Administrative Static Podcast

NCLA has filed for summary judgment in Flint Avenue v. Department of Labor, urging the Northern District of Texas to strike down a new DOL rule that exceeds its authority. The rule sets a $58,656 minimum salary for exempting “white collar” employees from FLSA’s wage and overtime requirements, impacting millions of workers nationwide. The rule would force employers to raise salaries or reclassify employees as hourly, limiting flexible work options. Flint Avenue, LLC, a small software company, faces losing its ability to offer perks like unlimited vacation. Tune in to hear Mark and Vec dive into this critical case. See omnystudio.com/listener for privacy information.

Join Mark and Vec as they explore NCLA’s latest legal challenge in Colt & Joe Trucking v. U.S. Department of Labor. NCLA is fighting to overturn DOL’s new rule, which makes it harder for businesses to classify workers as independent contractors, potentially leading to increased FLSA liabilities for small businesses. This episode dives into issues with the rule, including its vague standards and the controversy surrounding Acting Labor Secretary Julie Su’s authority to enforce it. Tune in to learn more about this crucial case. See omnystudio.com/listener for privacy information.

NCLA, with its founder Professor Philip Hamburger, has filed a crucial amicus curiae brief in the case of New York v. Donald Trump. They are challenging a New York law used by Attorney General Letitia James to prosecute Trump for alleged fraud. Unlike typical fraud cases, New York Executive Law § 63.12 allows for penalties simply for making incorrect business statements, without needing to prove intent or harm. NCLA argues that this law infringes on First Amendment rights and is urging the court to overturn it to safeguard free speech for everyone. In this episode, Mark, Vec, and Senior Litigation Counsel Greg Dolin discuss the case and its broader implications. See omnystudio.com/listener for privacy information.

The U.S. Court of Appeals for the Federal Circuit has reversed a decision by the U.S. Court of Federal Claims, bringing new momentum to the Darby Development Company v. U.S. case. This pivotal ruling challenges the CDC’s nationwide eviction moratorium as a potential violation of the Fifth Amendment’s Taking Clause, demanding just compensation for property owners. Join Mark and Vec as they discuss this landmark decision with NCLA Senior Litigation Counsel Greg Dolin. Tune in to explore the implications of this ruling and what lies ahead for the case. See omnystudio.com/listener for privacy information.

In its latest student loan legal challenge, NCLA has filed an amicus curiae brief in the case of Alaska, South Carolina, and Texas v. Department of Education before the U.S. Court of Appeals for the Tenth Circuit. NCLA is pushing for the Court to uphold and expand a preliminary injunction against the Department’s "SAVE" plan, which unlawfully alters the 1993 Higher Education Act amendments to transform authorized student-loan-repayment plans into unauthorized loan-cancellation schemes—costing taxpayers $475 billion. With support from the Cato Institute and the Mackinac Center for Public Policy, NCLA argues for halting this overreach of Executive Branch power. Vec and Jenin discuss the case in this episode. See omnystudio.com/listener for privacy information.

In a significant victory for constitutional order, the en banc U.S. Court of Appeals for the Fifth Circuit has ruled in Consumers’ Research v. Federal Communications Commission that Congress unlawfully delegated legislative power to the FCC, allowing it to control the Universal Service Fund (USF). NCLA played a pivotal role in this outcome, filing an amicus curiae brief that highlighted the legal flaws in the FCC's authority. Join Vec and NCLA General Counsel and Senior Litigation Counsel Zhonette Brown as they delve into this decision, its implications for the FCC, and what it means for American taxpayers. See omnystudio.com/listener for privacy information.

Join Jenin and Vec, along with NCLA's Casey Norman, as they unpack the explosive case of Nephtalí De León, a celebrated Chicano writer and activist wrongfully terminated from his position as San Antonio’s poet laureate. NCLA has filed a Complaint against the City of San Antonio and city employee Krystal Jones, alleging De León's firing violated his First Amendment rights after he was defamed for a supposed "racial slur" in an elegy honoring a Chicano writer-activist. Discover how the City’s actions not only tarnished De León’s reputation but also undermined his lifelong fight against racial injustice. Tune in to explore the legal battle to restore his good name and what this case means for free speech in America. See omnystudio.com/listener for privacy information.

Governor Gavin Newsom recently announced his intention to sign new legislation targeting the use of artificial intelligence in campaign ads, following a viral altered ad of Vice President Kamala Harris reposted by Elon Musk. The proposed law would mandate social media companies to remove deepfake content featuring political candidates 120 days before an election, placing the responsibility on these platforms to monitor and enforce the rules. In this episode, Vec and Jenin delve into the potential First Amendment implications of such laws. See omnystudio.com/listener for privacy information.

In a recent ruling, a Delaware judge dismissed Nina Jankowicz’s lawsuit against Fox News. The judge found that the alleged defamatory statements about Jankowicz—former head of the DHS disinformation board—were either focused on the board itself or were materially true. Jankowicz had claimed Fox falsely accused her of wanting to censor speech and edit tweets. This case has important implications for discussions on disinformation and social media censorship, touching on themes similar to the NCLA's Murthy v. Missouri case. Tune in as Mark and Vec break down the details and impact of this significant legal development. See omnystudio.com/listener for privacy information.

NCLA is challenging the U.S. Consumer Product Safety Commission for its misleading and harmful claims about Dreamland Baby Co.'s weighted sleep products. Our formal demand for a retraction addresses Commissioner Richard Trumka's unfounded warnings and the CPSC’s failure to follow proper procedures before making safety claims. Discover how we’re pushing back against these unjust actions and ensuring that government agencies adhere to the law. Join Litigation Counsel Kara Rollins, Vec, and Mark as they explore this pivotal battle for legal integrity and consumer rights. See omnystudio.com/listener for privacy information.

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. See omnystudio.com/listener for privacy information.

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. See omnystudio.com/listener for privacy information.

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 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’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.

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. See omnystudio.com/listener for privacy information.

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.

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 celebrate this monumental victory, which will curtail administrative power abuses for years to come! See omnystudio.com/listener for privacy information.

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.

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.