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A legal and policy advocacy organization that educates the public and policymakers about the rule of law and constitutionally limited government.
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The Latest


Coalition Letter in Support of the NDO Fairness Act (H.R. 6048 and S. 3663)
We respectfully urge House and Senate leadership to bring the NDO Fairness Act to the floor without further delay, and we urge President Trump to sign it the moment it reaches his desk. Restoring meaningful judicial review to the federal government’s secret surveillance of Americans’ private communications is among the most basic responsibilities of this Congress, and it is one this Congress can discharge today.
Ashley Baker
1 hour ago


CFJ Op-Ed: Artificial Intelligence, Natural Ignorance
Mises central insight was that markets are governed not by bureaucrats, but by consumers. Producers succeed only by satisfying the preferences of the people they serve.
In Human Action, Mises likened the consumer to the captain of a ship:
'The captain is the consumer. Neither the entrepreneurs nor the farmers nor the capitalists determine what has to be produced. The consumers do that.'
AI is no exception.
Jeffrey Depp
23 hours ago


CFJ Urges FTC and DOJ to Return HSR Filings to Their Statutory Purpose
The 2024 Final Rule transformed a targeted premerger notification process into a form of universal pre-litigation discovery—imposing substantial costs on thousands of transactions that never raise competitive concerns.
Ashley Baker
May 27


CFJ Op-Ed: Powering AI: Why Markets Matter More than Mandates
IWhile wind and solar technologies will likely play some role in future generation portfolios, policymakers and market participants should resist efforts to force hyperscalers into narrowly prescribed energy strategies that may prove poorly suited for the unique reliability demands of AI infrastructure.
Jeffrey Depp
May 19


CFJ Op-Ed: Brazil’s Digital Power Grab: Europe’s Regulatory Playbook Goes Global
In addition to being blatantly discriminatory, the legislation represents a flagrant disregard for the Trump administration’s trade priorities and creates a wide opening for China to deepen its foothold in Brazil.
Ashley Baker
Apr 28


Amicus Brief in Support of Certiorari in Newman v. Moore
“By stripping Judge Newman of her judicial duties while leaving her nominally in office, the Federal Circuit has exercised a removal power the Constitution assigns exclusively to Congress."
Jeffrey Depp
Apr 21


CFJ Op-Ed: AI Term Sheets, Big Players, and the Market Process of AI Governance
In a market process, coordination emerges from many actors testing different plans, correcting errors, and responding to price signals, customer demand, and competitive pressure. What looks like coordination is actually the emergent result of decentralized adaptation. By contrast, a politically salient term sheet invites firms to cluster around what is legible to Washington.
Jeffrey Depp
Apr 17


CFJ Op-Ed: The Supreme Court Takes the Wrong Patent Case
In choosing Hikma v. Amarin, the Court has focused on a narrow question aligned with current concerns about drug pricing—while leaving unresolved deeper uncertainties in patent law that affect innovation across the entire economy.
Jeffrey Depp
Apr 8


CFJ Blog Post: Only Markets Can Regulate AI
The real issue is not which level of government should regulate AI, but whether government institutions possess the knowledge, incentives, and institutional capacity necessary to regulate a rapidly evolving technology in the first place.
Jeffrey Depp
Mar 26


CFJ Op-Ed: Why Trade Enforcement — Not Foreign Price Controls — Is the Right Response to High U.S. Drug Prices
Drawing on Austrian economics, CFJ argues that market prices—not foreign administrative ceilings—guide rational investment and innovation. Embedding government-set international price controls into Medicare would distort those signals and undermine U.S. pharmaceutical leadership
Jeffrey Depp
Feb 26


CFJ Files Comments Opposing GLOBE and GUARD Drug Pricing Rules
CMS’s GLOBE and GUARD proposals would tie Medicare drug payments to foreign government-set prices. In its comments, CFJ warns that importing international reference pricing into Medicare risks distorting innovation incentives and layering additional complexity onto an already heavily regulated system.
Jeffrey Depp
Feb 24


CFJ Op-Ed: Securing Property Rights Means Reining In Proxy Advisors
Drawing on Austrian economics, CFJ argues that markets depend on accurate profit-and-loss signals. When proxy advisors divert corporate governance toward non-economic goals, they obscure those signals and weaken the property-rights framework that sustains capitalism
Ashley Baker
Feb 20
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