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Administrative Static Podcast

Administrative Static

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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.
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The U.S. District Court for the Eastern District of Texas has denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s requ…
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The U.S. Court of Appeals for the Eighth Circuit upheld the dismissal of Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling that the six-year statute of limitations to challenge the rule had already expired. However, Corner Post did not exist until more than six years after the rule issued, and it filed suit less than four years…
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A House Financial Services Committee recently held a hearing titled 'SEC Enforcement: Balancing Deterrence with Due Process.' The hearing focused on a number of issues that NCLA has been litigating, such as denial of due process rights through in-house adjudications, lack of jury trial rights, abusive processes in SEC investigations, use of disgorg…
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The House Subcommittee on the Weaponization of the Federal Government convened a hearing pertinent to two of NCLA's cases challenging the government's unconstitutional infringement on freedom of speech—Murthy v. Missouri and Changizi v. HHS. The hearing scrutinized the Biden White House's censorship policies implemented during the COVID-19 pandemic…
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When a federal judge accedes to an agency's interpretation of the law, it essentially deprives the non-governmental party involved in the litigation of due process. Moreover, such deference undermines the judge's Article III mandate to uphold judicial independence. The notion of Chevron deference becomes particularly untenable when considering thes…
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In their latest episode, Vec, Mark, and Jenin delve into the contentious firing of Martin Dickman, the inspector general of the U.S. Railroad Retirement Board (RRB), by the Biden Administration. Questions surrounding allegations of creating a "hostile work environment" have drawn scrutiny, prompting Senator Chuck Grassley to address the lack of cla…
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NCLA has filed a Complaint in the U.S. District Court for the District of New Mexico, challenging the U.S. Department of Labor’s vague new independent contractor rule. Promulgated earlier this year, the rule distorts the standard for determining if someone hired by a company can be classified as an independent contractor, instead of an employee sub…
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Vec recently attended the SCOTUS argument in the case of Trump v. United States. This pivotal case aims to define the scope of immunity for former presidents regarding potential criminal prosecution for actions allegedly tied to their official duties while in office. In this episode, Mark and Vec discuss the highlights of the oral argument and case…
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NCLA has filed a motion seeking a preliminary injunction from the U.S. District Court for Eastern District of Texas to stop one of the most egregious violations of free speech and free press rights in history. The U.S. State Department has funded the development, testing, and marketing of censorship technology used to suppress First Amendment-prote…
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NCLA filed an amicus curiae brief in U.S. v. Pheasant, urging the U.S. Court of Appeals for the Ninth Circuit to affirm a decision barring the Bureau of Land Management (BLM) from wielding legislative power to criminalize activity on public lands. Gregory Pheasant was charged with three violations of BLM rules for allegedly failing to use a taillig…
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NCLA has filed an amicus curiae brief in Cigar Association of America v. FDA, urging the U.S. Court of Appeals for the District of Columbia Circuit to reject the “remand without vacatur” legal doctrine. This dubious practice allows administrative agencies to continue enforcing rules the court has just declared unlawful. The doctrine creates a legal…
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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 relevanc…
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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…
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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 feder…
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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 an…
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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 inf…
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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/listen…
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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 Appella…
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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.…
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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 inf…
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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.…
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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 conseque…
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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, …
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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 A…
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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…
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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 member…
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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 ag…
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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…
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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 wee…
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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), …
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NCLA has filed a brief opposing summary judgment in its client Dr. Mukund Vengalattore’s lawsuit alleging that Cornell University’s biased and faulty sexual misconduct investigation discriminated against him in violation of Title IX and defamed him. Cornell’s scheme was driven in part by the university’s Title IX office, which succumbed to pressure…
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The New Civil Liberties Alliance is challenging the Massachusetts Department of Public Health (DPH) in federal court for coordinating with Google to automatically install spyware on the smartphones of more than one million Commonwealth residents, without their knowledge or consent, in a misguided effort to combat Covid-19. Mark is joined by Litigat…
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The Internal Revenue Service unlawfully seized financial records of New Civil Liberties Alliance client James Harper and thousands of others from a cryptocurrency exchange through abuse of a “John Doe” summons, without notifying account holders so they could contest the summons. IRS took Mr. Harper’s documents without any individualized suspicion t…
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NCLA has petitioned SCOTUS to hear Norris v. Stanley regarding Michigan State University’s unlawful and unscientific Covid-19 vaccine mandate. MSU fired two of NCLA’s three clients, all of whom had naturally acquired immunity to Covid, for refusing the vaccine. By conditioning their public employment on receiving unnecessary medical treatment, MSU …
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NCLA settled with DOE and the Energy Information Administration to formally end an attempt to force cryptocurrency mining companies including members of the Texas Blockchain Council to hand over sensitive information about their operations through a mandatory Cryptocurrency Mining Facilities Survey. NCLA alleged that the Office of Management and Bu…
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NCLA has petitioned the U.S. Sixth Circuit Court of Appeals for a writ of mandamus to force the SEC to stop delaying its ruling on our client Eric S. Smith’s appeal of an unlawful Financial Industry Regulatory Authority disciplinary decision. FINRA banned Mr. Smith from the securities brokerage industry for life and heavily fined him based on fault…
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NCLA filed a Complaint in the U.S. District Court for the Middle District of Tennessee challenging the Public Company Accounting Oversight Board’s secret, unaccountable, and inherently biased prosecutorial processes. PCAOB has investigated and brought a secret prosecution aiming to brand NCLA’s client a wrongdoer, strip away his livelihood and impo…
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NCLA filed an amicus curiae brief at the Supreme Court in Starbucks Corp. v. McKinney, a case challenging a deferential legal standard that allows the National Labor Relations Board to enjoin a company’s conduct without showing that it likely broke the law. NLRB can initiate an administrative enforcement proceeding and then obtain a preliminary inj…
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Last week, former Texas Solicitor General Jonathan Mitchell presented oral argument to the Supreme Court in NCLA's Garland v. Cargill case, demonstrating that ATF's unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” NCLA’s client, Texas gun shop owner, and Army veteran Michael Cargill, appeared in the courtroom and…
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The Eighth Circuit upheld the dismissal of Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling that the six-year statute of limitations to challenge the rule had already expired. However, Corner Post did not exist until more than six years after the rule issued, and it filed suit less than four years after opening for business. N…
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This week, NCLA will be presenting oral argument before SCOTUS in Garland v. Cargill, a case that challenges ATF’s unlawful expansion of the statutory definition of a “machinegun.” Mark and Vec preview the upcoming oral argument in Garland v. Cargill before the highest court in the land. See omnystudio.com/listener for privacy information.…
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NCLA filed an amicus curiae brief in American Securities Association v. Securities and Exchange Commission, urging the Eleventh Circuit to set aside an SEC order requiring financial industry broker-dealers to fund a “Consolidated Audit Trail” (CAT) that Congress never authorized. Unless the Court intervenes to stop it, these costs will be passed on…
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The U.S. Court of Appeals for the Fifth Circuit has agreed to an en banc rehearing of NCLA’s National Center for Public Policy Research v. SEC lawsuit challenging “Board Diversity Rules” that SEC promulgated without statutory authority. These rules impose race, gender, and sexual orientation quotas on corporate board membership for companies listed…
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NCLA has filed a petition urging SCOTUS to hear Metal Conversion Techs. v. DOT and decide that courts can equitably toll statutory deadlines to forestall agencies from tricking their enforcement targets. Metal Conversion Technologies is a family-owned company that the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Admin…
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NCLA filed an amicus curiae  brief asking the Fifth Circuit to rehear the case of Consumers’ Research v. CPSC en banc to decide whether CPSC’s structure is unconstitutional. CPSC Commissioners unquestionably wield executive power, yet the President cannot remove them at will. Mark and Vec discuss why the Fifth Circuit should correct this glaring ar…
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