Administrative Static Podcast

Latest Episodes:

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

Show notes

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

Show notes

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

See omnystudio.com/listener for privacy information.

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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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