How Fifth Circuit Affirmed George Washington’s Vision of Fundamental Justice

John Berlau

June 14, 2022

The recent ruling by the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC is a victory for limited constitutional government on many levels. As Mario Loyola, professor at Florida International University and senior fellow at my organization, the Competitive Enterprise Institute (CEI), writes in The Wall Street Journal, the court “has taken what could be a historic step toward restoring the Constitution’s checks and balances.”

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“Those who fail to learn from history are condemned to repeat it.”

Susan Dudley

June 6, 2022

In a Wall Street Journal op-ed, Howard Beales and Tim Muris review the results of the Federal Trade Commission’s previous efforts (in the 1970s) to reshape the economy through rushed rulemaking; it is a disastrous history that the FTC’s new majority seems determined to repeat.

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Go Ahead, You Do It For Us

Wayne A. Abernathy

February 18, 2022

Rule of Law or Rule of Experts?  Almost exactly 9 years ago, I spoke to this question, posed by the erosion of the Constitution’s separation of powers.  At a legal symposium in Philadelphia, I raised the problem of concentration of say-so in federal financial regulators.

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New Webinar: “FTC’s Revolution Through Rulemaking”

Nicholas Nelson

January 4, 2022

In November, the Federalist Society’s Regulatory Transparency Project presented a panel discussion on the history of FTC rulemaking authority.

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New Report: “37 Biden Administration Regulations in the Pipeline that Americans Should Know About”

Jeffrey Holmstead

December 16, 2021

The Heritage Foundation has just released a special report entitled “37 Biden Administration Regulations in the Pipeline that Americans Should Know About.”

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New Webinar: “Executive Order on Foreign-Controlled Apps”

Matthew R. A. Heiman

October 1, 2021

In June, President Biden issued a new executive order directing the federal government to review the security threats posed by foreign-controlled software applications. On September 2, Matthew Feeney (Cato Institute) moderated an insightful discussion on the topic featuring Jennifer Hay (DataRobot), Jamil Jaffer (National Security Institute), and Margaret Peterlin (Texas A&M University)…

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Litigation Update: Dakota Access Pipeline Case Gives Supreme Court Chance for Major NEPA Ruling

Mario Loyola

October 1, 2021

This case gives the Court an opportunity for a major ruling on one of the country’s most impactful environmental laws.”

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Can Social Media Companies Censor Lawmakers’ Accounts?

Brent Skorup

September 2, 2021

“If courts progress down this path, social media companies may one day be severely limited in moderating lawmakers’ social media accounts.”

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The Arrival of the Federal Computer Commission?

James Dunstan

August 27, 2021

“…two proposals, if adopted, would throw the door wide open to transforming the Federal Communications Commission into the Federal Computer Commission…”

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Why Capitalists in Space Are Good for Americans’ Future

William Rinehart and Adam Thierer

August 5, 2021

Discouraging private space exploration would be a step backwards and undo positive reforms that have made space more accessible and affordable.”

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