by judy.pino@ncla.legal | Mar 16, 2020 | Case Documents
NCLA asks the Arkansas Supreme Court to stop judges in the state from giving “great deference” to the Department of Finance and Administration in a post-2009 Arkansas tax procedure case. Granting “great deference” to an agency’s statutory interpretations violates both...
by judy.pino@ncla.legal | Mar 11, 2020 | Case Documents
In this case, NCLA is particularly disturbed that the Ninth Circuit Court of Appeals has willfully opted out of deciding a matter as simple—but gravely consequential— as whether it is unconstitutional for a police officer to use the cover of a search warrant to steal...
by judy.pino@ncla.legal | Mar 9, 2020 | Case Documents
NCLA states that in adopting the Affordable Care Act (ACA), Pub. L. 111-148 (2010), Congress improperly delegated to the administrative state the power to write laws governing the conduct of health insurance providers. Administrative agencies responded to that...
by judy.pino@ncla.legal | Mar 5, 2020 | Case Documents
In this case, NCLA takes issue with the United States Department of Agriculture’s (“USDA”) use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers. NCLA represents clients before the Fifth, Ninth, and Eleventh Circuits who are...
by NCLA | Jan 7, 2020 | Case Documents
This case is particularly important to NCLA. It is disappointed that three judges on the Fifth Circuit would eschew their fundamental duty “to say what the law is” and defer to agency interpretations of statutes under the Chevron doctrine. In doing so, NCLA believes...
by NCLA | Dec 23, 2019 | Case Documents
It is undisputed that the “disgorgement” remedy appears nowhere in the SEC’s enabling statutes. History reveals that the disgorgement remedy was created and expanded by an strategic enforcement and litigation process allowing SEC to arrogate to itself powers not...
