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What We’re Watching – Fleming v. USDA, No. 17-1246
Jessica Thompson
On Friday, November 15, D.C. Circuit Judges Srinivasan, Katsas, and Rao heard oral arguments in Joe Fleming, et al. v. U.S. Dept. of Agriculture, No. 17-1246, which challenges the U.S. Department of Agriculture’s Administrative Law Judges’ appointments and tenure protections. We’re watching this case and keeping an eye out for other challenges to legal proceedings…
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Nondelegation, Origination Clause, and IRS’s “Curio” Power
Adi Dynar
Perhaps you get a pass if you don’t know that there is a federal agency called the Federal Service Impasses Panel that resolves disputes between federal agencies and federal-employee unions. But the Internal Revenue Service is not some obscure federal agency. IRS is always lurking somewhere in our wallets and pocketbooks. If you are an…
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Lawyers, Heal Yourselves!
Peggy Little
Lawyers, heal yourselves! My work at New Civil Liberties Alliance involves reining in the Administrative State. Every day brings new revelations of the vast sweep and deep tentacles of the modern Administrative State across every level of government. Do you know that the federal government does not know how many administrative agencies it has?…
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Automated license plate reading cameras (ALPRs) snuck up on us. It is time the law caught up with them.
Caleb Kruckenberg
ALPRs are high-speed cameras that take photographs of vehicle license plates when they travel on public roadways. Originally ALPRs were installed primarily on police vehicles as a way to expedite license plate checks for expired registration, active warrants, or similar routine enforcement tasks. As technology improved, however, ALPRs underwent a rapid expansion in number…
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The Worst Doctrine Few Have Heard of: Brand X
Federal administrators must love Darth Vader’s iconic –and ominous– line, “I’m altering the deal. Pray I don’t alter it any further.” That’s because the Brand X deference doctrine lets them. Deference doctrines require judges to abdicate their duty of independent judgment and instead be biased in favor of government litigants and against non-government litigants. The 2005 Supreme…
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Comments in Response to the Federal Communications Commission's Proposed Regulation: Procedural Streamlining of Administrative Hearings
In the News
Re: FCC 19-86, EB Docket No. 19-214: Procedural Streamlining of Administrative Hearings Document No. 2019-20568 In NCLA’s view, The Streamlining Rule proposes to convert live-testimony hearings into written-record proceedings. Such a conversion would fundamentally reshape Congress’ administrative adjudicatory scheme by altering the dynamics of probative inquiries into disputed facts. Perhaps most notably, it would…
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