Amicus Briefs
Oracle America Inc. v. U.S. Department of Labor
CASE SUMMARY
NCLA filed an amicus brief in the U.S. District Court for the District of Columbia in support of Oracle’s case against the Department of Labor (DOL). Oracle challenged a portion of the regulations that set up the enforcement and adjudication system in the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).
NCLA objected to OFCCP’s regulatory regime, because Congress never authorized DOL to internally adjudicate race or sex discrimination claims. Therefore, NCLA believed the Court had to grant Oracle summary judgment, and OFCCP had to stop prosecuting these cases internally unless Congress authorized it.
NCLA is concerned with DOL’s use of unconstitutional ALJs at OFCCP. Like ALJs at SEC , DOL’s ALJs enjoy more than one layer of for-cause removal protection. The Supreme Court has held multiple layers of protection from removal to be a violation of Article II’s Take Care Clause, which obliges the President to ensure that the laws are faithfully enforced. The Supreme Court has ruled that the President is handicapped in carrying out that duty if his executive officers (like ALJs) are too difficult to remove.
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Oracle America, Inc.’s Motion for Summary Judgment
May 1, 2020 | Read More
PRESS RELEASES
NCLA Amicus Brief Exposes Decades-Old Unconstitutional Enforcement Regime at DOL
May 4, 2020 | Read More
IN THE MEDIA
Midnight Regulation: The State of Regulations thru January 20 is Uncertain
NCLA Blog
December 18, 2020