Administrative Static Podcast

Challenging the Government’s Censorship of Support Groups for Victims of Covid Vaccine Injuries NCLA has filed a lawsuit challenging the federal government’s ongoing efforts to work in concert with social media companies and the Stanford Internet Observatory’s Virality Project to monitor and censor online support groups catering to those injured by Covid vaccines. This sprawling censorship enterprise has combined the efforts of numerous federal agencies and government actors—including within the White House—to coerce and induce social media platforms to censor, suppress, and label as “misinformation” speech expressed by those who have suffered vaccine-related injuries. Mark interviews NCLA Litigation Counsel Casey Norman on the Complaint filed in Dressen et al. v. Flaherty et al. See omnystudio.com/listener for privacy information.

NCLA’s Amicus Win in Calcutt v. FDIC NCLA Senior Litigation Counsel Russ Ryan joins Mark to describe the U.S. Supreme Court’s per curiam decision in Calcutt v. FDIC, an amicus win for NCLA. Department of Transportation Dismisses Enforcement Action Against NCLA Client The U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) has dismissed its enforcement action against NCLA client Polyweave Packaging Inc. in Polyweave Packaging v. U.S. Dept. of Transportation. NCLA Litigation Counsel Sheng Li explains the recent NCLA victory obtained in Polyweave, wherein the government dismissed all charges against our client. See omnystudio.com/listener for privacy information.

U.S. Circuit Judge Pauline Newman v. Chief Judge Kimberly Moore Without citing any legal authority and prior to the conclusion of any investigation, U.S. Court of Appeals for the Federal Circuit Chief Judge Kimberly Moore has removed fellow U.S. Circuit Judge Pauline Newman from hearing cases for an indefinite period. She has also impeded Judge Newman’s access to chambers phone and computer, and unilaterally decided that the judicial assistant working for Judge Newman “is no longer an employee of the Newman chambers.” Vec discusses NCLA’s new lawsuit, Newman v. Moore, in the U.S. Court of Appeals for the Federal Circuit. Update in Federal Trade Commission v. Precision Patient Outcomes, Inc. The Federal Trade Commission, in its initial filing before the U.S. District Court for the Northern District of California, falsely accused Precision Patient Outcomes, Inc. and CEO Margrett Lewis of unlawfully marketing and selling a dietary supplement called COVID Resist. The problem for FTC is PPO and Ms. Lewis never sold such a product—and FTC knows that. During six months or more of investigation, PPO provided FTC clear proof such sales never happened. Vec discusses NCLA’s latest counterclaims against the Federal Trade Commission in FTC v. PPO. See omnystudio.com/listener for privacy information.

The Durham Report 2023 Mark interviews FDRLST Senior Legal Correspondent Margot Cleveland on U.S. Department of Justice Special Counsel John Durham’s long-awaited report on the Trump-Russia probe. See omnystudio.com/listener for privacy information.

The End of Biden’s Federal Covid-19 Vaccine Mandate On Thursday, the Biden-Harris Administration officially ended the disgraceful Covid-19 vaccine mandates it never should have implemented for federal employees and federal contractors. These unlawful mandates, which were ordered without a vote of Congress, compelled millions of Americans to take an experimental vaccine without their consent—and, for those with naturally acquired immunity, against the medical advice of experts. These mandates violated unwilling recipients’ constitutional rights to bodily integrity and to refuse unwanted medical care, as well as their statutory right to informed consent. Vec and Mark discuss the end of the federal vaccine mandate and its consequences. See omnystudio.com/listener for privacy information.

ATF’s Bump Stock Ban Could be Heading to U.S. Supreme Court The U.S. Department of Justice has filed a petition for a writ of certiorari with the U.S. Supreme Court in Michael Cargill v. Merrick B. Garland, et al. In January, the full Fifth Circuit bench ruled that a bump stock does not fall within the definition of “machinegun” as set forth in federal law. Thus, the Bureau of Alcohol, Tobacco, Firearms and Explosives lacked the statutory authority to issue the Final Rule banning bump stocks. NCLA represents gun shop owner, Army veteran, and firearms instructor Michael Cargill of Austin, Texas. Mark interviews NCLA Senior Litigation Counsel Rich Samp on the government’s cert. petition in Cargill v. Garland. The 14th Amendment Doesn’t Let the President Extend the Debt Limit The Fourteenth Amendment doesn’t let the president extend the debt limit. Mark and Vec discuss. See omnystudio.com/listener for privacy information.

Safety Advocates and Hobby Industry Groups Challenge CPSC’s Unlawful, Irrational Magnet Ban The Consumer Product Safety Commission (CPSC) has approved a draconian new “magnet safety standard” for non-toy products, which broadly bans high-powered hobby magnets for adults. CPSC relied on flawed studies and failed, contrary to the Consumer Product Safety Act (CPSA), to properly account for magnets’ benefits or the costs of removing them from the market. More fundamentally, CPSC is unconstitutionally structured, because it is an independent agency exercising executive power outside the President’s control. NCLA has filed an opening brief in Magnetsafety.org, et al. v. CPSC, asking the U.S. Court of Appeals for the Tenth Circuit to vacate the magnet ban for a second time—this time because it was promulgated in violation of CPSA provisions by an unconstitutionally structured agency. Mark interviews NCLA Senior Litigation Counsel Greg Dolin on NCLA’s new magnet ban lawsuit. Harvard and UNC Face Racial Discrimination Challenge at SCOTUS Students for Fair Admissions, led by long-time affirmative action critic Edward Blum, has sued both Harvard and UNC, and asked the U.S. Supreme Court to overrule its prior decisions and hold that the consideration of race as part of a holistic college admissions process in order to achieve a diverse student body violates the Equal Protection Clause. Vec interviews President Devon Westhill of the Center for Equal Opportunity on the upcoming Supreme Court cases, Students for Fair Admissions v. Harvard and Students for Fair Admissions v. UNC. See omnystudio.com/listener for privacy information.

Will Chevron Deference Be Overturned? The U.S. Supreme Court granted cert in Loper Bright Enterprises, et al. v. Raimondo, et al. and agreed to reconsider Chevron v. NRDC, which instructs courts to defer to a federal agency’s interpretation of an ambiguous law. NCLA filed an amicus brief in support of Loper Bright Enterprises’ petition for a writ of certiorari on behalf of similarly situated clients, Relentless Inc., Huntress Inc., and Seafreeze Fleet LLC, corporations operating in the herring fishery off the coast of New England. NCLA represents amici as parties in Relentless Inc., et al. v. U.S. Dept. of Commerce, et al. Vec comments on the Loper Bright cert grant and the question of whether Chevron deference will be overturned by the Supreme Court. The NYTimes Attack on Chief Justice Roberts U.S. Supreme Court Chief Justice John G. Roberts Jr. informed the Senate Judiciary Committee in a recent letter that he was declining its invitation to testify about ethics rules for the Supreme Court. The New York Times has since then attacked Chief Justice Roberts, claiming that he is unfit to serve on the judiciary. Mark defends Chief Justice Roberts from the New York Times attack for declining to testify before Congress on SCOTUS ethics. See omnystudio.com/listener for privacy information.

NCLA Comment Warns Against FTC’s Novel Assertion of Power in Proposed Non- Compete Rule The Federal Trade Commission’s (FTC) proposed “Non-Compete Clause Rule” would ban the use of non-compete clauses as “an unfair method of competition.” NCLA has filed a Comment objecting to FTC’s attempt to federalize state contract law with virtually no attention to the various interests of the states and market participants developed by the contract law over more than a hundred years. In particular, the Proposed Rule completely ignores the traditional legal analysis of non-competes based on factors such as length of time, subject matter, or geographic scope. Mark and Vec discuss NCLA’s Comment on FTC’s non-compete rule. The Third Annual King George III Prize: “Flagrant Four” NCLA Director of Engagement Clegg Ivey joins Mark and Vec to discuss the “Flagrant Four” in NCLA’s King George III Bracket for worst abuser of civil liberties. See omnystudio.com/listener for privacy information.

Renowned Federal Judge Retains NCLA to Oppose CAFC Chief Judge’s Unlawful Efforts to Oust Her NCLA has written to Chief Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit expressing concern with her efforts to remove fellow U.S. Circuit Judge Pauline Newman. Chief Judge Moore claims that Judge Newman “is unable to discharge all duties of the office by reason of mental or physical disability.” Moore has appointed a three-judge special committee—including herself—to investigate the matter. Mark, Vec, and NCLA Senior Litigation Counsel Greg Dolin discuss the move to remove Judge Newman from the bench. Challenging SEC’s ‘Hotel California’ Administrative Adjudication Regime Since 2014, the U.S. Securities and Exchange Commission (SEC) has been inspecting, investigating, and prosecuting Marian Young and her former investment business Saving2Retire, LLC, with no end in sight. SEC’s adjudication regime has deprived them of a jury trial and the Commission itself is now willfully refusing to decide their appeal from an administrative law judge’s (ALJ) initial decision issued back in August 2019, effectively blocking them from access to federal court review for nearly four years. NCLA has filed a petition on behalf of Ms. Young and her company, asking the U.S. Court of Appeals for the Fifth Circuit to issue a writ of mandamus against the SEC Commissioners in In re Marian P. Young and Saving2Retire, LLC that would compel them to either dismiss the case or else promptly decide the appeal in the agency’s eight-year-old administrative matter. NCLA Senior Litigation Counsel Russ Ryan joins the show to talk through In re Marian P. Young and Saving2Retire, LLC. See omnystudio.com/listener for privacy information.

Federal Trade Commission v. Precision Patient Outcomes, Inc. FTC’s lawsuit against Precision Patient Outcomes, Inc. (PPO), a California-based company which, among other things, develops dietary supplements, and its CEO, Margrett Lewis, is unlawful. NCLA argues FTC cannot rightfully exercise executive power by initiating and prosecuting this lawsuit, especially considering the Justice Department refused to bring this case. Congress cannot empower FTC Commissioners to file lawsuits while shielding them from at-will removal by the President. Vec discusses FTC v. PPO. The Mailbag: Can Congress Impose Public Benefits Subject to Mandatory Arbitration Mark and Vec answer a submitted question on whether Congress can impose public benefits subject to mandatory arbitration. See omnystudio.com/listener for privacy information.

NCLA Wins Big at Supreme Court, Nets Unanimous Decision In an historic ruling, the U.S. Supreme Court has held that Texas Accountant Michelle Cochran has the right to challenge the constitutionality of her Administrative Law Judge’s (ALJ) removal protections in federal court before undergoing an administrative adjudication. NCLA Senior Litigation Counsel Peggy Little joins Vec and Mark to discuss NCLA’s recent Supreme Court win in SEC v. Cochran. See omnystudio.com/listener for privacy information.

Jury Trials in Administrative Hearings NCLA filed an amicus curiae brief in Burgess v. FDIC, et al., urging the U.S. Court of Appeals for the Fifth Circuit to redress the Federal Deposit Insurance Corporation’s (FDIC) unlawful enforcement action against Cornelius Campbell Burgess, which the agency pursued through its in-house administrative court. NCLA argues that FDIC’s allegations must be tried in front of a jury rather than an Administrative Law Judge (ALJ). FDIC’s current ALJ enforcement regime deprives Burgess of his Seventh Amendment right to a jury trial. Mark and Vec discuss jury trials in administrative hearings with NCLA Senior Litigation Counsel Greg Dolin. See omnystudio.com/listener for privacy information.

The King George III Prize: “Elitist Eight” In keeping with the spirit of the madness of March and King George, we started with a bracket of 32 nominees comprising the state and federal agencies and the bureaucrats who committed the worst abuses of civil liberties in 2022. Vec and Mark interview NCLA Director of Engagement Clegg Ivey on the “Elitist Eight.” See omnystudio.com/listener for privacy information.

NCLA and Mackinac Center Challenge ED’s Unlawful Extensions of Pause on Student Loan Payments NCLA has filed a lawsuit, Mackinac Center for Public Policy v. U.S. Department of Education, Miguel Cardona, and Richard Cordray, urging the U.S. District Court for the Eastern District of Michigan to stop the Department of Education’s pause on student loan payments. Congress initially suspended monthly payment obligations and interest accrual on federally held student loans for a period limited to six months in response to the Covid-19 pandemic. That pause expired in September 2020. Mark and Vec talk through NCLA’s new lawsuit, Mackinac Center for Public Policy v. Department of Education, et al., and the ED’s unlawful extensions of pause on student loan payments. See omnystudio.com/listener for privacy information.

NCLA Challenges IG Committee’s Structure and Illegal Interference with Inspector General Operations For three years, Joseph V. Cuffari, a Presidentially-appointed and Senate-confirmed Inspector General (IG) has been endlessly harassed and had his office’s resources drained by a series of baseless inquiries headed by the Council of the Inspectors General on Integrity and Efficiency’s (CIGIE) Integrity Committee (IC). IGs are designed by law to be independent, and the agencies they oversee are not permitted to interfere with their investigations. But the IC and its persecutory approach are unlawfully interfering with Plaintiffs’ legal responsibilities. NCLA has filed a Complaint in Fredricks, et al. v. Council of the Inspectors General on Integrity and Efficiency, et al. in the U.S. District Court for the Eastern District of Virginia challenging CIGIE/IC's investigations, which have had a chilling effect on the Plaintiffs’ work and actions. Mark and Vec discuss NCLA’s Complaint in Fredricks, et al. v. CIGIE, et al. See omnystudio.com/listener for privacy information.

Federal Judge Vacates Dept. of Ed.’s Discriminatory Fulbright Rule Judge David C. Guaderrama of the U.S. District Court for the Western District of Texas has granted Plaintiff Veronica Gonzalez’s Motion for Preliminary Injunction in a lawsuit challenging the U.S. Department of Education’s discriminatory evaluation process for the Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship. NCLA brought Edgar Ulloa Lujan, Samar Ahmad, and Veronica Gonzalez v. U.S. Department of Education, et al. in opposition to the Department’s “native language penalty.” NCLA believes the rule unlawfully discriminates based on national origin, because it essentially disqualifies American citizens who immigrated here from non-English-speaking countries and children of such immigrants from receiving the Fulbright-Hays Fellowship to conduct dissertation research in any country that speaks the language of their national heritage. Mark interviews NCLA Litigation Counsel Sheng Li on his win challenging Fulbright-Hays language requirements. 2023 King George III Prize: The Sour 16 In keeping with the spirit of the madness of March and King George, NCLA has prepared a bracket of 32 nominees comprising the state and federal agencies as well as the bureaucrats who committed the worst abuses of civil liberties in 2022. NCLA Director of Engagement Clegg Ivey joins the show to discuss the nominees who advanced to the Sour 16. See omnystudio.com/listener for privacy information.

In NCLA Amicus Win, Full 5th Cir. Rules Against Biden’s Federal Employee Vaccine Mandate NCLA and its class-action clients in James Joseph Rodden, et al. v. Dr. Anthony Fauci, et al., praise the decision of the en banc U.S. Court of Appeals for the Fifth Circuit to protect the fundamental rights of government workers to refuse unwanted medical treatment as a condition of their employment. The full bench has affirmed the U.S. District Court for the Southern District of Texas’s original injunction stopping President Biden’s unprecedented order. His vaccine mandate had required federal civilian employees to be jabbed, forcing an unwanted medical procedure on them that provides no benefit to those with naturally acquired immunity to Covid-19 and serves no legitimate need of their employer. NCLA filed an amicus brief in this case asking the Fifth Circuit to reinstate a lower court decision that paused the Covid-19 vaccine mandate for federal workers that a split Fifth Circuit panel had vacated in April 2022. Vec and Mark discuss our amicus win in Feds for Medical Freedom v. Biden. Judge Relies on NCLA’s Amicus Brief in Key Ruling Limiting Antitrust Liability Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York has unsealed an opinion in In re Bystolic Antitrust Litigation, dismissing a major antitrust lawsuit for failing to state a claim against eight pharmaceutical companies including Forest Labs (now a part of AbbVie). The decision marked a victory for NCLA, which filed an amicus curiae brief urging dismissal. Judge Liman’s opinion highlighted NCLA’s net-payment argument as a main reason for ruling that the antitrust plaintiffs failed to show that Forest’s payments were “unjustified,” given the services it received in return. Mark interviews NCLA Senior Litigation Counsel Rich Samp on his amicus win in In re Bystolic Antitrust Litigation. See omnystudio.com/listener for privacy information.

The Silicon Valley Bank Bailout On March 10, 2023, Silicon Valley Bank failed, being the second-largest bank failure in U.S. history. The U.S. government then took extraordinary steps to stop the potential banking crisis, assuring all depositors that they could access all their money quickly, even as another major bank was shut down. Vec and Mark discuss the bailout at Silicon Valley Bank. NCLA Comment Encourages Sentencing Commission to Alleviate Harms Inflicted by Judicial Deference NCLA has filed a Comment partially supporting the United States Sentencing Commission’s proposed amendments to the U.S. Sentencing Guidelines. The amendments would address circuit conflicts that have emerged regarding two inchoate offenses. NCLA sees the amendments as a first step to alleviating harm that Stinson deference inflicts. Still, federal judges must stop deferring to Guidelines commentary, because unlike the Guidelines themselves, the Commission’s commentary never receives an up-or-down vote from Congress. NCLA Litigation Counsel Kara Rollins joins to talk through NCLA’s recent Comment filed with the U.S. Sentencing Commission. See omnystudio.com/listener for privacy information.

Federal Judge Rejects Motion to Dismiss NCLA's Government-Induced Censorship Lawsuit In a thorough and well-reasoned decision, Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana has denied government defendants’ motion to dismiss in State of Missouri, et al. v. Joseph R. Biden, Jr., et al. NCLA represents renowned epidemiologists Drs. Jay Bhattacharya and Martin Kulldorff, as well as Dr. Aaron Kheriaty and Ms. Jill Hines, in a lawsuit that has exposed an elaborate, multi-agency federal government censorship regime. NCLA Litigation Counsel Jenin Younes joins the show to discuss the decision in Missouri v. Biden. See omnystudio.com/listener for privacy information.