Administrative Static Podcast

Latest Episodes:

NCLA Asks Supreme Court to Uphold a Small Business’s Right to Judicial Review May 11, 2024

Show notes

The U.S. Court of Appeals for 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.

The New Civil Liberties Alliance has filed an amicus curiae brief in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, urging the U.S. Supreme Court to allow the lawsuit to go forward in such circumstances and protect judicial review.

In this episode, Mark and Vec discuss the case and a recent article by Michael Showalter in the Federalist Society Review.

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NCLA Discusses House Financial Services Committee hearing on SEC Enforcement May 11, 2024

Show notes

A House Financial Services Committee recently held a hearing titled 'SEC Enforcement: Balancing Deterrence with Due Process.' The hearing focused on a number of issues that NCLA has been litigating, such as denial of due process rights through in-house adjudications, lack of jury trial rights, abusive processes in SEC investigations, use of disgorgement, the Gag rule, etc.

In this latest episode, Vec is joined by NCLA's Kara Rollins to discuss the hearing.

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NCLA Discusses Recent House Hearing on Biden Censorship Scheme May 05, 2024

Show notes

The House Subcommittee on the Weaponization of the Federal Government convened a hearing pertinent to two of NCLA's cases challenging the government's unconstitutional infringement on freedom of speech—Murthy v. Missouri and Changizi v. HHS. The hearing scrutinized the Biden White House's censorship policies implemented during the COVID-19 pandemic.

In this episode, Jenin, Vec, and Mark delve into the proceedings of the hearing.

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NCLA Discusses Constitutional Government in a Possible Post-Chevron World May 05, 2024

Show notes

When a federal judge accedes to an agency's interpretation of the law, it essentially deprives the non-governmental party involved in the litigation of due process. Moreover, such deference undermines the judge's Article III mandate to uphold judicial independence. The notion of Chevron deference becomes particularly untenable when considering these significant drawbacks. NCLA is actively challenging Chevron in the case of Relentless v. DOC, staunchly advocating for judicial independence.

In this episode, Vec, Mark, and Jenin delve into a recent Law and Liberty article titled "Constitutional Government After Chevron?" which examines how the cessation of Chevron deference might impact our constitutional institutions holistically.

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Grassley Challenges Lack of Transparency in Biden Administration's Termination of the U.S. Railroad Retirement Board IG May 05, 2024

Show notes

In their latest episode, Vec, Mark, and Jenin delve into the contentious firing of Martin Dickman, the inspector general of the U.S. Railroad Retirement Board (RRB), by the Biden Administration. Questions surrounding allegations of creating a "hostile work environment" have drawn scrutiny, prompting Senator Chuck Grassley to address the lack of clarity in the reasons provided to Congress for Dickman's dismissal.

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NCLA Lawsuit Seeks to Set Aside the Department of Labor’s Unlawful New Independent Contractor Rule May 05, 2024

Show notes

NCLA has filed a Complaint in the U.S. District Court for the District of New Mexico, challenging the U.S. Department of Labor’s vague new independent contractor rule. Promulgated earlier this year, the rule distorts the standard for determining if someone hired by a company can be classified as an independent contractor, instead of an employee subject to the Fair Labor Standards Act’s (FLSA) wage and hour requirements. Representing the family-owned company Colt & Joe Trucking, NCLA asks the court to overturn this rule, which leaves small businesses like theirs completely unable to hire independent contractors without risking FLSA liability.

Vec, Mark, and Jenin discuss the case in this latest episode.

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Vec Reports on Oral Argument in Trump v. United States Apr 27, 2024

Show notes

Vec recently attended the SCOTUS argument in the case of Trump v. United States. This pivotal case aims to define the scope of immunity for former presidents regarding potential criminal prosecution for actions allegedly tied to their official duties while in office.

In this episode, Mark and Vec discuss the highlights of the oral argument and case.

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NCLA Seeks Injunction to Halt U.S. State Department-Funded Censorship of Domestic Speech & Press Apr 27, 2024

Show notes

NCLA has filed a motion seeking a preliminary injunction from the U.S. District Court for Eastern District of Texas to stop one of the most egregious violations of free speech and free press rights in history. The U.S. State Department has funded the development, testing, and marketing of censorship technology used to suppress First Amendment-protected speech by disfavored media outlets including The Daily Wire and The Federalist based on their viewpoints. NCLA proudly represents these outlets in The Daily Wire, The Federalist, State of Texas v. State Dept. and now urges the Court to block this blatantly unlawful censorship regime before it can further abridge Americans’ civil liberties.

Mark and Vec are joined by NCLA's Casey Norman to discuss the updates in this case.

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NCLA Amicus Brief Asks Ninth Circuit to Stop Bureau of Land Management from Writing Criminal Laws Apr 27, 2024

Show notes

NCLA filed an amicus curiae brief in U.S. v. Pheasant, urging the U.S. Court of Appeals for the Ninth Circuit to affirm a decision barring the Bureau of Land Management (BLM) from wielding legislative power to criminalize activity on public lands. Gregory Pheasant was charged with three violations of BLM rules for allegedly failing to use a taillight on his dirt bike at night on federal land in Nevada. A federal district court dismissed the charges, ruling that Congress unconstitutionally delegated “virtually unfettered” legislative power to criminalize activities on BLM-managed lands. NCLA asks the Ninth Circuit to uphold this decision and reasoning.

In this episode, Mark and Vec are joined by NCLA's Kara Rollins to discuss the case.

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NCLA Amicus Brief Tells D.C. Circuit It Must Avoid Remanding Regulations Without Vacating Them Apr 27, 2024

Show notes

NCLA has filed an amicus curiae brief in Cigar Association of America v. FDA, urging the U.S. Court of Appeals for the District of Columbia Circuit to reject the “remand without vacatur” legal doctrine. This dubious practice allows administrative agencies to continue enforcing rules the court has just declared unlawful. The doctrine creates a legal category unknown to the law: Unlawful but enforceable rules. Instead of sending them back, courts must set aside unlawful rules.
Mark and Vec discuss the case in this episode.

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