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Case Opened: June 3, 2024
Focus Area:
Judicial Deference
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Department of Labor
Jurisdiction: N.D. Tex.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Council of the Inspectors General on Integrity and Efficiency
Jurisdiction: E.D. Va.
Role: Counsel
Case Status: Closed
Focus Area:
Administrative Speech Controls
The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.
Agency: Federal Trade Commission
Jurisdiction: N.D. Cal.
Role: Counsel
Case Opened: March 25, 2019
Focus Area:
Judicial Deference
Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Guidance Abuse
Agency guidance is easier to promulgate than formal rules and regulations, so agencies prefer to issue it. Such “guidance” supplies relatively informal indications of how an agency interprets rules and statutes. Although guidance is not permitted to bind Americans (unlike laws made by elected legislators), agencies treat guidance as binding and courts often fail to stop them.
Agency: Bureau of Alcohol, Tobacco, and Firearms | Department of Justice
Jurisdiction: SCOTUS | 5th Cir. | W.D. Tex.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Securities and Exchange Commission
Jurisdiction: SCOTUS | 11th Cir.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Department of Agriculture
Jurisdiction: D. Neb.
Role: Counsel
Case Opened: July 15, 2020
Focus Area:
Unreasonable Searches
The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.
Agency: Internal Revenue Service
Jurisdiction: 1st Cir. | D. NH
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Environmental Protection Agency
Jurisdiction: Fed. Cl.
Role: Counsel
Case Opened: November 2, 2022
Focus Area:
Administrative Speech Controls
The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.
Agency: California Governor
Jurisdiction: E.D. Cal.
Role: Counsel
Case Opened: May 18, 2021
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Department of Transportation
Jurisdiction: N.D. Tex.
Role: Counsel
Case Opened: March 6, 2024
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Financial Industry Regulatory Authority | Securities and Exchange Commission
Jurisdiction: 6th
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Securities and Exchange Commission
Jurisdiction: 5th Cir.
Role: Counsel