Administrative Static Podcast

NCLA Asks Court to End DOL’s Illegal Power Grab, Overturn Wage and Overtime Exemption Rule Aug 10, 2024

NCLA has filed for summary judgment in Flint Avenue v. Department of Labor, urging the Northern District of Texas to strike down a new DOL rule that exceeds its authority. The rule sets a $58,656 minimum salary for exempting “white collar” employees from FLSA’s wage and overtime requirements, impacting millions of workers nationwide.

The rule would force employers to raise salaries or reclassify employees as hourly, limiting flexible work options. Flint Avenue, LLC, a small software company, faces losing its ability to offer perks like unlimited vacation. Tune in to hear Mark and Vec dive into this critical case.

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NCLA Asks Federal Court to Vacate the Dept. of Labor’s Unlawful New Independent Contractor Rule Aug 10, 2024

Join Mark and Vec as they explore NCLA’s latest legal challenge in Colt & Joe Trucking v. U.S. Department of Labor. NCLA is fighting to overturn DOL’s new rule, which makes it harder for businesses to classify workers as independent contractors, potentially leading to increased FLSA liabilities for small businesses.

This episode dives into issues with the rule, including its vague standards and the controversy surrounding Acting Labor Secretary Julie Su’s authority to enforce it. Tune in to learn more about this crucial case.

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NCLA Amicus Brief in NY Case Against Trump Explains Why NY’s Executive Law Violates Free Speech Aug 10, 2024

NCLA, with its founder Professor Philip Hamburger, has filed a crucial amicus curiae brief in the case of New York v. Donald Trump. They are challenging a New York law used by Attorney General Letitia James to prosecute Trump for alleged fraud. Unlike typical fraud cases, New York Executive Law § 63.12 allows for penalties simply for making incorrect business statements, without needing to prove intent or harm.

NCLA argues that this law infringes on First Amendment rights and is urging the court to overturn it to safeguard free speech for everyone. In this episode, Mark, Vec, and Senior Litigation Counsel Greg Dolin discuss the case and its broader implications.

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Federal Circuit Revives Lawsuit Against CDC’s Illegal Eviction Moratorium in NCLA Amicus Win! Aug 10, 2024

The U.S. Court of Appeals for the Federal Circuit has reversed a decision by the U.S. Court of Federal Claims, bringing new momentum to the Darby Development Company v. U.S. case. This pivotal ruling challenges the CDC’s nationwide eviction moratorium as a potential violation of the Fifth Amendment’s Taking Clause, demanding just compensation for property owners.

Join Mark and Vec as they discuss this landmark decision with NCLA Senior Litigation Counsel Greg Dolin. Tune in to explore the implications of this ruling and what lies ahead for the case.

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NCLA Asks Tenth Circuit to Stop Education Dept.’s Latest Illegal Scheme to Cancel Student Loan Debt Aug 03, 2024

In its latest student loan legal challenge, NCLA has filed an amicus curiae brief in the case of Alaska, South Carolina, and Texas v. Department of Education before the U.S. Court of Appeals for the Tenth Circuit. NCLA is pushing for the Court to uphold and expand a preliminary injunction against the Department’s "SAVE" plan, which unlawfully alters the 1993 Higher Education Act amendments to transform authorized student-loan-repayment plans into unauthorized loan-cancellation schemes—costing taxpayers $475 billion. With support from the Cato Institute and the Mackinac Center for Public Policy, NCLA argues for halting this overreach of Executive Branch power.
Vec and Jenin discuss the case in this episode.

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In NCLA Amicus Win, Fifth Circuit Rules Against FCC’s Unlawful Control of Universal Service Fund Aug 03, 2024

In a significant victory for constitutional order, the en banc U.S. Court of Appeals for the Fifth Circuit has ruled in Consumers’ Research v. Federal Communications Commission that Congress unlawfully delegated legislative power to the FCC, allowing it to control the Universal Service Fund (USF). NCLA played a pivotal role in this outcome, filing an amicus curiae brief that highlighted the legal flaws in the FCC's authority.

Join Vec and NCLA General Counsel and Senior Litigation Counsel Zhonette Brown as they delve into this decision, its implications for the FCC, and what it means for American taxpayers.

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Fired for Free Speech? The Case of San Antonio's Poet Laureate Aug 03, 2024

Join Jenin and Vec, along with NCLA's Casey Norman, as they unpack the explosive case of Nephtalí De León, a celebrated Chicano writer and activist wrongfully terminated from his position as San Antonio’s poet laureate. NCLA has filed a Complaint against the City of San Antonio and city employee Krystal Jones, alleging De León's firing violated his First Amendment rights after he was defamed for a supposed "racial slur" in an elegy honoring a Chicano writer-activist.

Discover how the City’s actions not only tarnished De León’s reputation but also undermined his lifelong fight against racial injustice. Tune in to explore the legal battle to restore his good name and what this case means for free speech in America.

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California's Deepfake Crackdown: Free Speech or Overreach? Aug 03, 2024

Governor Gavin Newsom recently announced his intention to sign new legislation targeting the use of artificial intelligence in campaign ads, following a viral altered ad of Vice President Kamala Harris reposted by Elon Musk. The proposed law would mandate social media companies to remove deepfake content featuring political candidates 120 days before an election, placing the responsibility on these platforms to monitor and enforce the rules.

In this episode, Vec and Jenin delve into the potential First Amendment implications of such laws.

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Judge Dismisses Jankowicz Lawsuit Against Fox News: What It Means for Disinformation and Free Speech Jul 27, 2024

In a recent ruling, a Delaware judge dismissed Nina Jankowicz’s lawsuit against Fox News. The judge found that the alleged defamatory statements about Jankowicz—former head of the DHS disinformation board—were either focused on the board itself or were materially true. Jankowicz had claimed Fox falsely accused her of wanting to censor speech and edit tweets. This case has important implications for discussions on disinformation and social media censorship, touching on themes similar to the NCLA's Murthy v. Missouri case.

Tune in as Mark and Vec break down the details and impact of this significant legal development.

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NCLA Demands CPSC and Comr. Trumka Rescind False Statements Disparaging Weighted Sleep Sacks Jul 27, 2024

NCLA is challenging the U.S. Consumer Product Safety Commission for its misleading and harmful claims about Dreamland Baby Co.'s weighted sleep products. Our formal demand for a retraction addresses Commissioner Richard Trumka's unfounded warnings and the CPSC’s failure to follow proper procedures before making safety claims. Discover how we’re pushing back against these unjust actions and ensuring that government agencies adhere to the law.

Join Litigation Counsel Kara Rollins, Vec, and Mark as they explore this pivotal battle for legal integrity and consumer rights.

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NCLA Asks Third Circuit to Rule Against HHS’s Coercive Medicare Drug Price ‘Negotiation’ Program Jul 27, 2024

NCLA is taking a stand in Bristol Myers Squibb Company v. Becerra! We've filed an amicus curiae brief with the U.S. Court of Appeals for the Third Circuit, challenging the Department of Health and Human Services' (HHS) attempt to hold a company’s business hostage to force it to give up its constitutional property rights. Our brief argues that this violates the “unconstitutional conditions” doctrine, which protects against indirect violations of constitutional rights.

Tune in as NCLA Senior Litigation Counsel joins Mark and Vec to break down this critical legal battle and its broader implications.

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NCLA Asks Supreme Court to Restore Presidential Control over “Independent” CPSC Commissioners Jul 27, 2024

NCLA has filed an amicus curiae brief urging the Supreme Court to hear Consumers’ Research v. Consumer Product Safety Commission. This case presents a golden opportunity to overturn the 1935 Humphrey’s Executor v. Federal Trade Commission decision and address the unconstitutional structure of the CPSC. Under current law, the President can only fire CPSC commissioners “for neglect of duty or malfeasance in office,” insulating them from removal and violating the “Take Care” clause of Article II of the Constitution. The Fifth Circuit upheld this structure by invoking Humphrey’s Executor, which wrongly supported FTC Commissioners' similar protections.

In this episode, Senior Litigation Counsel Greg Dolin joins Mark and Vec to dive into the details and implications of this case.

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NCLA Asks Supreme Court to Block Education Dept.’s Latest Illegal Scheme to Cancel Student Loan Debt Jul 20, 2024

NCLA is fighting back against the Department of Education’s $475 billion “SAVE” plan, which illegally shifts student loan debt to taxpayers! The plan rewrites the Higher Education Act in ways Congress never approved. After a divided Tenth Circuit panel lifted a crucial injunction against this scheme, NCLA has teamed up with the Cato Institute, Mackinac Center, and Defense of Freedom Institute to challenge this unconstitutional overreach.

Join Mark, Vec, and Jenin as they dive into this explosive case and the battle to stop executive overreach!

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NCLA Challenges Government’s Censorship of Support Groups for Victims of Covid Vaccine Injuries Jul 20, 2024

NCLA is taking on government censorship once more! In Dressen v. Flaherty, we're challenging the federal government’s collusion with social media giants and the Stanford Internet Observatory’s Virality Project to censor online support groups for COVID-19 vaccine injuries, echoing our fight in Murthy v. Missouri.

Join NCLA’s Casey Norman with Mark, Jenin, and Vec as they explore this critical case and the fight to restore the plaintiffs' civil liberties.

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NCLA Asks Eighth Circuit to Reject Blanket Immunity for Federally Cross-Deputized State Police Officer Jul 20, 2024

NCLA’s amicus brief in Mohamud v. Weyker takes on a dangerous trend of courts shielding cross-deputized officers from accountability. This critical case argues that Americans should still have the right to pursue damages for constitutional violations, even when officers are operating under both state and federal authority.
In this episode, Mark, Vec, and Jenin are joined by NCLA’s Casey Norman to unpack the implications of this high-stakes legal battle and how this case is pivotal for holding law enforcement accountable.

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Tenth Circuit Overturns NCLA Client’s Wrongful Conviction Under USFS Regulation for Instagram Post Jul 20, 2024

The U.S. Court of Appeals for the Tenth Circuit has overturned David Lesh’s criminal conviction, declaring that the USFS regulation banning “work activity” on their lands was too vague. Lesh’s crime? Posting photos on Instagram!

In this episode, Jenin, Mark, and Vec delve into the case with NCLA’s Kara Rollins, exploring the ruling's implications and debating whether the petty offense exception needs a constitutional overhaul.

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In Landmark Victory for Civil Liberties, NCLA Persuades Supreme Court to Overturn Chevron Deference Jul 13, 2024

The U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. NRDC case, ending the unconstitutional Chevron doctrine. This landmark ruling came in NCLA’s case, Relentless Inc. v. Dept. of Commerce, argued alongside Loper Bright Enterprises v. Raimondo. The Court vacated the First Circuit’s decision upholding NOAA’s rule requiring fishing companies to pay for at-sea government monitors.

In this episode, Mark, Vec, and Jenin continue to discuss this case and celebrate this monumental victory that NCLA has been fighting since the beginning!

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In Landmark Victory for Civil Liberties, NCLA Persuades Supreme Court to Overturn Chevron Deference Jul 13, 2024

The U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. NRDC case, ending the unconstitutional Chevron doctrine. This landmark ruling came in NCLA’s case, Relentless Inc. v. Dept. of Commerce, argued alongside Loper Bright Enterprises v. Raimondo. The Court vacated the First Circuit’s decision upholding NOAA’s rule requiring fishing companies to pay for at-sea government monitors.

In this episode, Mark, Vec, and Jenin celebrate this monumental victory, which will curtail administrative power abuses for years to come!

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In NCLA Amicus Win, Supreme Court Upholds Small Business’s Right to Judicial Review Jul 13, 2024

The U.S. Supreme Court revived Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling 6-3 that the six-year limit for challenging the rule had not expired when the North Dakota convenience store filed suit in 2021. Agreeing with NCLA's amicus brief, the Court determined the statute of limitations should start when Corner Post began operating in 2018, despite the rule being issued in 2011. This decision allows for meaningful judicial review of regulations, even for new businesses.

In this episode, Mark, Vec, and Jenin discuss the case and the win.

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In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury Jul 13, 2024

The U.S. Supreme Court has restored the right to a jury trial for Americans facing the Administrative State by affirming the Fifth Circuit’s decision in SEC v. Jarkesy.

This overturned the SEC’s unconstitutional administrative prosecution regime, which targeted George R. Jarkesy, Jr. in a lengthy administrative proceeding without a jury.

The Court, agreeing with NCLA's brief, ruled 6-3 that the SEC violated Jarkesy’s Seventh Amendment rights.

In this episode, Mark, Vec, and Jenin are joined by Senior Litigation Counsel Peggy Little to discuss and celebrate this historic victory vindicating Americans’ civil liberties.

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Supreme Court Issues Troubling Decision in NCLA Case Against Censorship Industrial Complex Jun 29, 2024

The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General’s office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, expresses disappointment over the Court's decision, which narrows Americans' First Amendment rights.
Mark, Vec, and Jenin discuss where the Justices stood on this ruling in this latest episode.

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Supreme Court Issues Troubling Decision in NCLA Case Against Censorship Industrial Complex Jun 29, 2024

The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General’s office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, expresses disappointment over the Court's decision, which narrows Americans' First Amendment rights.
Vec and Jenin discuss the ruling in this latest episode.

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In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury Jun 29, 2024

The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC’s administrative prosecution regime. The Court affirmed the Fifth Circuit’s decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.’s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance’s amicus brief, marks a significant victory for civil liberties and limits the SEC’s abuse of power.
Mark, Vec, and Jenin continue to discuss the win in this episode and dig into an interesting footnote.

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In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury Jun 29, 2024

The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC’s administrative prosecution regime. The Court affirmed the Fifth Circuit’s decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.’s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance’s amicus brief, marks a significant victory for civil liberties and limits the SEC’s abuse of power.
Mark, Vec, and Jenin celebrate the victory in this latest episode.

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NCLA Files Motion After COVID Email Revelations Jun 22, 2024

As we anticipate the Supreme Court's decision in Murthy v. Missouri, NCLA's Jenin Younes has filed a motion in district court citing Congressional testimony revealing that Senior Advisor Dr. David Morens and Dr. Anthony Fauci used personal email accounts to evade Freedom of Information Act (FOIA) requests during the pandemic.

Mark and Jenin delve into the details of this motion in their latest episode.

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NCLA Asks Eighth Circuit to Vacate SEC’s Unconstitutional New Climate Disclosure Rules Jun 22, 2024

NCLA has filed a joint opening brief in National Center for Public Policy Research v. SEC, urging the U.S. Eighth Circuit Court of Appeals to strike down new SEC rules requiring extensive climate-related disclosures by public companies. This challenge is combined with U.S. Chamber of Commerce v. SEC, where Gibson Dunn & Crutcher LLP represents the petitioners. NCLA represents the National Center for Public Policy Research alongside the U.S. Chamber of Commerce, Texas Association of Business, and Longview Chamber of Commerce, arguing against the SEC's unconstitutional push for climate activism at the expense of civil liberties.

Mark, Jenin, and Senior Litigation Counsel Andrew Morris discuss the case in their latest episode.

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NCLA Asks Supreme Court to Force U.S. Patent Office Back to Using Notice-and-Comment Rulemaking Jun 22, 2024

NCLA has filed an amicus curiae brief urging the Supreme Court to consider Chestek PLLC v. Vidal and prevent the U.S. Patent and Trademark Office from bypassing notice-and-comment rulemaking. It is crucial that rules with significant economic impact are not issued without public input or consideration of all relevant information. The U.S. Court of Appeals for the Federal Circuit's decision below was erroneous as it effectively nullified a statute requiring the PTO to undergo notice-and-comment procedures before establishing rules. NCLA seeks Supreme Court intervention to correct this and reinstate the PTO's mandated accountability to the public.

In their latest episode, Mark, Jenin, and Senior Litigation Counsel Greg Dolin discuss the details of the amicus brief.

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NCLA Asks Ninth Circuit to End SEC’s Illegal Gag Rule Jun 22, 2024

NCLA has submitted an opening brief in Powell v. SEC, urging the U.S. Court of Appeals for the Ninth Circuit to overturn the SEC’s refusal to amend its long-standing "Gag Rule." The rule, in place for over five decades, prohibits individuals who settle regulatory enforcement cases with the SEC from publicly criticizing their cases, even truthfully, for life. NCLA represents SEC enforcement targets affected by this rule and media organizations seeking to report on their experiences.

After NCLA's initial petition challenging the Gag Rule was ignored for more than five years, the SEC only responded with a denial after NCLA filed a renewed petition in December. NCLA is now challenging this denial to stop the SEC from infringing on First Amendment rights.

Mark, Jenin, and Senior Litigation Counsel Peggy Little discuss the case and the detrimental impact of the SEC's Gag Rule.

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Tenth Circuit Clears Path to Toppling Intrusive Dog Kennel Inspection Regime Jun 17, 2024

The U.S. Court of Appeals for the Tenth Circuit has reversed a district court decision in Johnson v. Smith that upheld a Kansas state law authorizing intrusive warrantless searches for dog training and handling businesses.

NCLA filed an amicus curiae brief explaining that the warrantless-search law infringes the Appellants’ Fourth Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While the Tenth Circuit affirmed the district court’s dismissal of the Appellants’ claim that the state law violates their right to travel, it remanded the case to the lower court to determine whether the Fourth Amendment authorizes warrantless searches of dog training and handling businesses—the issue we briefed.

In this episode, Mark and John celebrate the win and discuss the case

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Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard Jun 17, 2024

The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law.

Justice Thomas authored the Court’s opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary injunctions unless the NLRB meets four requirements: (1) it is likely to succeed on the merits; (2) it would suffer irreparable injury absent an injunction; (3) the balance of equities favors an injunction; and (4) an injunction serves the public interest.

Today’s decision overrules the five federal circuits that have been applying a relaxed standard when NLRB seeks a preliminary injunction, permitting it to punish an employer based on legal and factual allegations that are most likely meritless. In this episode, Mark, John, and Jenin discuss celebrate the victory and discuss the case.

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NCLA Digs Deeper Into SCOTUS Victory in Garland v. Cargill and the Definition of a "machinegun" Jun 15, 2024

The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.”

ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns.

NCLA commends the high court for permanently setting ATF’s ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress.

Mark, John, and Jenin celebrate this victory and dive into the case and the meaning of "machineguns" in this latest episode.

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SCOTUS decision in Garland v. Cargill affirms ATF Cannot Alter a Statute’s Meaning Jun 15, 2024

The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.”

ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns.

NCLA commends the high court for permanently setting ATF’s ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress.

Mark and John celebrate this historic victory in this latest episode.

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NCLA’s George Washington Award Recognizes Brave Clients and Accomplished Lawyers Jun 08, 2024

We awarded Drs. Azadeh Khatibi, Tracy Høeg, Ram Duriseti, Aaron Kheriaty, and Pete Mazolewski NCLA’s Award for Client Bravery. NCLA represented these courageous doctors in the successful Høeg v. Newsom suit challenging a California state law that would have subjected them to discipline for sharing information with patients that departed from the “contemporary scientific consensus” on Covid-19. Gov. Newsom signed a bill to repeal the law, marking a major victory for our clients, free speech, and medical liberty.

NCLA also presented a “Georgie” award (a bust of George Washington) to Latham & Watkins partner Roman Martinez for outstanding service to NCLA and our clients. He delivered oral argument to the Supreme Court in January in our Relentless Inc. v. Dept. of Commerce case against the unconstitutional Chevron doctrine.

The Buckeye Institute Director of Litigation David Tryon and Legal Fellow Alex Certo took home the Georgie for Best Amicus Brief, while A. Gregory Grimsal received the Best Local Counsel Award.

NCLA recognized the winner of its Student Note Competition, Matthew Lambertson of the University of Florida’s Levin Law School, who earned a $10,000 prize to be split with the Florida Law Review for his illuminating publication entitled: “The Common Law and SEC Rule 10b-5(b): Narrowing the Securities ‘Fraud’ Exception to the First Amendment.”

Finally, NCLA honored newly retired former Senior Litigation Counsel Richard Samp with the Cincinnatus Award, celebrating his illustrious 30-plus-year career defending justice in our Republic.

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A Watershed Supreme Court Term Will Not Drown The Administrative State Jun 08, 2024

We discuss Mark's recent column in Forbes: a brief review of five pending SCOTUS cases: (1) SEC v. Jarkesy; (2) Relentless v. Department of Commerce/ Loper Bright v. Raimondo; (3) Corner Post v. Board of Governors of the Federal Reserve; (4) Garland v. Cargill; and (5) Starbucks v. McKinney.

Administrative statists have floated a false narrative about the many indisputably important administrative law cases pending at the U.S. Supreme Court this term. With at least half a dozen such cases still awaiting decision by month’s end, it promises to be a watershed year.

Greater freedom and constitutional restoration appear to be in the offing, which may explain the liberal meltdown that has already begun. Before the Supreme Court (erroneously) upheld the Consumer Financial Protection Bureau’s funding mechanism last month, some commentators on the left were proclaiming that a decision leaving Congress to appropriate annual funds to the CFPB would trigger a second Great Depression.

Similarly absurd claims have abounded about the remaining undecided cases, so it is time to set the record straight lest bureaucratic caterwauling lead the Court further astray.

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Fifth Circuit Topples SEC’s Unlawful Effort to Regulate Private Funds Jun 08, 2024

The U.S. Court of Appeals for the Fifth Circuit issued a decision in National Association of Private Fund Managers v. Securities and Exchange Commission vacating SEC’s recent final rule restricting—and in some cases prohibiting—certain common contractual agreements between private investment funds and investment advisers.

Following the New Civil Liberties Alliance amicus curiae brief’s advice, the Court declared that SEC exceeded its statutory authority in promulgating the unlawful rule because Congress never gave SEC oversight of this aspect of private funds. NCLA thanks securities law scholars Paul Mahoney, Adam Pritchard, and J.W. Verret for joining in NCLA’s brief as amicus partners.

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NCLA Demands Fauci and Co. Save Potentially Damning Covid Communications Jun 08, 2024

The New Civil Liberties Alliance sent a letter informing Dr. Anthony Fauci, his Senior Advisor Dr. David Morens, Dr. Peter Daszak, Dr. Gerald Keusch, Dr. Richard Roberts, Dr. Francis Collins, and Google that they are legally obligated to preserve all documents, communications, and electronically stored information related to their official government business.

NCLA represents 4 of the 5 individual plaintiffs in the Murthy v. Missouri case with an appeal from the grant of a preliminary injunction now pending before the U.S. Supreme Court. Dr. Fauci and other government defendants violated our clients’ First Amendment rights through involvement in censoring their speech on social media that was not in line with the government’s position of Covid-19 and related issues.

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NCLA Fights Against Discriminatory Dept. of Education Rule for Fulbright-Hays Fellowships Jun 02, 2024

The Fulbright-Hays Fellowship supports U.S. students conducting foreign language research abroad. However, since 1998, the Department of Education has unfairly penalized "non-native-born" students who learned the language through heritage, denying them 15 points out of 105 for language proficiency. Samar Ahmad and Edgar Ulloa Lujan, fluent in Arabic and Spanish respectively, faced penalties despite their proficiency. This discrimination contradicts the fellowship's purpose and violates students' due process rights.

NCLA filed Edgar Ulloa Lujan, Samar Ahmad, and Veronica Gonzalez v. U.S. Department of Education, et al. challenging the "native language penalty." This rule unfairly discriminates against American citizens from non-English-speaking countries and their children, barring them from the Fulbright-Hays Fellowship based on their national heritage language.

In this episode, NCLA's Sheng Li joins Mark and Vec to discuss this case.

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NCLA Tells Department of Education Its Newest Student Loan Debt Cancellation Plan Is Unlawful Jun 02, 2024

NCLA submitted comments urging the U.S. Department of Education to abandon its latest proposed rule that would unconstitutionally cancel $147 billion of federal student loan debt owed to the Treasury by an estimated 27.6 million borrowers. The plan even proposes to bestow about $19 billion of that on about 750,000 student loan debtors whose average annual household income exceeds $300,000! Outrageously, that sum means American taxpayers would give more than $25,000 apiece to debtor households making over $300,000 per year. Congress has repeatedly declined to erase such debt, and the Department of Education lacks legal authority to do so unilaterally.

NCLA calls for an end to this latest Biden Administration attempt at subverting the rule of law to erase student loan debt.
NCLA's Sheng Li joins Mark, Vec and Jenin to discuss the comments.

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Congressional Committee Investigates Fauci Advisor's COVID Emails Jun 02, 2024

The Select Subcommittee on the Coronavirus Pandemic probes into inflammatory emails authored by a top adviser to Fauci. David Morens, a seasoned federal scientist currently on administrative leave, admitted to deleting emails and using a personal account to avoid disclosing correspondence under the Freedom of Information Act.

Join Mark, Vec, and Jenin as they dissect this hearing in the latest episode.

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In NCLA Amicus Win, Supreme Court Revives NRA’s First Amendment Lawsuit Against NY Official Jun 02, 2024

The U.S. Supreme Court unanimously ruled in NRA v. Vullo that the National Rifle Association plausibly accused New York Department of Financial Services Superintendent Maria Vullo of violating its rights to free speech and association. In so doing, it reversed a panel of the U.S. Court of Appeals for the Second Circuit, which had held Vullo’s alleged actions amounted to permissible government speech and enforcement of state law.

NCLA filed an amicus brief, urging the Justices to decide NRA’s complaint stated a claim upon which relief against Vullo’s unconstitutional conduct, if proven, could be granted.

In this episode, Mark, Vec, and Jenin discuss the victory.

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NCLA Prepares to Crown the Worst Violators of Civil Liberties in Upcoming King George III Prize Event May 25, 2024

NCLA's Fourth Annual King George III Prize is coming to a close! This campaign highlights the most egregious violations of our basic civil liberties by those responsible for such abuses.

In the spirit of March Madness and King George, we are hosting two tournament brackets: one featuring 16 nominees from state and federal agencies and officials who committed the worst civil liberties abuses in 2023, and another devoted exclusively to 16 state and federal officials who focused on censorship and violating the First Amendment in 2023.

In the Censorship Championship, it's Mayorkas vs. Blinken, while Cardona and Regan go head-to-head in the Runaway Regulator Championship.

In this episode, Mark and Jenin discuss the award and our finalists.

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NCLA's Mark Chenoweth Featured in Panel Discussion at the Fifth Circuit Judicial Conference May 25, 2024

NCLA President Mark Chenoweth recently attended the Fifth Circuit Judicial Conference in Austin, TX, where he served as a panelist in a discussion on constitutional challenges to the administrative state and upcoming developments in this area. The panel was so widely attended that the conference scheduled it twice!

In this episode, Mark discusses the conference and its highlights with Jenin.

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NCLA's Mark Chenoweth and John Vecchione are Named Among Washington DC's 500 Most Influential People May 25, 2024

Congratulations to NCLA's Mark Chenoweth and John Vecchione for being named among Washington DC's 500 Most Influential People of 2024 by the Washingtonian!

Their unwavering commitment to defending civil liberties is truly commendable and sets a powerful example.

In this episode, Mark and Jenin discuss the award as well as the Bradley Award recently bestowed upon NCLA client Jay Bhattacharya for his work during the pandemic.

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NCLA Discusses Harrow v. Department of Defense SCOTUS Decision May 25, 2024

The Supreme Court recently issued its opinion in Harrow v. Department of Defense. In this case, the Court reviewed a judgment from the Federal Circuit, which originally stemmed from a decision by the Merit Systems Protection Board. The Federal Circuit had held that the 60-day statutory deadline for Harrow to file his petition for review was a “jurisdictional requirement” and thus “precludes equitable exceptions.”

In a unanimous decision authored by Justice Kagan, the Supreme Court vacated and remanded the Federal Circuit's judgment. The Court held that the 60-day deadline is not a jurisdictional requirement and therefore does not preclude equitable exceptions.

In this episode, Mark and Jenin discuss how this decision could affect Metal Conversion Technologies, LLC v. United States Department of Transportation, a case for which the NCLA has filed a cert petition.

See omnystudio.com/listener for privacy information.

NCLA Plans to Sue CPSC over Comm’r Trumka’s Illegal Efforts to Stop Sales of Weighted Sleep Sacks May 18, 2024

The NCLA has notified the U.S. Consumer Product Safety Commission (CPSC) of its intent to sue the agency over Commissioner Richard Trumka’s alleged violation of Dreamland Baby Co.’s constitutional and statutory rights. Dreamland, which manufactures infant and toddler products, claims Trumka made false and damaging public statements suggesting its wearable infant sleep sacks caused infant deaths. The NCLA’s letter demands that CPSC and Trumka preserve all related documents and communications and cease their illegal actions against Dreamland.

NCLA's Kara Rollins joins Mark, Vec, and Jenin to discuss the details.

See omnystudio.com/listener for privacy information.

SCOTUS rules in Consumer Financial Protection Bureau v. Community Financial Services Association of America May 18, 2024

In a 7-2 decision, the US Supreme Court ruled in Consumer Financial Protection Bureau v. Community Financial Services Association of America that the Consumer Financial Protection Bureau's (CFPB) funding mechanism is constitutional.

The CFPB operates with a funding method outside direct Congressional control. The NCLA, along with The Buckeye Institute and the Manhattan Institute for Policy Research, filed an amicus curiae brief urging the Court to overturn the CFPB’s funding method as a violation of the Constitution’s Appropriations Clause.

NCLA's Mark and Vec have a lively discussion about this decision in this latest episode!

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In NCLA Amicus Win, and FTC Amicus Loss, Second Circuit Upholds Decision Dismissing Antitrust Suit May 18, 2024

The U.S. Court of Appeals for the Second Circuit upheld the dismissal of the In re Bystolic antitrust lawsuit! NCLA supported this outcome in its amicus brief, while the Federal Trade Commission (FTC) supported the plaintiffs despite not filing suit. NCLA argued that plaintiffs must show a large net payment, not just a large gross payment, to prove antitrust violations. The Second Circuit ruled that plaintiffs failed to state a valid claim. NCLA and the International Center for Law and Economics (ICLE) applaud this decision!
Mark and Vec discuss and celebrate the victory in this latest episode.

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NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules May 18, 2024

NCLA has filed a brief urging the en banc U.S. Court of Appeals for the Fifth Circuit to overturn Nasdaq’s "Board Diversity Rules," which the SEC implemented without statutory authority. These rules require Nasdaq-listed companies to meet gender, race, and sexual orientation quotas for their boards or explain why, under threat of delisting. Additionally, the SEC will provide lists of candidates to companies unable to meet these quotas. A Fifth Circuit panel had upheld these rules, but the en banc court has agreed to rehear the case. The 1934 Securities and Exchange Act restricts the SEC to roles ensuring fair markets, investor protection, and efficient capital formation, which the NCLA argues the SEC has exceeded.

Mark, Vec, and Jenin are joined by NCLA's Peggy Little to discuss the recent oral argument in the case.

See omnystudio.com/listener for privacy information.

NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship May 11, 2024

The U.S. District Court for the Eastern District of Texas has denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s request to transfer venue to the U.S. District Court for the District of Columbia.

NCLA now looks forward to revealing the true depth of this egregious censorship regime via expedited discovery, and to stopping the State Department from abridging Americans’ civil liberties. Jenin Younes and NCLA's Peggy Little continue to discuss the case and the judge's order.

See omnystudio.com/listener for privacy information.

NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship May 11, 2024

The U.S. District Court for the Eastern District of Texas has denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s request to transfer venue to the U.S. District Court for the District of Columbia.

NCLA now looks forward to revealing the true depth of this egregious censorship regime via expedited discovery, and to stopping the State Department from abridging Americans’ civil liberties. Jenin Younes is joined by NCLA's Peggy Little to discuss the case and celebrate this recent victory!

See omnystudio.com/listener for privacy information.

NCLA Asks Supreme Court to Uphold a Small Business’s Right to Judicial Review May 11, 2024

The U.S. Court of Appeals for the Eighth Circuit upheld the dismissal of Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling that the six-year statute of limitations to challenge the rule had already expired. However, Corner Post did not exist until more than six years after the rule issued, and it filed suit less than four years after opening for business.

The New Civil Liberties Alliance has filed an amicus curiae brief in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, urging the U.S. Supreme Court to allow the lawsuit to go forward in such circumstances and protect judicial review.

In this episode, Mark and Vec discuss the case and a recent article by Michael Showalter in the Federalist Society Review.

See omnystudio.com/listener for privacy information.

NCLA Discusses House Financial Services Committee hearing on SEC Enforcement May 11, 2024

A House Financial Services Committee recently held a hearing titled 'SEC Enforcement: Balancing Deterrence with Due Process.' The hearing focused on a number of issues that NCLA has been litigating, such as denial of due process rights through in-house adjudications, lack of jury trial rights, abusive processes in SEC investigations, use of disgorgement, the Gag rule, etc.

In this latest episode, Vec is joined by NCLA's Kara Rollins to discuss the hearing.

See omnystudio.com/listener for privacy information.

NCLA Discusses Recent House Hearing on Biden Censorship Scheme May 05, 2024

The House Subcommittee on the Weaponization of the Federal Government convened a hearing pertinent to two of NCLA's cases challenging the government's unconstitutional infringement on freedom of speech—Murthy v. Missouri and Changizi v. HHS. The hearing scrutinized the Biden White House's censorship policies implemented during the COVID-19 pandemic.

In this episode, Jenin, Vec, and Mark delve into the proceedings of the hearing.

See omnystudio.com/listener for privacy information.

NCLA Discusses Constitutional Government in a Possible Post-Chevron World May 05, 2024

When a federal judge accedes to an agency's interpretation of the law, it essentially deprives the non-governmental party involved in the litigation of due process. Moreover, such deference undermines the judge's Article III mandate to uphold judicial independence. The notion of Chevron deference becomes particularly untenable when considering these significant drawbacks. NCLA is actively challenging Chevron in the case of Relentless v. DOC, staunchly advocating for judicial independence.

In this episode, Vec, Mark, and Jenin delve into a recent Law and Liberty article titled "Constitutional Government After Chevron?" which examines how the cessation of Chevron deference might impact our constitutional institutions holistically.

See omnystudio.com/listener for privacy information.

Grassley Challenges Lack of Transparency in Biden Administration's Termination of the U.S. Railroad Retirement Board IG May 05, 2024

In their latest episode, Vec, Mark, and Jenin delve into the contentious firing of Martin Dickman, the inspector general of the U.S. Railroad Retirement Board (RRB), by the Biden Administration. Questions surrounding allegations of creating a "hostile work environment" have drawn scrutiny, prompting Senator Chuck Grassley to address the lack of clarity in the reasons provided to Congress for Dickman's dismissal.

See omnystudio.com/listener for privacy information.

NCLA Lawsuit Seeks to Set Aside the Department of Labor’s Unlawful New Independent Contractor Rule May 05, 2024

NCLA has filed a Complaint in the U.S. District Court for the District of New Mexico, challenging the U.S. Department of Labor’s vague new independent contractor rule. Promulgated earlier this year, the rule distorts the standard for determining if someone hired by a company can be classified as an independent contractor, instead of an employee subject to the Fair Labor Standards Act’s (FLSA) wage and hour requirements. Representing the family-owned company Colt & Joe Trucking, NCLA asks the court to overturn this rule, which leaves small businesses like theirs completely unable to hire independent contractors without risking FLSA liability.

Vec, Mark, and Jenin discuss the case in this latest episode.

See omnystudio.com/listener for privacy information.

Vec Reports on Oral Argument in Trump v. United States Apr 27, 2024

Vec recently attended the SCOTUS argument in the case of Trump v. United States. This pivotal case aims to define the scope of immunity for former presidents regarding potential criminal prosecution for actions allegedly tied to their official duties while in office.

In this episode, Mark and Vec discuss the highlights of the oral argument and case.

See omnystudio.com/listener for privacy information.

NCLA Seeks Injunction to Halt U.S. State Department-Funded Censorship of Domestic Speech & Press Apr 27, 2024

NCLA has filed a motion seeking a preliminary injunction from the U.S. District Court for Eastern District of Texas to stop one of the most egregious violations of free speech and free press rights in history. The U.S. State Department has funded the development, testing, and marketing of censorship technology used to suppress First Amendment-protected speech by disfavored media outlets including The Daily Wire and The Federalist based on their viewpoints. NCLA proudly represents these outlets in The Daily Wire, The Federalist, State of Texas v. State Dept. and now urges the Court to block this blatantly unlawful censorship regime before it can further abridge Americans’ civil liberties.

Mark and Vec are joined by NCLA's Casey Norman to discuss the updates in this case.

See omnystudio.com/listener for privacy information.

NCLA Amicus Brief Asks Ninth Circuit to Stop Bureau of Land Management from Writing Criminal Laws Apr 27, 2024

NCLA filed an amicus curiae brief in U.S. v. Pheasant, urging the U.S. Court of Appeals for the Ninth Circuit to affirm a decision barring the Bureau of Land Management (BLM) from wielding legislative power to criminalize activity on public lands. Gregory Pheasant was charged with three violations of BLM rules for allegedly failing to use a taillight on his dirt bike at night on federal land in Nevada. A federal district court dismissed the charges, ruling that Congress unconstitutionally delegated “virtually unfettered” legislative power to criminalize activities on BLM-managed lands. NCLA asks the Ninth Circuit to uphold this decision and reasoning.

In this episode, Mark and Vec are joined by NCLA's Kara Rollins to discuss the case.

See omnystudio.com/listener for privacy information.

NCLA Amicus Brief Tells D.C. Circuit It Must Avoid Remanding Regulations Without Vacating Them Apr 27, 2024

NCLA has filed an amicus curiae brief in Cigar Association of America v. FDA, urging the U.S. Court of Appeals for the District of Columbia Circuit to reject the “remand without vacatur” legal doctrine. This dubious practice allows administrative agencies to continue enforcing rules the court has just declared unlawful. The doctrine creates a legal category unknown to the law: Unlawful but enforceable rules. Instead of sending them back, courts must set aside unlawful rules.
Mark and Vec discuss the case in this episode.

See omnystudio.com/listener for privacy information.

NCLA's Annual King George III Prize Down to the "Flagrant Four" and the "Nineteen "Eighty Four." Apr 20, 2024

NCLA is proud to announce the Fourth Annual King George III Prize—a campaign to call attention to the most egregious violations of our basic civil liberties by people and institutions responsible for those abuses.

In this episode, NCLA's Clegg Ivey joins Mark to discuss the latest brackets in the contest.

See omnystudio.com/listener for privacy information.

NCLA Calls on 11th Cir. to Vacate District Court’s Judgment in Case SEC Never Should Have Brought Apr 20, 2024

In NCLA's SEC v. Spartan Securities Group, the SEC brought 14 counts against Appellants, alleging their participation in two schemes to aid and abet the creation of fake publicly traded companies and subsequent issuance of stock between December 2009 and August 2014.

After a 12-day trial in July 2021, the jury returned a verdict in favor of Appellants on 13 of the 14 counts charged. The sole remaining count in favor of SEC—that Appellants made materially misleading statements or omissions in connection with the purchase of the issuers’ securities—led the court to award various monetary and equitable remedies, including disgorgement.

In this episode, Vec is joined by NCLA's Kara Rollins to discuss the case and the SEC’s request for disgorgement.

See omnystudio.com/listener for privacy information.

District Court attempts to dismiss Judge Newman's case Apr 20, 2024

The government is attempting to dismiss Honorable Judge Pauline Newman’s lawsuit in district court over unjust attempts from her colleagues to remove her from a constitutionally appointed lifetime position as a Federal Circuit Judge.

Vec and Jenin are joined by NCLA's Greg Dolin who provides updates on Judge Newman's case.

See omnystudio.com/listener for privacy information.

The lawlessness of the Biden Administration's Student Loan Forgiveness Plan Apr 20, 2024

NCLA has long been challenging the Biden Administration's unlawful student loan forgiveness scam as it undermines Congress and costs Americans billions in taxes.

In this episode, Vec and Jenin are joined by NCLA's Sheng Li to discuss the recent updates in the President's plan.

See omnystudio.com/listener for privacy information.

NCLA attends the Twelfth Annual Executive Branch Review Conference — EBRXII Apr 20, 2024

Members of the NCLA team atteneded in The Federalist Society's Twelfth Annual Executive Branch Review Conference (EBRXII) this week. The conference showcased a diverse array of speakers and addressed an extensive range of topics, spanning from overarching government policies to nuanced discussions on environmental law, border security, the relevance of Humphrey's Executor, safeguarding religious freedom in non-discrimination laws, and the principles and challenges surrounding U.S. financial regulations.

Mark and Vec are joined by Zhonette Brown who gives her take on the conference and the topics discussed.

See omnystudio.com/listener for privacy information.

NCLA's Mark, Vec, and Jenin Break Down the EEOC's Pregnant Workers Fairness Act Apr 20, 2024

The EEOC's Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

The PWFA went into effect on June 27, 2023 and on April 15, 2024 the EEOC issued its final regulation to carry out the law. The final regulation goes into effect on June 18, 2024.

In this episode, Mark, Vec, and Jenin discuss this regulation.

See omnystudio.com/listener for privacy information.

NCLA Continues the Fight to End Unlawful Suspension of Federal Circuit Judge Pauline Newman Apr 20, 2024

NCLA continues to fight on behalf of Honorable Judge Pauline Newman as she faces unjust attempts from her colleagues to remove her from a constitutionally appointed lifetime position as a Federal Cir. Judge. This case isn’t just about restoring her to the bench—it is about the very independence of the federal judiciary and the ability of each federal judge to fulfill the office constitutionally entrusted to her.

Mark and Vec are joined by NCLA Senior Litigation Counsel Geg Dolin who provides updates on Judge Pauline Newman’s case against the Judicial Council of the Federal Circuit.

See omnystudio.com/listener for privacy information.

NCLA Unleashes Lawsuit to Take Down SEC’s Illegal Mass Data Collection Machine Apr 20, 2024

NCLA launched a Complaint against the SEC challenging the agency’s unconstitutional “Consolidated Audit Trail.” The CAT is the largest government-mandated mass collection of personal financial data in American history. Without any statutory authority, SEC is forcing brokers, exchanges, clearing agencies and alternative trading systems to capture and send detailed information on every investor’s trades in U.S. markets to a centralized database, which SEC and private regulators can access forever.

Mark and Vec are joined by NCLA Senior Litigation Counsel Andrew Morris to discuss this unlawful, unprecedented seizure and mass surveillance scheme.

See omnystudio.com/listener for privacy information.

NCLA's Annual King George III Prize Down to the Execrable Eight Apr 06, 2024

NCLA is proud to announce the Fourth Annual King George III Prize—a campaign to call attention to the most egregious violations of our basic civil liberties by people and institutions responsible for those abuses.

In this episode, NCLA's Clegg Ivey joins Mark to discuss the latest brackets in the contest.

See omnystudio.com/listener for privacy information.

NCLA Asks Ninth Circuit to Overturn SEC’s Illegal Gag Rule on Targets of Settled Enforcement Cases Apr 06, 2024

The New Civil Liberties Alliance has filed a petition with the Ninth Circuit to review the SEC’s denial of our long-standing petition to amend the agency’s “Gag Rule.” In place for over five decades, this pernicious rule forbids every American who settles a regulatory enforcement case with SEC from even truthfully criticizing their cases in public.

Representing several SEC enforcement targets silenced by the Gag Rule, NCLA’s Peggy Little talks with Vec about the petition and this egregious trampling of First Amendment rights.

See omnystudio.com/listener for privacy information.

NCLA Case Exposes How State Governments Escape Consequences for Unconstitutional Covid Policies Apr 06, 2024

In Høeg v. Newsom, NCLA represents several California physicians whose First Amendment rights were violated by Assembly Bill (AB) 2098—a law that subjected physicians to discipline for giving patients advice about Covid-related matters that didn’t comport with the “scientific consensus.” Many bad government actors have avoided facing legal consequences for unconstitutional actions by abusing the mootness doctrine.

In this episode, NCLA’s Jenin Younes discusses the recent oral argument in Høeg v. Newsom and the exploitation of the mootness doctrine.

See omnystudio.com/listener for privacy information.

NCLA Sues James Madison Univ. and U.S. Dept. of Ed. over Weaponized Title IX Investigation Apr 06, 2024

In Reid v. James Madison University, NCLA represents Alyssa Reid, a former forensics coach at James Madison University whose case provides yet another example of how Title IX has been hijacked and weaponized to exact revenge for a bad breakup. NCLA’s complaint argues that the actions of James Madison University, assisted by the Dept. of Education, deprived Ms. Reid of her rights and entitlements as protected by the constitutions of both the United States and the Commonwealth of Virginia, as well as by Title IX itself.

In this episode, NCLA’s Greg Dolin joins Mark to discuss the case.

See omnystudio.com/listener for privacy information.

NCLA Fights Delegation of Government Power to Public Company Accounting Oversight Board Apr 04, 2024

NCLA filed a Complaint urging the U.S. District Court for the Southern District of Texas to declare that the Public Company Accounting Oversight Board is a private entity unlawfully exerting government power. The unconstitutionally structured Board exercises sweeping legislative, executive, and pseudo-judicial power bestowed by the Sarbanes-Oxley Act of 2002, but it is staffed entirely by non-governmental private citizens who are subject to very little direction, oversight, or supervision from federal officials. This arrangement violates Article I, Sec. 1 of the U.S. Constitution.

Mark is joined by NCLA's Russ Ryan to discuss the case.

See omnystudio.com/listener for privacy information.

Biden’s Student Loan Debt Cancellation Plan Undermines Congress Apr 04, 2024

The Biden Administration’s illegal plan to unilaterally cancel student loan debt is getting pushback in the courts from NCLA. NCLA represents the Cato Institute, a nonprofit organization that promotes individual liberty, limited government, free markets, and peaceful international relations. The complaint argues the Biden Administration’s arbitrary one-time student loan debt cancellation scheme violates the Constitution’s Appropriations and Vesting clauses, infringing on Congress’ sole power of the purse. The program abuses the Department of Education’s discretionary power and must be set aside.

Mark is joined by NCLA's Russ Ryan to discuss the case and the recent oral argument.

See omnystudio.com/listener for privacy information.

NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules Apr 04, 2024

NCLA has filed an opening brief in National Center for Public Policy Research v. SEC urging the en banc U.S. Court of Appeals for the Fifth Circuit to set aside Nasdaq’s unconstitutional “Board Diversity Rules,” which SEC promulgated without statutory authority. These Rules impose gender, race and sexual orientation quotas on corporate board membership for Nasdaq-listed companies. Further, the Rules compel companies that fail to meet their board seat quotas to explain why or face involuntary delisting from the stock exchange.

A Fifth Circuit panel had upheld the Board Diversity Rules, but the en banc court granted NCLA’s request to rehear the case. In this episode, Mark, Vec, and Jenin are joined by NCLA's Peggy Little to discuss the case.

See omnystudio.com/listener for privacy information.

NCLA Asks Supreme Court to Resolve Circuit Split over Standing in Social Media Censorship Cases Apr 04, 2024

NCLA has petitioned the U.S. Supreme Court for a writ of certiorari in Changizi v. HHS, a lawsuit combating the government’s unconstitutional assault on freedom of speech. NCLA’s petition asks the Court to resolve a circuit split between the Fifth and Sixth Circuits on what plaintiffs must show to satisfy Article III standing in censorship cases against the government.

Officials in the Department of Health and Human Services (HHS) have violated the First Amendment by directing social media companies to censor viewpoints that conflict with HHS’s Covid-19 messaging. The petition urges the Court to overturn the U.S. Court of Appeals for the Sixth Circuit ruling that NCLA clients Mark Changizi, Michael Senger, and Daniel Kotzin lacked standing to challenge the censorship regime that silenced them.

Mark and Vec discuss the case in this latest episode.

See omnystudio.com/listener for privacy information.

NCLA's Annual King George III Prize is Back Mar 27, 2024

NCLA is proud to announce the Fourth Annual King George III Prize—a campaign to call attention to the most egregious violations of our basic civil liberties by people and institutions responsible for those abuses.

In keeping with the spirit of March Madness and King George, we are introducing two tournament brackets: one with 16 nominees comprising the state and federal agencies and officials who committed the worst abuses of civil liberties in 2023 and a second bracket devoted exclusively to 16 state and federal officials who dedicated their efforts to censorship and violating the First Amendment in 2023.

In this episode, NCLA's Clegg Ivey joins Mark to discuss the contest.

See omnystudio.com/listener for privacy information.

NCLA's Mark Chenoweth provides full testimony before the House Judiciary Committee on reining in agency adjudication Mar 27, 2024

Administrative adjudication is an unconstitutional system! It evades almost all of the procedural rights guaranteed under the Constitution. It subjects Americans to biased adjudication without real judges or juries and denies them their right to due process.

NCLA's Mark Chenoweth provided full testimony before the House Judiciary Committee last week on reining in agency adjudication and discuss in this episode.

See omnystudio.com/listener for privacy information.

Supreme Court Hears Oral Argument in Pivotal NCLA Case Against Gov’t Social Media Censorship Mar 27, 2024

The Supreme Court heard oral argument in NCLA's Murthy v. Missouri, considering whether to uphold a historic preliminary injunction granted by the U.S. Court of Appeals for the Fifth Circuit. The injunction, temporarily stayed by the Court, would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech. The injuries to NCLA’s clients—Drs. Jayanta Bhattacharya, Aaron Kheriaty, and Martin Kulldorff, and Ms. Jill Hines—supplied standing for many of the arguments made in the courtroom, urging the Court to uphold the injunction in defense of Americans’ First Amendment rights.

In this episode, Mark and Vec discuss the oral argument and the case.

See omnystudio.com/listener for privacy information.

Supreme Court Hears Oral Argument in Pivotal NCLA Case Against Gov’t Social Media Censorship Mar 27, 2024

The Supreme Court heard oral argument in NCLA's Murthy v. Missouri, considering whether to uphold a historic preliminary injunction granted by the U.S. Court of Appeals for the Fifth Circuit. The injunction, temporarily stayed by the Court, would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech. The injuries to NCLA’s clients—Drs. Jayanta Bhattacharya, Aaron Kheriaty, and Martin Kulldorff, and Ms. Jill Hines—supplied standing for many of the arguments made in the courtroom, urging the Court to uphold the injunction in defense of Americans’ First Amendment rights.

In this episode, Mark and Vec discuss the oral argument and the case.

See omnystudio.com/listener for privacy information.

NCLA Demands Trial to Prove Ex-Professor’s Case Against Cornell’s Title IX Kangaroo Court Mar 25, 2024

NCLA has filed a brief opposing summary judgment in its client Dr. Mukund Vengalattore’s lawsuit alleging that Cornell University’s biased and faulty sexual misconduct investigation discriminated against him in violation of Title IX and defamed him. Cornell’s scheme was driven in part by the university’s Title IX office, which succumbed to pressure from the Department of Education (DOE) to rig its investigatory and adjudicatory processes against men accused of sexual misconduct.

In this episode, Litigation Counsel Casey Norman joins Mark to discuss the case.

See omnystudio.com/listener for privacy information.

Government Spyware on Your Phone? Unfortunately, There’s an App for That Mar 25, 2024

The New Civil Liberties Alliance is challenging the Massachusetts Department of Public Health (DPH) in federal court for coordinating with Google to automatically install spyware on the smartphones of more than one million Commonwealth residents, without their knowledge or consent, in a misguided effort to combat Covid-19.

Mark is joined by Litigation Counsel Sheng Li to discuss.

See omnystudio.com/listener for privacy information.

NCLA Returns to First Circuit Asking It to Confront IRS’s Illegal Confiscation of Cryptocurrency Data Mar 25, 2024

The Internal Revenue Service unlawfully seized financial records of New Civil Liberties Alliance client James Harper and thousands of others from a cryptocurrency exchange through abuse of a “John Doe” summons, without notifying account holders so they could contest the summons. IRS took Mr. Harper’s documents without any individualized suspicion to believe he had under-reported his income or failed to pay tax, and it denied him procedural due process to challenge the seizure.

NCLA has filed a reply brief in Harper v. Werfel, urging the U.S. Court of Appeals for the First Circuit to rule that these actions violated Mr. Harper’s statutory, Fourth, and Fifth Amendment rights. NCLA filed the opening brief on October 13, 2023.

Mark discusses the case and the recent oral argument with Litigation Counsel Sheng Li.

See omnystudio.com/listener for privacy information.

NCLA Asks Supreme Court to Revisit 120-year-old Precedent that Led to Rights Abuses Amid Pandemic Mar 25, 2024

NCLA has petitioned SCOTUS to hear Norris v. Stanley regarding Michigan State University’s unlawful and unscientific Covid-19 vaccine mandate. MSU fired two of NCLA’s three clients, all of whom had naturally acquired immunity to Covid, for refusing the vaccine. By conditioning their public employment on receiving unnecessary medical treatment, MSU violated their constitutional right to refuse medical intervention and ignored their statutory right to informed consent.

Senior Litigation Counsel Gregory Dolin joins Mark and Vec in this episode to discuss the case.

See omnystudio.com/listener for privacy information.

NCLA Persuades Energy Dept. to Halt Unlawful Emergency Demand for Cryptocurrency Mining Data Mar 12, 2024

NCLA settled with DOE and the Energy Information Administration to formally end an attempt to force cryptocurrency mining companies including members of the Texas Blockchain Council to hand over sensitive information about their operations through a mandatory Cryptocurrency Mining Facilities Survey. NCLA alleged that the Office of Management and Budget had given EIA emergency permission to collect this data despite EIA’s failure to demonstrate that short cutting the statutory process would prevent public harm, as federal law requires.

Vec and NCLA Litigation Counsel Kara Rollins discuss this shape shifter crypto case and celebrate NCLA’s victory in defense of privacy rights and the rule of law.

See omnystudio.com/listener for privacy information.

NCLA Persuades Energy Dept. to Halt Unlawful Emergency Demand for Cryptocurrency Mining Data Mar 12, 2024

NCLA settled with DOE and the Energy Information Administration to formally end an attempt to force cryptocurrency mining companies including members of the Texas Blockchain Council to hand over sensitive information about their operations through a mandatory Cryptocurrency Mining Facilities Survey. NCLA alleged that the Office of Management and Budget had given EIA emergency permission to collect this data despite EIA’s failure to demonstrate that short cutting the statutory process would prevent public harm, as federal law requires.

Vec and NCLA Litigation Counsel Kara Rollins discuss this shape shifter crypto case and celebrate NCLA’s victory in defense of privacy rights and the rule of law.

See omnystudio.com/listener for privacy information.

NCLA Asks Sixth Circuit to Free FINRA Hostage from SEC’s ‘Hotel California’ Adjudication Regime Mar 12, 2024

NCLA has petitioned the U.S. Sixth Circuit Court of Appeals for a writ of mandamus to force the SEC to stop delaying its ruling on our client Eric S. Smith’s appeal of an unlawful Financial Industry Regulatory Authority disciplinary decision. FINRA banned Mr. Smith from the securities brokerage industry for life and heavily fined him based on faulty accusations and despite lacking any legal right to punish him in the first place. The SEC has refused to rule on Mr. Smith’s subsequent appeal for over three years, depriving him of his livelihood, severely damaging his reputation and business prospects, and violating his statutory and constitutional rights.

Vec and NCLA Senior Litigation Counsel Russ Ryan discuss Mr. Smith’s case.

See omnystudio.com/listener for privacy information.

New NCLA Lawsuit Exposes Public Company Accounting Oversight Board’s Star Chamber Proceedings Mar 12, 2024

NCLA filed a Complaint in the U.S. District Court for the Middle District of Tennessee challenging the Public Company Accounting Oversight Board’s secret, unaccountable, and inherently biased prosecutorial processes. PCAOB has investigated and brought a secret prosecution aiming to brand NCLA’s client a wrongdoer, strip away his livelihood and impose severe financial penalties against him—without a jury trial, due process of law, an impartial adjudicator, or any constitutional accountability. NCLA’s client, John Doe (a pseudonym used to protect his anonymity), asks the Court to stop these disciplinary proceedings and declare them unconstitutional.

Vec and Senior Litigation Counsel Russ Ryan discuss John Doe v. PCAOB.

See omnystudio.com/listener for privacy information.

NCLA Persuades Energy Dept. to Halt Unlawful Emergency Demand for Cryptocurrency Mining Data Mar 04, 2024

NCLA has settled with DOE and EIA to formally end an attempt to force cryptocurrency mining companies to hand over sensitive information about their operations through a mandatory Cryptocurrency Mining Facilities Survey. NCLA alleged that OMB had given EIA emergency permission to collect this data despite EIA’s failure to demonstrate that short-cutting the statutory process would prevent public harm, as federal law requires.

Mark and Vec discuss Texas Blockchain Council v. Dept. of Energy and celebrate this victory in defense of privacy rights and the rule of law.

See omnystudio.com/listener for privacy information.

NCLA Amicus Brief Asks U.S. Supreme Court to Reject NLRB-Specific Preliminary Injunction Standard Mar 04, 2024

NCLA filed an amicus curiae brief at the Supreme Court in Starbucks Corp. v. McKinney, a case challenging a deferential legal standard that allows the National Labor Relations Board to enjoin a company’s conduct without showing that it likely broke the law. NLRB can initiate an administrative enforcement proceeding and then obtain a preliminary injunction in federal district court just by demonstrating that (1) its claims are not frivolous, and (2) those claims serve NLRB’s remedial purposes.

The Sixth Circuit upheld the injunction due to prior circuit precedent. NCLA’s brief asks the Supreme Court to reject this textually baseless test, reverse the Sixth Circuit’s ruling, and require NLRB to satisfy the same injunction standard as every other litigant.

Mark and Vec discuss Starbucks Corp. v. McKinney and NCLA’s corresponding amicus brief.

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Supreme Court Hears Oral Argument in NCLA’s Cargill Case Against ATF’s Unilateral Bump-Stock Ban Mar 04, 2024

Last week, former Texas Solicitor General Jonathan Mitchell presented oral argument to the Supreme Court in NCLA's Garland v. Cargill case, demonstrating that ATF's unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” NCLA’s client, Texas gun shop owner, and Army veteran Michael Cargill, appeared in the courtroom and NCLA anticipates a Supreme Court decision later this term that will prevent ATF from criminalizing innocent Americans.

Mark and Vec discuss Garland v. Cargill and what happened at oral argument.

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Supreme Court Hears Oral Argument in NCLA’s Cargill Case Against ATF’s Unilateral Bump-Stock Ban Mar 04, 2024

Last week, former Texas Solicitor General Jonathan Mitchell presented oral argument to the Supreme Court in NCLA's Garland v. Cargill case, demonstrating that ATF's unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” NCLA’s client, Texas gun shop owner, and Army veteran Michael Cargill, appeared in the courtroom and NCLA anticipates a Supreme Court decision later this term that will prevent ATF from criminalizing innocent Americans.

Mark and Vec discuss Garland v. Cargill and what happened at oral argument.

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SCOTUS Declares the Federal Government Subject to Suit Under the Fair Credit Reporting Act Feb 27, 2024

The Eighth Circuit upheld the dismissal of Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling that the six-year statute of limitations to challenge the rule had already expired.

However, Corner Post did not exist until more than six years after the rule issued, and it filed suit less than four years after opening for business. NCLA filed an amicus curiae brief in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, urging SCOTUS to allow the lawsuit to go forward in such circumstances and protect judicial review.

NCLA Litigation Counsel Kara Rollins joins Mark and Vec to go over the oral argument at the Supreme Court last week in Corner Post, Inc. v. Board of Governors of the Federal Reserve System.

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NCLA Asks Supreme Court to Rule Against ATF’s Unilateral Bump-Stock Ban Feb 27, 2024

This week, NCLA will be presenting oral argument before SCOTUS in Garland v. Cargill, a case that challenges ATF’s unlawful expansion of the statutory definition of a “machinegun.”

Mark and Vec preview the upcoming oral argument in Garland v. Cargill before the highest court in the land.

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NCLA Amicus Brief Exposes Fatal Constitutional Flaws in SEC’s Illegal Mass Data Collection Regime Feb 27, 2024

NCLA filed an amicus curiae brief in American Securities Association v. Securities and Exchange Commission, urging the Eleventh Circuit to set aside an SEC order requiring financial industry broker-dealers to fund a “Consolidated Audit Trail” (CAT) that Congress never authorized. Unless the Court intervenes to stop it, these costs will be passed on to the investing American public as an unlegislated tax.

Mark is joined by NCLA Senior Litigation Counsel Andrew Morris to discuss NCLA’s amicus brief in American Securities Association v. Securities v. SEC.

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En Banc Fifth Circuit Will Hear NCLA Lawsuit Against Legally Defective Nasdaq Board Diversity Rules Feb 27, 2024

The U.S. Court of Appeals for the Fifth Circuit has agreed to an en banc rehearing of NCLA’s National Center for Public Policy Research v. SEC lawsuit challenging “Board Diversity Rules” that SEC promulgated without statutory authority. These rules impose race, gender, and sexual orientation quotas on corporate board membership for companies listed on the Nasdaq stock exchange, along with compelling corporate speech to explain any quota missed.

Mark is joined by Senior Litigation Counsel Peggy Little to discuss National Center for Public Policy Research v. SEC and the upcoming argument in which NCLA will urge the Fifth Circuit to set these unlawful rules aside.

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NCLA Asks Supreme Court to Permit Equitable Tolling of Statutory Deadlines to Thwart Agency Deceit Feb 20, 2024

NCLA has filed a petition urging SCOTUS to hear Metal Conversion Techs. v. DOT and decide that courts can equitably toll statutory deadlines to forestall agencies from tricking their enforcement targets. Metal Conversion Technologies is a family-owned company that the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) tried to punish via an unconstitutionally appointed agency adjudicator. DOT then failed to disclose the official’s improper appointment, preventing the company from seeking judicial review of the civil penalty on that basis within the normal statutory deadline.

Mark and Vec discuss Metal Conversion Techs. v. DOT.

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NCLA Amicus Brief Calls on en Banc Fifth Circuit to Rein in CPSC’s Unaccountable Power Structure Feb 20, 2024

NCLA filed an amicus curiae  brief asking the Fifth Circuit to rehear the case of Consumers’ Research v. CPSC en banc to decide whether CPSC’s structure is unconstitutional. CPSC Commissioners unquestionably wield executive power, yet the President cannot remove them at will.

Mark and Vec discuss why the Fifth Circuit should correct this glaring arrogation of the executive power in Consumers’ Research v. CPSC.

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D.C. Court Hears NCLA’s Newman v. Moore Case Feb 20, 2024

A Washington, D.C. federal court has dismissed a portion of the Honorable Judge Pauline Newman’s lawsuit over unjust attempts from her colleagues to remove her from a constitutionally appointed lifetime position as a Federal Circuit.

Mark and Vec provide updates on Newman v. Moore with Greg Dolin.

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Amici Support NCLA’s Stance at Supreme Court in Major Social Media Censorship Injunction Case Feb 20, 2024

Forty-five Members of Congress, 16 states, state legislators, former government officials, journalists, attorneys, media personalities, academics, activist groups and research organizations have filed 27 amici curiae briefs supporting the New Civil Liberties Alliance’s position in Murthy v. Missouri against government-directed censorship. 

Mark and Vec discuss Murthy v. Missouri and the wave of support from amici.

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