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Comments in Response to the Office of Management and Budget’s Improving and Reforming Regulatory Enforcement and Adjudication Notice
In the News
NCLA’s examples document that recommendations that examine whether the current modes of rulemaking, enforcement and adjudication do not always comply with the Administrative Procedure Act (APA) and the U.S. Constitution. These examples are drawn from real cases—mostly cases in which NCLA represents the party involved. NCLA knows firsthand the many ways in which agencies need…
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Our Zombified Courts
Peggy Little
The founders believed that trial by jury was among the most precious rights secured by our federal constitution. State constitutions similarly protect the right to be judged by a jury of one’s peers in some form in every state. New Civil Liberties Alliance, where I work, is dedicated to restoring and protecting those rights.…
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Brand X deference advances ‘administrative absolutism’
When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamented that “Brand X has taken this Court to the precipice of administrative absolutism.” Given that Thomas himself authored NCTA v. Brand X Internet Services in 2005, the case that launched the Brand X judicial deference doctrine, this turnabout…
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The Games Bureaucrats Play: FCC Streamlined Hearing Rule—Balderdash
Michael P. DeGrandis
The Federal Communications Commission is proposing a new regulation to “promote more efficient resolution of hearings.” The Procedural Streamlining of Administrative Hearings Rule, as the FCC calls it, claims that none of its hearings require oral testimony. For decade after decade and Commission after Commission, the FCC has held trial-like adjudications with oral testimony…
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Why You Should Clerk for NCLA
Jessica Thompson
NCLA is fighting on the front lines of cutting-edge administrative law litigation–and you have an opportunity to be a part of that fight! NCLA is the nation’s only public interest law firm dedicated solely to litigating administrative law issues and restoring respect for our civil liberties. A clerkship with NCLA is an unparalleled opportunity…
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Can an Agency Rewrite the Law to Ban an Entire Industry Overnight? Maybe in New York
Caleb Kruckenberg
One of the most pernicious tools used by the administrative state is the court-created doctrine of agency “deference.” Roughly, this doctrine says that administrative agencies are entitled to interpret ambiguous laws any way they want, and courts are required to accept that interpretation even if the court wouldn’t read the law the same way.…
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