The Trump administration has made a priority of shrinking the administrative state. A recent study authored by the New Civil Liberties Alliance (NCLA), which is headed by the prominent constitutional-law scholar Philip Hamburger, concludes that “If President Trump wishes to appoint another justice who would respect the Constitution and shrink the administrative state, he would…

Academic highlight: Hamburger and Siegel on the constitutionality of Chevron deference “Is Chevron deference unconstitutional? Congress, several justices and legal academics are debating the legitimacy of this decades-old principle of administrative law. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., decided over 30 years ago, the Supreme Court declared that courts must defer to a federal agency’s reasonable interpretation…

“An amicus brief filed by the New Civil Liberties Alliance, a non-profit group, asserts that the SEC, in effect, gamed the civil-service process to obtain sympathetic judges, and that another agency, the Commodity Futures Trading Commission, was similarly adept in using the rules to dump a judge it found to be too independent.” Click here…

Click here to listen to NCLA’s Caleb Kruckenberg discuss the Aposhian v. Whitaker case. TweetShareShare0 Shares

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The legal battle between radio frequency ID ear tag opponents and the USDA is back on. A previous lawsuit filed by R-CALF USA and several ranchers was dismissed after USDA reversed course on a rule that would have required cattle producers to use RFID ear tags and register their premises by 2023 if they transport…