Administrative Static Podcast

NCLA’s Four Cert Petitions Before the Supreme Court Mark explains the four cert petitions NCLA clients have before the U.S. Supreme Court. The Threats Facing Judges After a Supreme Court draft opinion in Dobbs v. Jackson Women’s Health was leaked, activists published the addresses of some of the justices’ homes and organized protests outside of them. Some also posted threats of violence against them on social media platforms. Vec discusses threats to U.S. federal judges for doing their jobs....

NCLA Files Lawsuit Against Discriminatory Fulbright Rule A complaint filed by NCLA argues the U.S. Department of Education’s application process for the Fulbright-Hays Fellowship unlawfully discriminates based on applicants’ nation of origin. NCLA represents the plaintiffs in Samar Ahmad and Edgar Ulloa Lujan v. U.S. Department of Education, et al., which asks the U.S. District Court for the Western District of Texas to declare this process unconstitutional and not authorized by the...

Federal Agencies and Regulatory Overreach Mark and Vec discuss the tendency of agencies to address problems they were not set up to tackle. The Supreme Court’s Unprecedented Leak A Supreme Court draft opinion written by Justice Samuel Alito that was leaked and published on Monday by Politico indicated the court might be preparing to overturn Roe v. Wade, the 1973 precedent that established a constitutional right to an abortion. Mark and Vec discuss the unprecedented SCOTUS draft leak, which...

NCLA Files Appeal in Gulf of Mexico Charter Boat Class-Action Lawsuit NCLA has filed its opening brief in its appeal to the U.S. Court of Appeals for the Fifth Circuit on behalf of more than 1,300 federally permitted charter boat owners in the class-action lawsuit, Mexican Gulf Fishing Company, et al. v. Dept. of Commerce, et al. The appeal challenges a Final Rule issued by the National Marine Fisheries Service (NMFS) pursuant to the Magnuson-Stevens Act. It requires 24-hour GPS tracking of...

What is “Cassell” Deference? Ever heard of “Cassell” deference? Us neither. But it’s a problem. Mark and Vec explain. NCLA’s King George III Prize Enters ‘Elitist Eight’ Round The KGIII prize is NCLA’s campaign to call attention to the most egregious violations of our basic civil liberties by highlighting the people and institutions responsible for those abuses. Starting with 32 nominees, we’ve now shaved the bracket down to the final eight nominees. Mark and Clegg Ivey, NCLA’s Director of...

NCLA Files for Preliminary Injunction in Twitter Censorship Case NCLA has filed a motion for a preliminary injunction in Changizi v. HHS,a lawsuit challenging Government directed censorship of Twitter users who spread so-called “misinformation” about Covid-19. Absent a preliminary injunction, Plaintiffs will suffer irreparable harm in the form of continued violations of their First Amendment and statutory rights, as well as the prospect of their private information being handed over to the...

SCOTUS Upholds Government’s Power to Deny Puerto Ricans Federal Benefits The Supreme Court on Thursday rejected a bid to extend a federal program offering benefits to residents of Puerto Rico, finding that Congress had the authority to deny that assistance. Vec discusses administrative programs and American territories in U.S. v. Madero. Professor Philip Hamburger Joins the Show to Discuss Purchasing Submission Mark interviews Professor Hamburger, founder of NCLA, on his new book,...

Vega v. Tekoh and Miranda Rights Terence Tekoh worked as a patient transporter in a hospital in Los Angeles. After a patient accused him of sexual assault, hospital staff reported the allegation to the Los Angeles Sheriff’s Department. Deputy Carlos Vega went to the hospital to question Tekoh and take his statement. Although the parties described vastly different accounts of the nature of the interaction between Tekoh and Vega, it is undisputed that Vega did not advise Tekoh of his Miranda...

Elon Musk’s Twitter Takeover Bid Elon Musk has announced an offer to take Twitter Inc. private in a deal valued at $43 billion deal in a filing with the U.S. Securities and Exchange Commission on Thursday, after turning down the chance to take a board seat at the company. Musk first disclosed a stake of about 9% on April 4, at the time making him the largest individual investor. Mark discusses the implications of Musk’s Twitter takeover bid. Taking Issue With Calls for Justice Thomas’s...

Fifth Circuit Reverses Injunction in Feds for Medical Freedom Lawsuit On Thursday, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring the implementation of Executive Order 14043, which mandates COVID-19 vaccination for all executive branch employees, subject to medical and religious exceptions. Vec explains the Court’s decision in Feds for Medical Freedom v. Biden. NCLA Files Opening Brief in Polyweave v. U.S. Department of Transportation...

Justice Roberts Joins Dissent Criticizing SCOTUS Shadow Docket Orders This week, the Supreme Court issued an “emergency” ruling in Louisiana v. American Rivers. Chief Justice John Roberts joined the dissent criticizing the Court’s use of the “shadow docket.” Vec discusses the dissent. Academy Award Best Picture Film Depicts Regulations on Fishing Industry Oscar best picture winner for original film, “CODA,” highlights the devastating effects of government regulations on the fishing industry....

Bombshell in SEC Lawsuit Mark reveals a bombshell in SEC v. Michelle Cochran. The agency has disclosed that its enforcement staff accessed documents in at least two adjudicatory matters currently in litigation in federal court, including Cochran. NCLA represents Michelle Cochran in a lawsuit challenging the constitutionality of SEC’s in-house Administrative Law Judges, who enjoy multiple layers of protection from removal by President Biden. SEC released a statement this week admitting that...

Supreme Court Urged to Review Cochran NCLA filed an early response to the U.S. Securities and Exchange Commission’s (SEC) March 11 petition for a writ of certiorari in SEC v. Michelle Cochran. NCLA argues that the U.S. Supreme Court should reject the government’s request to hold the Cochran case pending a decision in Axon Enterprise, Inc. v. FTC; instead, it should grant plenary review in Cochran and consolidate the case with Axon for argument next fall. Mark reveals the latest machinations...

Federal Government Forces Social Media Companies to Censor Americans Mark Changizi, Daniel Kotzin, and Michael Senger each had or have Twitter accounts with tens of thousands of followers or more. Their Twitter platforms provided them with a social network, and an outlet to express their views, to hear the views of others, and to engage with detractors and fans alike. Outrageously, the U.S. Surgeon General and the Department of Health and Human Services (HHS) have directed social media...

Update on NCLA’s King George III Bracket Competition NCLA’s Director of Engagement Clegg Ivey joins Mark to discuss the King George III Prize bracket contest. The King George III Prize is a campaign calling out the most egregious violations of our basic civil liberties by highlighting the officials and institutions responsible for those abuses. Check out the brackets and cast your vote for the winner at https://nclalegal.org/king-george-iii-prize/! Fourth Circuit Split in U.S. v. Moses John...

Judge Ketanji Brown Jackson Faces SCOTUS Confirmation Hearings President Biden nominated Judge Ketanji Brown Jackson as Associate Justice of the U.S. Supreme Court in the last week of February. She could be the first black woman confirmed in a higher court. John discusses last week’s SCOTUS confirmation hearings for Judge Jackson. NCLA Files Cert. Petition in Romeril v. SEC NCLA has filed a petition for a writ of certiorari with the U.S. Supreme Court in Romeril v. SEC, seeking a review of...

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NCLA Launches Second Annual King George III Bracket Competition NCLA’s Director of Engagement, Clegg Ivey, joins Mark to discuss the King George III Prize bracket contest. The King George III Prize is a campaign calling out the most egregious violations of our basic civil liberties by highlighting the people and institutions responsible for those abuses. Join us as we thumb our noses at these runaway regulators, officious bureaucrats, and god-complex governors. Watch gleefully as we force...

Positive Developments in Lawsuit Backing RI Oral Surgeon The Rhode Island Department of Health (RIDOH) has dismissed a Compliance Order that shut down Dr. Stephen Skoly’s practice last October for not complying with Rhode Island’s vaccine mandate for healthcare workers. NCLA’s lawsuit on behalf of Dr. Skoly pressured the state to allow him to get back to serving his patients. Dr. Skoly, one of Rhode Island’s few oral and maxillofacial surgeons—whose services are critical to the community—has...

SEC Feuds With Tesla CEO Elon Musk Over Tweets In August of 2018, SEC sued Tesla CEO Elon Musk after he tweeted that he had “funding secured” to potentially take Tesla private at $420 per share. The settlement that followed included a $20 million fine for Tesla and a $20 million personal fine for Musk—both of which were to be distributed to shareholders for a total $40 million payout. Additionally, Musk was hit with a “consent order,” which requires a Tesla lawyer to review his tweets before...