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NLRB’s Prosecution of a Twitter Jokes Has Left the Third Circuit Considering Whether to Check the Agency’s Expansion of Its Enforcement Authority
Jared McClain
Photo: Ben Domenech, co-founder and publisher of NCLA client FDRLST, Media, LLC/Author: Gage Skidmore When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along. Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of…
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What Do Amtrak and Stock Exchanges Have in Common under the Constitution?
Sheng Li
NCLA’s latest “Lunch and Law” discussed its challenge in the Fifth Circuit against an Order issued by the Security and Exchange Commission (SEC) approving Nasdaq’s Board Diversity Rule, which requires Nasdaq-listed companies to satisfy gender, race, and LGBTQ+ quotas in their corporate boards or else issue an apology. Companies must also disclose statistical information regarding their…
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Mandated Covid Vaccination for Kids Is Illegal, Here's Why
In the News
The prospect of COVID-19 vaccine requirements for 5 to 11 year olds has become the latest frontier in the vaccine mandate debate, particularly since FDA gave the Pfizer-BioNTech Emergency Use Authorization (EUA) for young children this age at the end of October. Because children face an exceedingly low risk of death or severe disease from…
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A Return to Subregulatory Enforcement: Can Jury Instructions Cure the Malaise?
Kara Rollins
Photo: NCLA’s clients Micah Eldred and David Lopez, SEC v. Spartan Securities During his first days and months in office, President Biden revoked a series of Executive Orders aimed at curbing abusive administrative enforcement actions and reliance on guidance documents. The revoked EOs, and agency regulations implementing them, provided much-needed protections for regulated parties and…
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It's Congress' Responsibility to Legislate; Not the Courts'
In the News
The U.S. Supreme Court on October 29 agreed to review a 9th U.S. Circuit Court of Appeals decision that broadly construed the right of individuals to file suit for infringement of their constitutional rights — a sure sign the 9th Circuit will once again be overturned for straying too far from high court edicts. Left-wing…
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Forced Covid Vaccination for Kids Is Unlawful
In the News
Now that the Food and Drug Administration has authorized the Pfizer -BioNTech vaccine for 5- to 11-year-olds, expect a wave of Covid-19 vaccine mandates for children. San Francisco announced last week that the city will require children in that age group to show proof of vaccination to enter restaurants, sporting events, swimming pools and more.…
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