As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was worth nearly $2 trillion, the largest in American history. A major component of the…

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…

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…

  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…

  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…