Media Room
Commentary
Post Search
Will the FTC Face a Reckoning in the Supreme Court?
John J. Vecchione
On July 9, 2020, the Supreme Court granted certiorari in two closely watched FTC cases. The two cases FTC v. Credit Bureau Center, LLC, and AMG Capital Management, LLC, et al. v. FTC are poised to determine whether a power the FTC has developed through the slow accretion of judicial acquiescence can withstand the clear…
Read
Trump’s “Regulatory Bill of Rights”: Where to Go Next
Kara Rollins
In a previous post, we discussed the new and welcome regulatory changes made by President Trump in Executive Order 13924 last month, a significant victory for civil liberties. But while excitement is warranted for these positive developments, many further reforms, such as objective and enforceable limits delivering upon the principles affirmed in the Order, will…
Read
Skidmore on Skids
Adi Dynar
Indian River County, Florida v. Department of Transportation presents a dangerous case of the D.C. Circuit putting the skids under Skidmore deference. If allowed to stand, the D.C. Circuit’s decision would make Skidmore more deferential than Kisor and Chevron. The case stems from the planned construction of an express passenger railway service between Miami…
Read
When The Wolf At The Door Is Your Governor
The novel coronavirus pandemic has many Americans struggling to keep the wolf from the door of their homes and businesses. For Pennsylvanians, the threat has become all the more menacing, because the wolf at their doors is the governor—and the state supreme court just invited him in. Like many of his counterparts across the country,…
Read
Trump’s “Regulatory Bill of Rights”: A Good Start
Kara Rollins
Executive Orders are one source of egregious expansions of administrative power, and NCLA litigators frequently challenge unconstitutional exercises of lawmaking by executive fiat. For example, see NCLA’s recent amicus brief challenging the authority of the Department of Labor to develop and use a non-statutory enforcement regime under the auspices of Executive Order 11246. But…
Read
SCOTUS Rules to Reduce SEC's Disgorgement Powers, But it Doesn't Go Far Enough
John J. Vecchione
While the Supreme Court’s ruling to reduce the SEC’s power to inflict so-called “disgorgement’ penalties on its targets is welcome news, it is disappointing that it did not go further. In a narrow win for the Petitioners the Supreme Court held: The Court holds today that a disgorgement award that does not exceed a wrongdoer’s…
Read
Media Team
