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FEATURED ARTICLES
11
JESSICA MELUGIN
A New Idea for
Tax Fairness Online
12
IAIN MURRAY
the rule will frustrate Congress’s alleged
Greece Jumps from BY SAM KAZMAN purpose of making health care available to
Scylla to Charybdis everyone.
on that dark, dry, but challenging place where gov- enterprise and capitalism. But our work doesn’t end
ernment policy and private markets clash: the regula- there. We also engage these ideas directly through
tory state. CEI is unique in that we not only analyze proactive advocacy and communications. It’s this
the impact of economic regulation on our economy, combination that makes us unique.
we directly challenge government overreach into this We produce studies that fill the intellectual gaps in
system of capitalism that has made America the most debates over economic regulation. For example, we
prosperous nation on Earth. We’ve been doing it for recently published a paper examining the deleterious
over 30 years, quietly bearing fruit—and sometimes effect of Securities and Exchange Commission rules
not so quietly, as our Supreme Court challenge to on crowdfunding—an important and growing venue
Obamacare shows. for expanding opportunities for investors and promot-
We’ve been in the news a lot during the past month. ing new business growth. It’s innovative, but hardly
On March 4, the Supreme Court heard oral argu- a new concept. It’s how Henry Ford first generated
ments in King v. Burwell, our legal challenge to an IRS funding for mass producing automobiles.
regulation imposed under Obamacare. The regulation We do not operate in a vacuum. We also need
illegally provides subsidies on both state and federally to work with others, including those with whom we
established health insurance exchanges—contrary to might not always agree in some areas, to successfully
the Obamacare statute’s plain language—after 36 advance policy change. We lead coalitions with both
states chose to opt out of the program. We are hopeful old allies and strange bedfellows—from center-right
a majority of Justices will correctly interpret the law and coalitions focused on environment and energy issues
agree with our challenge. to center-left ones focused on privacy, chemical
We have other cases in the works—from filing a policy, or cybersecurity.
significant constitutional challenge to the Dodd-Frank We also take our message directly to lawmak-
financial services law to holding the White House ers, the media, and the public. From radio and TV
Office of Science and Technology Policy account- appearances to animated videos about the spontane-
able for promoting questionable claims about the ous order of the marketplace. In short, we eagerly
“Polar Vortex” weather phenomenon that chilled take our message wherever it may be heard.
much of the eastern U.S. last year. We recently sued And when persuasion, thoughtful analysis, or
the Environmental Protection Agency for its failure political alliances aren’t enough, we challenge
to honor Freedom of Information Act requests. And government policy directly in court. Our Obamacare
believe me, there’ll be more legal action to come. challenge in King v. Burwell is but the latest, most
That’s because we see our legal work as part of visible example. This lawsuit and CEI’s other work
our integrated strategy toward public policy. CEI on exposing the regulatory state—from hard-hitting
seeks to remove government-created barriers to eco- analysis to strategic litigation—could not happen
nomic liberty, entrepreneurship, and innovation. We without your continued support.
R.M.
companies that shelve their expansion plans due to its regulatory
burdens. They include the taxpayers who foot the bill.
And there’s one last victim here—the rule of law. Under the
Constitution’s separation of powers, Congress enacts laws and
the Executive Branch implements them. But what the IRS has
FREEDMAN
done in creating its subsidy rule isn’t implementation; it’s rewrit-
ing the law, plain and simple.
SOCI ET Y
To defend that rewriting, the government has resorted to a
set of arguments that twist the plain language of the Obamacare
statute into what the government’s lawyers claim is a “term of Help the Competitive
art”—a phrase whose meaning is known only by some inner
circle of experts. For example, consider the phrase “exchange
Enterprise Institute
established by the state.” Those are the words Congress used carry on its work for
to designate the insurance exchanges that qualify for subsi- generations by joining the
dies—those set up by the states. It clearly excludes the federal
exchanges—those the U.S. Department of Health and Human
R.M. Freedman society.
Services is directed to set up in states that don’t create their own
exchanges. In 2013, CEI established the R.M. Freedman
According to the government’s counsel, this phrase has noth- Society in honor of Robert M. Freedman,
ing to do with specifying a type of exchange. Rather, to quote a business owner from West Bloomfield,
directly from the government’s brief to the Court, the phrase Michigan, who placed CEI in his estate
is just a matter of “style and grammar.” Under the administra- and, in 2009, sadly passed on and gave
tion’s approach, the word “establish” is no longer a verb; it’s an CEI its first legacy gift. We named the
ornament. society in appreciation of his generosity.
Perhaps you think that’s an insignificant technicality. But con- Many of CEI’s extended family choose to
sider the opening phrase of the Constitution: “We the People of include CEI in their estate plans through:
the United States, in Order to form a more perfect Union, estab-
lish Justice …” Try applying the government’s semantic approach • Bequests,
to that sentence, and what do you get? Gibberish. • Charitable Remainder Trusts,
If defending the IRS takes us down the path toward consti- • Charitable Lead Trusts, or as a
tutional gibberish, that’s a pretty good hint that its rule should
never have seen the light of day in the first place. • Life insurance beneficiary.
THE
DATE SAVE THE DATE
JUNE 11, 2015
CEI’s Bourbon and BBQ Bash:
Liberty served smooth and smokin’
JW Marriott Washington
1331 Pennsylvania Avenue, NW
Washington, DC 20004
CEI Hosts
Reception for
Staffers on
Capitol Hill
To highlight the publication of the latest
edition of CEI’s most recent Agenda
for Congress, CEI held a reception for
congressional staffers in the Rayburn
House Office Building on February
12. CEI Executive Director Gregory
Conko delivered remarks on the King
v. Burwell case against Obamacare’s
illegal IRS rule, which CEI is funding
and coordinating. Dozens of Hill staff-
ers attended to enjoy light refreshments
and mingle with CEI policy scholars.
RealClear Radio
Hour Now Live in
San Francisco
On February 11, CEI hosted a launch
party to celebrate RealClear Radio
Hour’s debut on Bloomberg Radio
San Francisco. Host Bill Frezza and
CEI President Lawson Bader were
delighted with the turnout and the
enthusiasm of local friends and media
at Donato Enoteca in Redwood
City. A special project of CEI,
RealClear Radio Hour airs Saturdays
at 10 am and 4 pm PT on San
Francisco’s KNEW 960AM and KOSF CEI Fellow and RealClear Radio Hour Host Bill Frezza (right) with CEI President
103.7FM-HD2. Lawson Bader at Donata Ecoteca in Redwood City, California.
In late January, CEI released Free to A handful of GOP lawmakers have The United States District Court
Prosper: A Pro-Growth Agenda for the revived an effort to effectively ban for the District of Columbia ruled
114th Congress, which identifies eight internet gambling, reintroducing the in January that based on national
economic areas in dire need of free so-called Restoration of America’s security concerns, the National
market reforms. CEI’s agenda recom- Wire Act. The bill, written by a lob- Security Agency (NSA) does not
mends policy ideas that would release byist for casino mogul and GOP have to disclose even the existence of
innovators, entrepreneurs, and other mega-donor Sheldon Adelson and documents related to the phone calls,
hardworking Americans from bureau- introduced by Rep. Jason Chaffetz emails, and text messages of certain
crats’ regulatory squeeze, and advance (R-Utah), would amend a 1961 law Environmental Protection Agency
health, safety, efficiency, and long-term by expanding a ban on interstate officials, in response to a Freedom of
economic growth. “CEI has more than sports betting to a de facto ban on Information Act (FOIA) lawsuit from
30 years of institutional knowledge all online gambling transactions. CEI. Judge James E. Boasberg stated
about the effects of well-intentioned but “This attack on consumer freedom is in his ruling that the government
poorly planned economic regulations,” not about protecting consumers or had not officially acknowledged its
said CEI President Lawson Bader. “The restoring any law,” said CEI Fellow collection of such materials. “At first
hidden and growing regulatory state Michelle Minton. “It is about doing glance, there’s a silver lining in this
deserves more attention and CEI’s the bidding of a powerful donor and decision—namely, it suggests that the
Agenda puts Congress back in the imposing top-down federal control NSA isn’t spying on all of us,” said
driver’s seat to create real regulatory over state choice. Anyone who cares CEI General Counsel Sam Kazman.
reform, stemming the executive branch’s about consumer choice and abuse “This is because Judge Boasberg
ever-increasing overreach.” of power by the federal government found no public acknowledgement
should oppose this bill.” by the NSA that its monitoring is that
broad. On the other hand, the ruling
leaves open the possibility that the
NSA simply hasn’t admitted that it’s
snooping on everyone.”
...END NOTES
Litigiousness Destroys Childhood Winter Fun Court Dismisses Man’s Claim of Fajita Burns
America is a very litigious nation. And Americans often Suffered During Prayer
go to absurd lengths to avoid being sued. Now several In March 2010, a New Jersey man ordered fajitas at
cities, fearing lawsuits, are outlawing sledding in their public an Applebee’s. According to the Associated Press, the man
parks, ruining a favorite winter pastime for children through- claimed he bowed his head in prayer and “then heard a
out America’s colder climates. In Dubuque, Iowa, the city loud sizzle followed by a grease pop. He then felt a burning
council voted to ban sledding in all but two public parks sensation in his left eye and on his face. The man said he
because the city, they said, “can’t manage the risk at all of panicked and knocked the food on his lap, causing more
those places.” To justify their decision, Dubuque officials burns.” In his lawsuit, Hiram Jimenez claimed that his injuries
cited a case of an adult Iowa man who successfully sued for were solely due to Applebee’s “negligence when he came
$2.75 million after he injured his spine running into a sign on in contact with a dangerous and hazardous condition.”
a sled. Hope may not be lost. In the nation’s capital, a group Affirming a lower court decision dismissing the case, a New
calling itself “Sled Free or Die” took to the slopes of Capitol Jersey appeals court held that the “self-evident” risks of the
Hill in early March to defy the prohibition there. No arrests hot fajita skillet did not require the restaurant to warn Jimenez
were made. “against a danger that is open and obvious.”
Garbage Man Gets Jail Time for Working Too Early Mayor Called “Jerk” for Expecting Spanish
Sandy Springs, Georgia, a wealthy suburb of Atlanta Inquisition
famous for outsourcing most of its municipal functions to As any forum moderator can tell you, audience members
private sector contractors, may be a great place to raise a frequently waste question and answer times to make long-
family. But it may be the worst place to pick up the trash. In winded comments, much to everyone’s annoyance. To tackle
March, a judge sentenced Kevin McGill to 30 days in jail this problem, one mayor in a Philadelphia suburb is proudly
for emptying garbage cans too early. Some residents have eschewing question marks for his Q&A sessions. During a
complained that early morning pickups disturb their sleep. tense Evesham, New Jersey, township council meeting in
McGill had only been driving his route since the beginning December 2014, Mayor Randy Brown spoke over a question
of 2015 and was apparently unaware of the ongoing spat on a tax abatement from a member of the public. That ques-
between his company and the city. McGill, an employee of tioner, 81-year-old Kenneth Mills, told Mayor Brown, “You’re
Waste Management, Inc., received jail time after prosecu- acting like a jerk.” In response, the council has only accepted
tors claimed previous efforts to fine Waste Management into public comments, not questions, at meetings. Brown, who is
ending early morning pickup failed. So, they argued that considering a run for governor in 2017, told the Philadelphia
jailing Waste Management employees was their only avail- Inquirer that most residents ask him questions outside of public
able solution. meetings. Those who ask questions in public, Brown said, “try
to turn it into the Spanish Inquisition.”