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Administrative Static Podcast

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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
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NCLA Asks Supreme Court to Block Education Dept.’s Latest Illegal Scheme to Cancel Student Loan Debt

7/20/2024
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.

Duration:00:12:30

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NCLA Challenges Government’s Censorship of Support Groups for Victims of Covid Vaccine Injuries

7/20/2024
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.

Duration:00:12:30

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NCLA Asks Eighth Circuit to Reject Blanket Immunity for Federally Cross-Deputized State Police Officer

7/20/2024
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.

Duration:00:12:30

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Tenth Circuit Overturns NCLA Client’s Wrongful Conviction Under USFS Regulation for Instagram Post

7/20/2024
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.

Duration:00:12:30

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In Landmark Victory for Civil Liberties, NCLA Persuades Supreme Court to Overturn Chevron Deference

7/13/2024
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.

Duration:00:12:30

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In Landmark Victory for Civil Liberties, NCLA Persuades Supreme Court to Overturn Chevron Deference

7/13/2024
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.

Duration:00:12:30

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In NCLA Amicus Win, Supreme Court Upholds Small Business’s Right to Judicial Review

7/13/2024
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.

Duration:00:12:30

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In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury

7/13/2024
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.

Duration:00:12:30

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Supreme Court Issues Troubling Decision in NCLA Case Against Censorship Industrial Complex

6/29/2024
The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General’s office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, expresses disappointment over the Court's decision, which narrows Americans' First Amendment rights. Mark, Vec, and Jenin discuss where the Justices stood on this ruling in this latest episode. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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Supreme Court Issues Troubling Decision in NCLA Case Against Censorship Industrial Complex

6/29/2024
The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General’s office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, expresses disappointment over the Court's decision, which narrows Americans' First Amendment rights. Vec and Jenin discuss the ruling in this latest episode. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury

6/29/2024
The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC’s administrative prosecution regime. The Court affirmed the Fifth Circuit’s decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.’s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance’s amicus brief, marks a significant victory for civil liberties and limits the SEC’s abuse of power. Mark, Vec, and Jenin continue to discuss the win in this episode and dig into an interesting footnote. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury

6/29/2024
The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC’s administrative prosecution regime. The Court affirmed the Fifth Circuit’s decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.’s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance’s amicus brief, marks a significant victory for civil liberties and limits the SEC’s abuse of power. Mark, Vec, and Jenin celebrate the victory in this latest episode. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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NCLA Files Motion After COVID Email Revelations

6/24/2024
As we anticipate the Supreme Court's decision in Murthy v. Missouri, NCLA's Jenin Younes has filed a motion in district court citing Congressional testimony revealing that Senior Advisor Dr. David Morens and Dr. Anthony Fauci used personal email accounts to evade Freedom of Information Act (FOIA) requests during the pandemic. Mark and Jenin delve into the details of this motion in their latest episode. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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NCLA Asks Eighth Circuit to Vacate SEC’s Unconstitutional New Climate Disclosure Rules

6/24/2024
NCLA has filed a joint opening brief in National Center for Public Policy Research v. SEC, urging the U.S. Eighth Circuit Court of Appeals to strike down new SEC rules requiring extensive climate-related disclosures by public companies. This challenge is combined with U.S. Chamber of Commerce v. SEC, where Gibson Dunn & Crutcher LLP represents the petitioners. NCLA represents the National Center for Public Policy Research alongside the U.S. Chamber of Commerce, Texas Association of Business, and Longview Chamber of Commerce, arguing against the SEC's unconstitutional push for climate activism at the expense of civil liberties. Mark, Jenin, and Senior Litigation Counsel Andrew Morris discuss the case in their latest episode. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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NCLA Asks Supreme Court to Force U.S. Patent Office Back to Using Notice-and-Comment Rulemaking

6/24/2024
NCLA has filed an amicus curiae brief urging the Supreme Court to consider Chestek PLLC v. Vidal and prevent the U.S. Patent and Trademark Office from bypassing notice-and-comment rulemaking. It is crucial that rules with significant economic impact are not issued without public input or consideration of all relevant information. The U.S. Court of Appeals for the Federal Circuit's decision below was erroneous as it effectively nullified a statute requiring the PTO to undergo notice-and-comment procedures before establishing rules. NCLA seeks Supreme Court intervention to correct this and reinstate the PTO's mandated accountability to the public. In their latest episode, Mark, Jenin, and Senior Litigation Counsel Greg Dolin discuss the details of the amicus brief. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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NCLA Asks Ninth Circuit to End SEC’s Illegal Gag Rule

6/24/2024
NCLA has submitted an opening brief in Powell v. SEC, urging the U.S. Court of Appeals for the Ninth Circuit to overturn the SEC’s refusal to amend its long-standing "Gag Rule." The rule, in place for over five decades, prohibits individuals who settle regulatory enforcement cases with the SEC from publicly criticizing their cases, even truthfully, for life. NCLA represents SEC enforcement targets affected by this rule and media organizations seeking to report on their experiences. After NCLA's initial petition challenging the Gag Rule was ignored for more than five years, the SEC only responded with a denial after NCLA filed a renewed petition in December. NCLA is now challenging this denial to stop the SEC from infringing on First Amendment rights. Mark, Jenin, and Senior Litigation Counsel Peggy Little discuss the case and the detrimental impact of the SEC's Gag Rule. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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Tenth Circuit Clears Path to Toppling Intrusive Dog Kennel Inspection Regime

6/17/2024
The U.S. Court of Appeals for the Tenth Circuit has reversed a district court decision in Johnson v. Smith that upheld a Kansas state law authorizing intrusive warrantless searches for dog training and handling businesses. NCLA filed an amicus curiae brief explaining that the warrantless-search law infringes the Appellants’ Fourth Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While the Tenth Circuit affirmed the district court’s dismissal of the Appellants’ claim that the state law violates their right to travel, it remanded the case to the lower court to determine whether the Fourth Amendment authorizes warrantless searches of dog training and handling businesses—the issue we briefed. In this episode, Mark and John celebrate the win and discuss the case See omnystudio.com/listener for privacy information.

Duration:00:12:30

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Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard

6/17/2024
The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law. Justice Thomas authored the Court’s opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary injunctions unless the NLRB meets four requirements: (1) it is likely to succeed on the merits; (2) it would suffer irreparable injury absent an injunction; (3) the balance of equities favors an injunction; and (4) an injunction serves the public interest. Today’s decision overrules the five federal circuits that have been applying a relaxed standard when NLRB seeks a preliminary injunction, permitting it to punish an employer based on legal and factual allegations that are most likely meritless. In this episode, Mark, John, and Jenin discuss celebrate the victory and discuss the case. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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NCLA Digs Deeper Into SCOTUS Victory in Garland v. Cargill and the Definition of a "machinegun"

6/15/2024
The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns. NCLA commends the high court for permanently setting ATF’s ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress. Mark, John, and Jenin celebrate this victory and dive into the case and the meaning of "machineguns" in this latest episode. See omnystudio.com/listener for privacy information.

Duration:00:12:30

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SCOTUS decision in Garland v. Cargill affirms ATF Cannot Alter a Statute’s Meaning

6/15/2024
The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns. NCLA commends the high court for permanently setting ATF’s ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress. Mark and John celebrate this historic victory in this latest episode. See omnystudio.com/listener for privacy information.

Duration:00:12:30