Administrative Static Podcast

Latest Episodes:

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

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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

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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

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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!

See omnystudio.com/listener for privacy information.

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

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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.

See omnystudio.com/listener for privacy information.

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

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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.

See omnystudio.com/listener for privacy information.

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

Show notes

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

Show notes

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!

See omnystudio.com/listener for privacy information.

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

Show notes

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

See omnystudio.com/listener for privacy information.

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

Show notes

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.

See omnystudio.com/listener for privacy information.

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

Show notes

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.

See omnystudio.com/listener for privacy information.

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