A second lawsuit has been filed in a U.S. federal courthouse against a rule, scheduled to take effect Monday, 9 March, that would require Atlantic herring fishermen to pay for independent monitors aboard their vessels. Seafreeze Fleet LLC and two vessels it owns filed the lawsuit against the U.S. Department of Commerce, the National Oceanic…

Recently, Justice Clarence Thomas, the author of the U.S. Supreme Court’s 2005 decision in National Cable & Telecommunications Association v. Brand X Internet Services, argued that the decision should be overruled… Read the full article here. TweetShareShare0 Shares

The New Civil Liberties Alliance today filed a lawsuit in the U.S. District Court of Rhode Island against the U.S. Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NOAA Fisheries), as well as the heads of those agencies. The suit challenges the agencies’ unconstitutional and statutorily unauthorized effort…

Judges often advise appellate lawyers to provide in their briefs a clear path to the outcome they want. The Supreme Court of the United States recently denied review in a case that exemplified that lesson yet again. In Baldwin v. United States, No. 19–402, the petition for certiorari argued that the Court should overrule National Cable & Telecommunications Association…

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the burden of persuasion in qualified immunity cases should be on the plaintiff or on the defendant, whether the due process clause is violated when the prosecution relies on material, perjured testimony to secure a conviction but did not…

President Trump promised as part of his deregulation campaign to end bureaucratic “guidance” that dodges normal rule-making. Someone should tell the U.S. Department of Agriculture as it tries to impose burdensome new cattle-identification requirements. To prevent the spread of diseases like bovine tuberculosis and brucellosis, the USDA needs to identify and track livestock. In 2013…