Administrative Static Podcast

Members of the NCLA team atteneded in The Federalist Society's Twelfth Annual Executive Branch Review Conference (EBRXII) this week. The conference showcased a diverse array of speakers and addressed an extensive range of topics, spanning from overarching government policies to nuanced discussions on environmental law, border security, the relevance of Humphrey's Executor, safeguarding religious freedom in non-discrimination laws, and the principles and challenges surrounding U.S. financial regulations. Mark and Vec are joined by Zhonette Brown who gives her take on the conference and the topics discussed. See omnystudio.com/listener for privacy information.

The EEOC's Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The PWFA went into effect on June 27, 2023 and on April 15, 2024 the EEOC issued its final regulation to carry out the law. The final regulation goes into effect on June 18, 2024. In this episode, Mark, Vec, and Jenin discuss this regulation. See omnystudio.com/listener for privacy information.

NCLA continues to fight on behalf of Honorable Judge Pauline Newman as she faces unjust attempts from her colleagues to remove her from a constitutionally appointed lifetime position as a Federal Cir. Judge. This case isn’t just about restoring her to the bench—it is about the very independence of the federal judiciary and the ability of each federal judge to fulfill the office constitutionally entrusted to her. Mark and Vec are joined by NCLA Senior Litigation Counsel Geg Dolin who provides updates on Judge Pauline Newman’s case against the Judicial Council of the Federal Circuit. See omnystudio.com/listener for privacy information.

NCLA launched a Complaint against the SEC challenging the agency’s unconstitutional “Consolidated Audit Trail.” The CAT is the largest government-mandated mass collection of personal financial data in American history. Without any statutory authority, SEC is forcing brokers, exchanges, clearing agencies and alternative trading systems to capture and send detailed information on every investor’s trades in U.S. markets to a centralized database, which SEC and private regulators can access forever. Mark and Vec are joined by NCLA Senior Litigation Counsel Andrew Morris to discuss this unlawful, unprecedented seizure and mass surveillance scheme. See omnystudio.com/listener for privacy information.

NCLA is proud to announce the Fourth Annual King George III Prize—a campaign to call attention to the most egregious violations of our basic civil liberties by people and institutions responsible for those abuses. In this episode, NCLA's Clegg Ivey joins Mark to discuss the latest brackets in the contest. See omnystudio.com/listener for privacy information.

In NCLA's SEC v. Spartan Securities Group, the SEC brought 14 counts against Appellants, alleging their participation in two schemes to aid and abet the creation of fake publicly traded companies and subsequent issuance of stock between December 2009 and August 2014. After a 12-day trial in July 2021, the jury returned a verdict in favor of Appellants on 13 of the 14 counts charged. The sole remaining count in favor of SEC—that Appellants made materially misleading statements or omissions in connection with the purchase of the issuers’ securities—led the court to award various monetary and equitable remedies, including disgorgement. In this episode, Vec is joined by NCLA's Kara Rollins to discuss the case and the SEC’s request for disgorgement. See omnystudio.com/listener for privacy information.

The government is attempting to dismiss Honorable Judge Pauline Newman’s lawsuit in district court over unjust attempts from her colleagues to remove her from a constitutionally appointed lifetime position as a Federal Circuit Judge. Vec and Jenin are joined by NCLA's Greg Dolin who provides updates on Judge Newman's case. See omnystudio.com/listener for privacy information.

NCLA has long been challenging the Biden Administration's unlawful student loan forgiveness scam as it undermines Congress and costs Americans billions in taxes. In this episode, Vec and Jenin are joined by NCLA's Sheng Li to discuss the recent updates in the President's plan. See omnystudio.com/listener for privacy information.

NCLA is proud to announce the Fourth Annual King George III Prize—a campaign to call attention to the most egregious violations of our basic civil liberties by people and institutions responsible for those abuses. In this episode, NCLA's Clegg Ivey joins Mark to discuss the latest brackets in the contest. See omnystudio.com/listener for privacy information.

The New Civil Liberties Alliance has filed a petition with the Ninth Circuit to review the SEC’s denial of our long-standing petition to amend the agency’s “Gag Rule.” In place for over five decades, this pernicious rule forbids every American who settles a regulatory enforcement case with SEC from even truthfully criticizing their cases in public. Representing several SEC enforcement targets silenced by the Gag Rule, NCLA’s Peggy Little talks with Vec about the petition and this egregious trampling of First Amendment rights. See omnystudio.com/listener for privacy information.

In Høeg v. Newsom, NCLA represents several California physicians whose First Amendment rights were violated by Assembly Bill (AB) 2098—a law that subjected physicians to discipline for giving patients advice about Covid-related matters that didn’t comport with the “scientific consensus.” Many bad government actors have avoided facing legal consequences for unconstitutional actions by abusing the mootness doctrine. In this episode, NCLA’s Jenin Younes discusses the recent oral argument in Høeg v. Newsom and the exploitation of the mootness doctrine. See omnystudio.com/listener for privacy information.

In Reid v. James Madison University, NCLA represents Alyssa Reid, a former forensics coach at James Madison University whose case provides yet another example of how Title IX has been hijacked and weaponized to exact revenge for a bad breakup. NCLA’s complaint argues that the actions of James Madison University, assisted by the Dept. of Education, deprived Ms. Reid of her rights and entitlements as protected by the constitutions of both the United States and the Commonwealth of Virginia, as well as by Title IX itself. In this episode, NCLA’s Greg Dolin joins Mark to discuss the case. See omnystudio.com/listener for privacy information.

NCLA filed a Complaint urging the U.S. District Court for the Southern District of Texas to declare that the Public Company Accounting Oversight Board is a private entity unlawfully exerting government power. The unconstitutionally structured Board exercises sweeping legislative, executive, and pseudo-judicial power bestowed by the Sarbanes-Oxley Act of 2002, but it is staffed entirely by non-governmental private citizens who are subject to very little direction, oversight, or supervision from federal officials. This arrangement violates Article I, Sec. 1 of the U.S. Constitution. Mark is joined by NCLA's Russ Ryan to discuss the case. See omnystudio.com/listener for privacy information.

The Biden Administration’s illegal plan to unilaterally cancel student loan debt is getting pushback in the courts from NCLA. NCLA represents the Cato Institute, a nonprofit organization that promotes individual liberty, limited government, free markets, and peaceful international relations. The complaint argues the Biden Administration’s arbitrary one-time student loan debt cancellation scheme violates the Constitution’s Appropriations and Vesting clauses, infringing on Congress’ sole power of the purse. The program abuses the Department of Education’s discretionary power and must be set aside. Mark is joined by NCLA's Russ Ryan to discuss the case and the recent oral argument. See omnystudio.com/listener for privacy information.

NCLA has filed an opening brief in National Center for Public Policy Research v. SEC urging the en banc U.S. Court of Appeals for the Fifth Circuit to set aside Nasdaq’s unconstitutional “Board Diversity Rules,” which SEC promulgated without statutory authority. These Rules impose gender, race and sexual orientation quotas on corporate board membership for Nasdaq-listed companies. Further, the Rules compel companies that fail to meet their board seat quotas to explain why or face involuntary delisting from the stock exchange. A Fifth Circuit panel had upheld the Board Diversity Rules, but the en banc court granted NCLA’s request to rehear the case. In this episode, Mark, Vec, and Jenin are joined by NCLA's Peggy Little to discuss the case. See omnystudio.com/listener for privacy information.

NCLA has petitioned the U.S. Supreme Court for a writ of certiorari in Changizi v. HHS, a lawsuit combating the government’s unconstitutional assault on freedom of speech. NCLA’s petition asks the Court to resolve a circuit split between the Fifth and Sixth Circuits on what plaintiffs must show to satisfy Article III standing in censorship cases against the government. Officials in the Department of Health and Human Services (HHS) have violated the First Amendment by directing social media companies to censor viewpoints that conflict with HHS’s Covid-19 messaging. The petition urges the Court to overturn the U.S. Court of Appeals for the Sixth Circuit ruling that NCLA clients Mark Changizi, Michael Senger, and Daniel Kotzin lacked standing to challenge the censorship regime that silenced them. Mark and Vec discuss the case in this latest episode. See omnystudio.com/listener for privacy information.

NCLA is proud to announce the Fourth Annual King George III Prize—a campaign to call attention to the most egregious violations of our basic civil liberties by people and institutions responsible for those abuses. In keeping with the spirit of March Madness and King George, we are introducing two tournament brackets: one with 16 nominees comprising the state and federal agencies and officials who committed the worst abuses of civil liberties in 2023 and a second bracket devoted exclusively to 16 state and federal officials who dedicated their efforts to censorship and violating the First Amendment in 2023. In this episode, NCLA's Clegg Ivey joins Mark to discuss the contest. See omnystudio.com/listener for privacy information.

Administrative adjudication is an unconstitutional system! It evades almost all of the procedural rights guaranteed under the Constitution. It subjects Americans to biased adjudication without real judges or juries and denies them their right to due process. NCLA's Mark Chenoweth provided full testimony before the House Judiciary Committee last week on reining in agency adjudication and discuss in this episode. See omnystudio.com/listener for privacy information.

The Supreme Court heard oral argument in NCLA's Murthy v. Missouri, considering whether to uphold a historic preliminary injunction granted by the U.S. Court of Appeals for the Fifth Circuit. The injunction, temporarily stayed by the Court, would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech. The injuries to NCLA’s clients—Drs. Jayanta Bhattacharya, Aaron Kheriaty, and Martin Kulldorff, and Ms. Jill Hines—supplied standing for many of the arguments made in the courtroom, urging the Court to uphold the injunction in defense of Americans’ First Amendment rights. In this episode, Mark and Vec discuss the oral argument and the case. See omnystudio.com/listener for privacy information.

The Supreme Court heard oral argument in NCLA's Murthy v. Missouri, considering whether to uphold a historic preliminary injunction granted by the U.S. Court of Appeals for the Fifth Circuit. The injunction, temporarily stayed by the Court, would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech. The injuries to NCLA’s clients—Drs. Jayanta Bhattacharya, Aaron Kheriaty, and Martin Kulldorff, and Ms. Jill Hines—supplied standing for many of the arguments made in the courtroom, urging the Court to uphold the injunction in defense of Americans’ First Amendment rights. In this episode, Mark and Vec discuss the oral argument and the case. See omnystudio.com/listener for privacy information.