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Administrative Static Podcast

News & Politics Podcasts

Administrative Static is an irreverent legal affairs podcast that exposes the unlawful side of administrative power. Hosts Mark Chenoweth and John Vecchione will decry federal and state agency abuses, trot out legal arguments, grill expert guests, and bandy about the latest cases and controversies.

Administrative Static is an irreverent legal affairs podcast that exposes the unlawful side of administrative power. Hosts Mark Chenoweth and John Vecchione will decry federal and state agency abuses, trot out legal arguments, grill expert guests, and bandy about the latest cases and controversies.

Location:

United States

Description:

Administrative Static is an irreverent legal affairs podcast that exposes the unlawful side of administrative power. Hosts Mark Chenoweth and John Vecchione will decry federal and state agency abuses, trot out legal arguments, grill expert guests, and bandy about the latest cases and controversies.

Twitter:

@NCLAlegal

Language:

English


Episodes

Gubbels v. USDA; Supreme Court Shadow Docket

2/20/2021
Gubbels v. USDA In this episode, Mark examines the case Gubbles v. USDA from start to finish. Kevin Gubbels and Insure My Honey, Inc. v. U.S. Department of Agriculture and U.S. Risk Management Agency, was filed against the U.S. Department of Agriculture (USDA), the U.S. Risk Management Agency (RMA), and the respective heads of those entities. Gubbels was contesting that those agencies’ efforts to suspend and debar his participation in the federal crop insurance program without a hearing....

Duration:00:25:00

Constitutionality of ALJs; Tax Season

2/20/2021
Constitutionality of ALJs NCLA filed an amicus brief in Fleming, et al. v. USDA, citing the U.S. Supreme Court’s 2018 decision in Lucia v. SEC and taking issue with the USDA's use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers. No statute, law, or court precedent compelled the decision. Longstanding precedent requires courts to fulfill their “unflagging” duty to hear such constitutional challenges which protect Americans from this merciless and...

Duration:00:25:00

Biden Cancels Trump Opioid Plan; USDA Violated FACA

2/13/2021
Biden Cancels Trump Opioid Plan The Biden administration said that it is canceling a last-minute plan by the Trump administration to let more physicians prescribe an opioid-treatment drug, despite exhortations to keep it from lawmakers and physician groups. Vec discusses this change in policy from the new administration. USDA Violated FACA Later in the episode, Mark talks about USDA’s violation of the Federal Advisory Committee Act and why it matters for regulations of Radio Frequency...

Duration:00:25:00

SCOTUS defends 1st Amendment in CA; Qualified Immunity in Walsh v. Hodge, et al.

2/13/2021
SCOTUS defends 1st Amendment in CA Vec explains the U.S. Supreme Court’s injunction against California Governor Gavin Newsom over restrictions on places of worship. In March of 2020, Governor Newsom issued edicts that placed a ban on indoor religious services. On February 5th, the Supreme Court ruled on two cases brought by two church groups and their pastors, Harvest Rock Church and Harvest International Ministry, and South Bay United Pentecostal Church. The churches' request for an...

Duration:00:25:00

Fmr. Trump Appointee Sues Biden Admin.; Axon Faces 9th Cir. Loss

2/6/2021
Former Trump Appointee Sues Biden Administration Mark discusses the complaint just filed in Severino v. Biden over the firing of Trump appointees to the Administrative Conference. Former U.S. Department of Health and Human Services official Roger Severino sued President Joe Biden in D.C. federal court late Wednesday over the Biden administration's efforts to fire him from the Council of the Administrative Conference of the United States following former President Donald Trump's eleventh-hour...

Duration:00:25:00

SCOTUS to Review Railroad Benefits Case; NCLA Scores Win Against Nonbinding Guidance

2/6/2021
SCOTUS to Review Railroad Benefits Case John discusses the significance this week’s SCOTUS decision in the railroad pension case, Salinas v. U.S. Railroad Retirement Board has or administrative law. The Supreme Court of the United States issued an opinion in Salinas v. U.S. Railroad Retirement Board on Feb. 3rd. The case called into question whether the decision of the United States Railroad Retirement Board to administer statutes that deny benefits to a claimant, and then later refuse to...

Duration:00:25:00

Guest Interview: Susan Dudley, GW Regulatory Studies Center; Gamestop's Stock Market Adventure

1/30/2021
Mark interviews the Director of the George Washington University Regulatory Studies Center, Susan Dudley. Together they discuss the process of regulating and the various ways in which the new Biden administration could undo Trump administration regulations, as well as reverse the course of deregulatory efforts over the last four years. Susan writes often about the state of administrative regulation. Read her work here:https://regulatorystudies.columbian.gwu.edu/susan-e-dudley Gamestop's...

Duration:00:24:59

Oral Arguments in Bump Stock Ban Case; Judges Waiting to Retire

1/29/2021
Oral Arguments in Bump Stock Ban Case This week NCLA Litigation Counsel, Caleb Kruckenberg, presented oral arguments in Aposhian v. Barr before the full 10th Circuit Court of Appeals. In this episode, Mark breaks down the argument that ATF's rule banning bump stocks exceeds the agency's legal authority. NCLA represents Mr. Aposhian in challenging this unconstitutional rewriting of a federal statute. The case is not about whether bump stocks should be banned. Instead, it is about whether ATF...

Duration:00:25:00

Biden's Blitz of New EOs; WOW! News of the week.

1/23/2021
Shortly following his inauguration President Joe Biden issued a litany of Executive Orders establishing new policies and reversing old policies from the previous administration. In this episode, Mark and Vec discuss President Biden's Executive Orders and how it will all shake out including Regulatory Guidance, Title IX, Energy Policy, the U.S. Travel Ban, and more. You can read all about these newly minted executive orders here: https://www.whitehouse.gov/briefing-room/presidential-actions/...

Duration:00:25:00

Lesson in Executive Orders + 'Slush Fund' Settlement Payments Reinstated Under Biden

1/23/2021
Presidents sign Executive Orders all the time to state mandatory requirements for the Executive Branch. But most people don't understand how they work and why incoming presidents usually end up overturning most of what their predecessors put in place through these EOs. Mark and Vec provide a civics lesson on the power of executive orders. Later in the episode, we discuss Biden's call on the Justice Department to consider reinstating an Obama-era practice that allowed prosecutors to reach...

Duration:00:25:00

What's in your wallet? The IRS knows; The future of Administrative Law Judges

1/16/2021
In this episode, Mark interviews NCLA Litigation Counsel, Caleb Kruckenberg about our lawsuit against the IRS for acquiring the unbridled power to demand and seize Americans’ private financial information from third parties without any judicial process in defiance of the Fourth and Fifth Amendments and statutory protections. NCLA represents Mr. James Harper in his case against the agency before the United States District Court for the District of New Hampshire. Mr. Harper’s “crime”? Holding...

Duration:00:25:00

Will SCOTUS Protect Donor Privacy?

1/16/2021
In this episode, Vec and Mark discuss the Supreme Court taking AFP v. Becerra and that NAACP v. Alabama should be followed to protect donor privacy. The question presented in this case is whether the holding of NAACP v. Alabama ex rel. Patterson will be applied to modern state attorneys-general who compel disclosure of supporter lists of unpopular organizations without articulating a substantial state interest in obtaining the information. That is, does this hard-won, bedrock civil rights...

Duration:00:25:00

Future of Administrative Regulation Coming from a Biden Administration; Should SCOTUS uphold "Issue Exhaustion?"

1/9/2021
In this episode, Mark runs down some likely “coming attractions” from regulatory actions by the incoming Biden Administration that will bypass Congress. Mark was quoted in this article by Law360 article about the future of administrative action under President-Elect Joe Biden: https://www.law360.com/appellate/articles/1340289/how-the-supreme-court-could-frustrate-biden-s-plans Later in the show, Vec leads a discussion about the problems with requiring “exhaustion” of constitutional issues in...

Duration:00:25:00

Warrantless Surveillance by Admin. State

1/9/2021
In this episode, Vec and Mark discuss the interrelated privacy and Fourth Amendment concerns around warrantless surveillance by the Administrative State. NCLA has taken legal action to combat this issue, you can read about these cases here: https://nclalegal.org/rivers-end-outfitters-et-al-v-department-of-commerce-et-al/ https://nclalegal.org/relentless-inc-et-al-v-u-s-dept-of-commerce-et-al/ https://nclalegal.org/r-calf-usa-v-united-states-department-of-agriculture/ See...

Duration:00:25:00

How 2020 Messed with our Civil Liberties

1/2/2021
Mark and Vec offer the “top 10” violations of civil liberties by federal agencies in 2020. See omnystudio.com/listener for privacy information.

Duration:00:25:00

Governors Gone Wild in 2020

1/2/2021
Mark and Vec discuss the “top 10” violations of civil liberties by state governors in 2020. See omnystudio.com/listener for privacy information.

Duration:00:25:00

Hindsight 2020 at the Highest Court

12/26/2020
Mark discusses the “top 10” cert petitions the Supreme Court should have granted last term but didn’t. See omnystudio.com/listener for privacy information.

Duration:00:25:00

Implications of SCOTUS Census Ruling

12/26/2020
Vec discusses the Supreme Court’s recent census ruling and the implications for congressional reapportionment. See omnystudio.com/listener for privacy information.

Duration:00:25:00

Will CDC extend Eviction Moratorium Order? + No! to Judicial Deference

12/19/2020
Segment I: Mark discusses Voigt v. Coyote Creek Mining Co., LLC and why federal courts should not defer to state agencies; Then Mark and Vec discuss concerns with the nationwide eviction moratorium Segment II: We are on the alert to find out whether the CDC will extend its national eviction moratorium. On September 1, 2020, the U.S. Centers for Disease Control and Prevention (CDC) unexpectedly issued an order claiming to void the laws of all 50 states and stopping all evictions nationwide...

Duration:00:25:00

Massachusetts Supreme Judicial Court Leaves Bay Staters out in the Cold

12/19/2020
What started out as a disease crisis has been aggravated by new threats to the economic, social, educational, spiritual, and constitutional health of the Commonwealth of Massachusetts. Vec interviews NCLA Senior Litigation Counsel, Mike DeGrandis regarding the latest in the case, Dawn Desrosiers, et al. v. Governor Charles D. Baker. Background: In June, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a complaint in Massachusetts Superior Court (SJC) on...

Duration:00:25:00