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The End of Deference: An Update from Arkansas
April 11, 2020
I recently posted about the states that had rejected deference in the past several years and noted that several more states were likely to reconsider deference in 2020. One state that I did not expect to see make the change was Arkansas whose state Supreme Court had as recently as 2014 had…
Federal Court Tosses Axon’s Challenge Of FTC Authority
April 9, 2020
An Arizona federal court tossed a suit from police body camera and nonlethal weapon maker Axon Enterprise Inc. that challenged the Federal Trade Commission’s structure and merger review process as unconstitutional. U.S. District Judge Dominic W. Lanza on Wednesday followed up on a tentative ruling from last month and dismissed…
Ranch group files amended complaint in RFID case
April 9, 2020
On April 6, Harriet Hageman, senior litigation counsel for the New Civil Liberties Alliance, filed an amended complaint in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. In an order dated, March 6, 2020, the court authorized…
Amended complaint filed in RFID case
April 9, 2020
In an April 2019 mandate, the U.S. Department of Agriculture and its Animal & Plant Health Inspection Service (APHIS) required all cattle producers to use radio frequency identification (RFID) ear tags and to register their premises with the government if they transport adult cattle across state lines after Jan. 1,…
The Federal Government's "Police Power" and the Takings Clause: Part IV
April 9, 2020
Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. Part III turned to 18 U.S.C. 922(o), the statute that purportedly authorized the bump stock ban. This fourth part will analyze whether…
The Federal Government's "Police Power" and the Takings Clause: Part III
April 8, 2020
Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. But the federal government cannot seize property if the requisite statutory authority exceeds Congress's enumerated powers. Part III will extend…
The Federalist founder tweeted an anti-union joke. It’s going to get him in trouble
April 8, 2020
The Federalist is being accused of unlawful labor practices over co-founder Ben Domenech’s tweet discouraging employees from unionizing. “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine,” Domenech tweeted on the same day that Vox Media employees walked out amid…
Letter to USDA and FNS: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program
April 8, 2020
Re: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program NCLA submits the following letter urging the United States Department of Agriculture (USDA) and the Food and Nutrition Service (FNS) to ease certain regulatory burdens associated with your implementation of the Emergency Food Assistance Program (TEFAP) in light of…
New Lawsuit Filed Against USDA Over Rescinded RFID Requirement
April 7, 2020
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…