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The Supreme Court’s Review Of Trump-Era Bump Stock Ban: An Overview

February 28, 2024
… The legality of the bump stock ban is now being questioned before the Supreme Court. Michael Cargill, a gun store owner and U.S. Army veteran, challenged the ban, arguing that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority in reinterpreting the definition of machine guns to include bump stocks. Cargill’s…
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Texas man takes ATF bump stock ban challenge to Supreme Court

February 28, 2024
… John Vecchione, senior litigation counsel for the New Civil Liberties Alliance, which represents Cargill, told the Washington Examiner that the ATF “waived the Chevron argument in lower courts and said we’re just going to go straight on statutory construction, just as if there was no Chevron. “So I don’t think Chevron will hit it, but it is part of the administrative…
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Talking Administrative Law: Why A Legal Advocate Says the SEC’s In-House Courts are ‘Something Out of Kafka’

February 23, 2024
Also, FDIC IG says agency continues to lag in recruiting and retaining workers; FSOC meets in private to discuss financial risks; OCC names an acting chief counsel Friday Q&A: The issue of federal agency power has become one of the hottest topics in financial regulation. And it’s an area where the Supreme Court increasingly seems to…
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Full 5th Circ. To Hear Appeal Of Nasdaq Board Diversity Rule

February 20, 2024
The Fifth Circuit agreed Tuesday to rehear en banc a lawsuit challenging a Nasdaq board diversity rule that the U.S. Securities and Exchange Commission had approved, granting conservative groups that brought the lawsuit another shot at overturning a rule that requires Nasdaq-listed companies to disclose board diversity data…
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Supreme Court watchlist: Agency power, air rules, water rights

February 12, 2024
… In a pair of cases argued in January — Loper Bright v. Raimondo and Relentless v. Commerce — the justices seemed receptive to conservative lawyers’ arguments to at least limit the Chevron doctrine, a legal theory established in a 1984 Supreme Court case that gives agencies like EPA leeway to interpret ambiguous statutes like the Clean Air Act… “When litigating against the…
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Cleveland: State Department’s Censorship Scheme Suppresses Conservative News

February 12, 2024
“The State Department, through its Global Engagement Center, was funding the development, the research, the promotion of different types of technology that are used to censor publications,” said New Civil Liberties Alliance counsel Margot Cleveland during a “Real America’s Voice” interview…
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