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The Constitutional Problem with Governing Through Executive Orders
On March 2, 2021, the Wall Street Journal wrote the article, “Biden’s Hurdle: Courts Dubious of Rule by Regulation,” regarding President Biden’s swift executive orders and organizations like NCLA that are troubled by the modern trend of using executive orders in place of legislation. NCLA’s Executive Director and General Counsel, Mark Chenoweth, joins OANN “Morning…
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U.S. District Judge John Barker in Texas Ruled That the National Ban on Evictions Is Unconstitutional
Now, this is a step in the right direction for landlords, because the last time the case made it to the federal district court in October of 2020—just following after the Trump administration had announced the moratorium from the CDC at the time and a judge, District Judge J.P. Boulee, said that in Atlanta he…
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In Bump Stock Case, Tenth Circuit Dismisses Grant of Rehearing En Banc As Improvidently Granted
In May 2020, a divided three-judge panel on the 10th Circuit upheld President Trump’s executive action that prohibited possession of bump stocks. In September 2020, the 10th Circuit granted rehearing en banc in Aposhian v. Barr. The case was fully briefed, and was argued. Yesterday, the 10th Circuit changed course. By a vote of 6-5, the en banc court…
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10th Circ. Cancels Rehearing On Bump Stock Ban Challenge
The Tenth Circuit on Friday reversed course and rescinded an en banc rehearing of a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ rule banning bump stocks over the dissent of five circuit judges. According to the court’s opinion, a majority of the en banc panel voted to vacate its order granting the…
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Wyoming Legislators Introduce Bill to Preserve Rancher Choice When Identifying Cattle
Billings, Mont. – Today, State of Wyoming legislators Representative Chip Neiman and Senator Cheri Steinmetz introduced House Bill 229 in the Wyoming Legislature. The Bill preserves for Wyoming ranchers the choice of selecting among various lawful forms of animal identification devices when complying with a 2013 federal law that requires official identification on adult cattle…
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Biden’s EO on Title IX is Unjust and Counterintuitive
NCLA Senior Litigation Counsel Harriet Hageman joins Philadelphia’s AM 990 The Answer’s show, “Philadelphia’s Morning Answer,” with Chris Stigall. Harriet Hageman has been a trial attorney for almost 30 years and is licensed to practice law in Wyoming, Michigan, Colorado, and Nebraska, and has been admitted before the United States Supreme Court. Here are a…
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