Administrative Static Podcast

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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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