Administrative Static Podcast

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

Show notes

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.

See omnystudio.com/listener for privacy information.

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

Show notes

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.

See omnystudio.com/listener for privacy information.

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

Show notes

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.

See omnystudio.com/listener for privacy information.

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

Show notes

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

Show notes

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

Show notes

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!

See omnystudio.com/listener for privacy information.

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

Show notes

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.

See omnystudio.com/listener for privacy information.

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

Show notes

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

Show notes

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

Show notes

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.

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