Administrative Static Podcast

Latest Episodes:

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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NCLA Files Motion After COVID Email Revelations Jun 22, 2024

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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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