Imagine your amateur softball league has a bylaw that all umpires must be hired by the league commissioner. Before a big game, some emergency umps‐​for‐​hire pile out of a van and start officiating without the commissioner’s approval. You’re skeptical, but it’s pointless to object during the game — the league has a hard rule that umpires won’t respond if…

Caleb Kruckenberg, NCLA Litigation Counsel, speaks on Stacy on the Right on Sirius XM about the CDC’s Eviction Moratorium.   TweetShareShare0 Shares

In the wake of Arthrex’s initial merits brief, amicus briefs in support of Arthrex’s position were filed December 29th and 30th. In the Arthrex cases (docketed as 19-1434), the parties have persuaded the Supreme Court to review a decision by the Federal Circuit holding that administrative patent judges (APJs) are principal officers and that their appointments violate the Appointments Clause of…

Law360 (January 3, 2021, 12:02 PM EST) — President-elect Joe Biden may need to flex his administration’s regulatory muscle to fulfill many of his ambitious campaign pledges, a strategy that could run headlong into a conservative U.S. Supreme Court wary of administrative power. Biden will enter a divided government if Republicans hold on to at least one…

James Madison once said that the concentration of all government powers in one branch is “the very definition of tyranny.” Yet, today, administrative agencies regularly exercise all three of those powers. They issue rules with the force of law. They enforce laws. And they prosecute people through a system of administrative proceedings before administrative law…

Law360 (December 16, 2020, 4:43 PM EST) — New Jersey Gov. Phil Murphy and members of his cabinet were hit with a lawsuit Tuesday by a group of landlords challenging his executive order allowing tenants to use their security deposits to cover back rent during the COVID-19 crisis. The lawsuit contends the governor does not…