by nclaadmin | Oct 11, 2019 | Opinion, Peggy Little
President Trump’s two executive orders bring federal agency guidance out of the darkness and promote transparency and fairness. Peggy Little, senior litigation counsel with the New Civil Liberties Alliance, says they should be cheered by Americans across political...
by nclaadmin | Oct 10, 2019 | Michael P. DeGrandis, Opinion
President Donald Trump just announced two executive orders to rein in unlawful administrative state action. The first order declares that its goal is “to ensure that Americans are subject to only those binding rules imposed through duly enacted statutes or...
by nclaadmin | Oct 9, 2019 | Harriet Hageman, Opinion
Despite the fact that the Constitution and Administrative Procedure Act prohibit the practice, federal agencies often engage in the commonplace tactic of issuing informal interpretations, factsheets, and other forms of “guidance,” to force compliance with a slew of...
by Joseph Pimentel | Jul 24, 2019 | Mark Chenoweth, Opinion, Peggy Little
The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...
by Joseph Pimentel | Jul 8, 2019 | Caleb Kruckenberg, Opinion
Originally published in Washington Examiner on July 8, 2019Robert Shipp is serving the remainder of a federal prison sentence on an ankle monitor in Chicago, Illinois. But Shipp is being held unlawfully by the U.S. Bureau of Prisons.Even though he was due to be...
by Joseph Pimentel | Jul 1, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 30, 2019 Chief Justice John Roberts lent the crucial fifth vote to uphold so-called Auer deference (solely on stare decisis grounds) in last week’s Kisor v. Wilkie case at the U.S. Supreme Court. In so doing, he wrote that “the...
