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Comments in Response to HHS, CMS: Regulation to Require Drug Pricing Transparency
In the News
Re: Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency Proposed Rule CMS-4187-P The Drug Pricing Rule is fatally flawed in two principal ways. First, CMS lacks the statutory authority to regulate the subject matter of the proposed Rule, pharmaceutical market efficiency. Second, even if CMS has the authority to regulate the subject matter,…
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The Hill: The SEC should listen to Sen. Cotton
In the News
Originally published in The Hill on December 17, 2019 On Tuesday Sen. Tom Cotton (R-Ark.) asked tough questions to the chairman of the Securities and Exchange Commission (SEC), Jay Clayton, during a banking committee hearing about an opaque form of regulation which has silenced Americans for far too long. The SEC lawlessly enacted the pernicious “gag rule” in 1972 without going…
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The SEC should listen to Sen. Cotton
On Tuesday Sen. Tom Cotton (R-Ark.) asked tough questions to the chairman of the Securities and Exchange Commission (SEC), Jay Clayton, during a banking committee hearing about an opaque form of regulation which has silenced Americans for far too long. The SEC lawlessly enacted the pernicious “gag rule” in 1972 without going through notice-and-comment rule-making. The U.S. Commodity Futures Trading Commission quietly slipped…
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Forbes: Will Constitutional Defects With Administrative Law Judges Collapse The SEC's House Of Cards?
In the News
“November 30, 2018 marked an obscure but important one-year anniversary. On that date, shortly after the Solicitor General had filed a brief confessing error in the U.S. Supreme Court, the Securities and Exchange Commission sought to fix the newly exposed defects in the unconstitutional appointments of its Administrative Law Judges (ALJs). But the purported “ratification” SEC…
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Lucia sues the SEC again – challenging ALJ Constitutionality and seeking dismissal
In the News
A new lawsuit filed in federal court in California seeks to have further SEC ALJ proceedings against former IA Ray Lucia dismissed, claiming the ALJ system remains unconstitutional because judges can only be fired via the civil service system. The latest legal twist in this six year-old case follows Lucia’s victory before the U.S. Supreme…
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Wall Street Journal: How the SEC Silences Criticism
In the News
One of the strongest rules in free-speech law is that the government may not engage in “prior restraint” of speech except in extreme circumstances. Yet the Securities and Exchange Commission does so routinely. Under a rule adopted in 1972, the SEC demands that parties entering into settlements with the commission be silenced about the prosecution…
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