candidate Donald Trump…
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Free the Economy podcast: Protecting taxpayers with Tim Sandefur
In this week’s episode we cover the problems with the SEC’s new climate rule, the recent Supreme Court decision on income taxes,…
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Spam alert! A devastating outlook on the SEC’s final climate disclosure rule
I have a paper out today, exploring the Securities and Exchange Commission’s (SEC) landmark finalized climate disclosure rule and the many challenges it…
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CEI comments opposing destructive anti-merger rules from troubled FDIC
The Federal Deposit Insurance Corporation (FDIC) has been the subject of recent hearings and news reports regarding findings of a toxic workplace atmosphere of…
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Congress just passed legislation to greenlight nuclear energy
The Senate just passed the “Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act” (ADVANCE ACT), which was part of the “Fire Grants and Safety…
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Biden-era unfunded and funded mandates alike are co-opting state and local priorities
Policymakers are increasingly aware of the federal red tape burden on small businesses, but they should also recognize its emergent implications for state and…
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More thought goes into a coffee order than tariff rates
Tariffs are the hot new trend in Washington, and neither party can get enough. In the month of May alone, the Biden administration announced new…
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This week in ridiculous regulations: known mailers and medical gases
The Supreme Court issued an unfavorable but narrow decision in the Moore v. United States case about taxing income that was never received. CEI’s…
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SEC’s Orwellian surveillance system faces its greatest challenge yet
The Eleventh Circuit Court will soon decide whether the Securities and Exchange Commission (SEC) acted arbitrarily and capriciously by proposing the first market-wide surveillance…
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Wi-Fi: A freedom and innovation success story
There’s a been a lot of bad news on the regulatory front lately with the FCC darkening broadband’s success with burdensome regulation. But let’s celebrate…
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Free the Economy podcast: Up from poverty with Josh Bandoch
In this week’s episode we cover pork-barrel spending in Congress, reform of federal guidance documents, restaurants with minimum age requirements, and…
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AEA launches major campaign against the PROVE IT Act
Our friends at the American Energy Alliance (AEA) have launched an important digital campaign against the PROVE IT Act (S.1863).The PROVE IT…
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The Surge: California train regulations, DOE lawsuits, and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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Even SCOTUS liberal wing skeptical of NLRB moves
The most notable thing about the Supreme Court’s ruling last week against the National Labor Relations Board (NLRB) in Starbucks Corp.
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Everyone agrees we need more spectrum, so why is Congress making it complicated?
Politics prioritized over policy is de rigueur these days, but it shouldn’t be for spectrum auction reauthorization. The importance to the US economy and to…
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This week in ridiculous regulations: amplifiers and subsidized chickens
CEI’s Joel Zinberg released a new study on guidance document reform. The unemployment rate extended to 30 months its streak of being 4…
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Free the Economy podcast: Enlightened capitalism with Siri Terjesen
In this week’s episode we cover regulatory burdens on small businesses, common-sense solutions to poverty, a legal challenge to the TikTok…
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Three years of Chair Lina Khan’s unhinged FTC
Lina Khan’s appointment to the Federal Trade Commission (FTC) was meant to bring about significant change and a new direction for the independent agency. Before…
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Fed hold interest rates steady, balance sheet concerns remain
The Federal Reserve decided to hold interest rates steady at its June 11-12 meeting. This is good news, but the bigger story isn’t about…
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Technological limitations of California’s in-use locomotive rule
Like our cardiovascular system, freight trains work like arteries running 24/7 transporting bulk commodities and goods. This includes transporting everything from cardboard boxes for…
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Congress should heed GAO’s new regulatory reform recommendations
The Government Accountability Office (GAO) released a December 2023 report titled “Options for Enhancing Congressional Oversight of Rulemaking and Establishing an Office of Legal…
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Yes, make tipping tax-free
Republican candidate Donald Trump’s proposal to make tips tax-free is a good idea, and not just because it will be a…
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The Surge: EPA’s new power plant rule, the PROVE IT Act, and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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David Boaz, 1953-2024
It usually begins with Ayn Rand. In my case, it began with David Boaz. David, the Cato Institute’s longtime executive vice president, passed away…
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A brief look at the Senate’s proposed AI regulations
As new artificial intelligence (AI) models release and their capabilities grow, fears around artificial intelligence have begun to crop up as people wonder what AI…
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This week in ridiculous regulations: Texas pimplebacks and pension funds
The 60-legislative-day Congressional Review Act deadline has likely passed, unless Congress keeps an unusually busy election year schedule. As a result, rulemaking has slowed to…
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Free the Economy podcast: Economic facts and vibes with Joey Politano
In this week’s episode we cover advances in dentistry, the slow pace of EV charger deployment, a victory for free speech at…
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The inherent contradictions of unionized political campaigns
President Joe Biden is the first candidate expected to win their party’s presidential nomination with a unionized staff. Whether this is…
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The end of the ‘economically significant’ rule
Friends and allies in the liberty movement still often refer to high-cost regulations from the Biden administration as “economically significant” rules. What…
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Regulations hit small businesses and low-income households hardest
There are about 33.3 million small businesses in the United States, comprising 99.9 percent of all American businesses. About half of all employees work for…