CEI Today: States join Dodd-Frank lawsuit, the greens fret over cloud computing, and a court rules on TSA airport scanners


The Wall Street Journal: Dodd-Frank's 'Orderly Liquidation' Is Out of Order


'The tendency of the law must always be to narrow the field of uncertainty." Justice Oliver Wendell Holmes wrote that more than a century ago, but the sentiment runs all the way to our nation's roots. Under our Constitution, the rule of law provides the certainty and transparency necessary to protect individual liberty and support economic growth.

But the 2010 federal financial-reform law known as Dodd-Frank continues to undermine economic growth and the rule of law by injecting immense uncertainty into our economy. As law professor David Skeel demonstrated recently in these pages, the law's Title II gives the Treasury secretary and the Federal Deposit Insurance Corp. unprecedented authority to "liquidate" financial companies. This grants immense power to a handful of unelected federal bureaucrats, empowering them to pick winners and losers among a liquidated company's investors. This arrangement destroys rights long protected by bankruptcy law.

For that reason and others, the attorneys general of South Carolina, Oklahoma and Michigan last week joined a federal lawsuit challenging Dodd-Frank's unconstitutional "orderly liquidation" provisions.

  > Read the full commentary on wsj.com

> Interview a CEI attorney about the lawsuit


Globalwarming.org: Cloud Computing: Friend or Foe of Kyotoism?

As I sit here typing away, Amazon.Com’s Cloud Player serves up 320 tunes I’ve purchased over the past year and a half. I can play them anywhere, any time, on any computer with Internet access. I don’t have to lug around my laptop or even a flash drive. What’s not to like?

Our greener friends worry about all the power consumed by the data centers that deliver computer services over the Internet. Think of all the emissions!  > Read the full commentary on Globalwarming.org

> Interview Marlo Lewis


Openmarket.org: In Rejecting EPIC’s Petition On TSA’s Strip-Search Machines, Court Effectively Orders Rulemaking Timetable

This afternoon, the D.C. Circuit Court of Appeals rejected the Electronic Privacy Information Center’s (EPIC) petition for writ of mandamus, which called on the court to enforce its own order that the Department of Homeland Security (the Transportation Security Administration’s parent department) begin a legally required notice-and-comment rulemaking regarding the TSA’s use of advanced imaging technology (AIT) scanners in airports. CEI earlier submitted an amicus brief supporting EPIC’s motion on behalf of Robert L. Crandall, former chairman and CEO of AMR and American Airlines, and a coalition of organizations.

While we hoped the notice-and-comment period would be opened sooner, we view the court’s decision as a victory. The TSA’s dilatory tactics that have successfully prevented public and independent expert involvement in the AIT scanner regulatory process, as required by the Administrative Procedure Act, will no longer protect it from outside scrutiny.
> Read the full commentary at Openmarket.org

> Interview Marc Scribner


Cocktail Party for Authors Yaron Brook & Don Watkins

Thursday, September 27, 2012
6:00 pm
CEI HQ: 1899 L Street, NW, 12th Fl, Washington, DC

You are cordially invited to join
Yaron Brook and Don Watkins
at the Competitive Enterprise Institute for a cocktail party celebrating the publication of FREE MARKET REVOLUTION: HOW AYN RAND'S IDEAS CAN END BIG GOVERNMENT

RSVP: cjohnson@cei.org

Animal Biotechnology: From Frankenfish to Enviro-pig

Thursday, September 27, 2012
12:00 pm – 1:30 pm
Room 1300, Longworth House Office Building


Despite their potential environmental and consumer benefits, products that can be demonized as FrankenFish or EnviroPig are being delayed by regulatory intransigence, public confusion, and political indecision. With no clear path forward, many products are now being sent overseas to countries with more responsive regulatory climates.





Author: Journalists 'Cover Energy And Environment Subjects As Liberal Activists,' E-Mails Show

Liberals claim to support transparency in government - until conservatives start finding shady things through Freedom of Information Act (FOIA) requests.

New York Times bestselling author, litigator, and Competitive Enterprise Institute senior fellow Chris Horner has been filing such FOIAs for years and has turned up Obama's "true plan" for cap-and-trade, a close relationship between an energy official and a Solyndra director - and more. Horner's quest for public information, labeled as "criminal" by one Obama agency head, will be detailed in his upcoming book, "The Liberal War on Transparency." > Read the CNSNews.com article by Julia Seymore


CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org, and blogs, Globalwarming.org and OpenMarket.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.