NCLA Case Finder
Case Opened: March 26, 2025
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Financial Industry Regulatory Authority | Securities and Exchange Commission
Jurisdiction: 6th Cir.
Role: Counsel
Case Opened: March 14, 2025
Focus Area:
Unreasonable Searches
The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.
Agency: Federal Bureau of Investigation | United States
Jurisdiction: SCOTUS
Role: Amicus
Case Opened: February 24, 2025
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Department of the Interior | National Park Service | U.S. Attorney General
Jurisdiction: S.D. Tex.
Role: Counsel
Case Opened: February 6, 2025
Focus Area:
Judicial Deference
Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Consumer Product Safety Commission
Jurisdiction: D.C. Cir.
Role: Counsel
Case Opened: December 23, 2024
Focus Area:
Agency: Food and Drug Administration
Jurisdiction: SCOTUS
Role: Amicus
Case Opened: December 3, 2024
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: National Credit Union Administration
Jurisdiction: 5th Cir.
Role: Amicus
Case Opened: November 12, 2024
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Office of the Comptroller of the Currency
Jurisdiction: 5th Cir.
Role: Amicus
Case Opened: September 5, 2024
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Jurisdiction: SCOTUS
Role: Amicus
Case Opened: September 5, 2024
Focus Area:
Agency: Department of Transportation | Federal Aviation Administration
Jurisdiction: 3rd Cir.
Role: Amicus
Case Opened: August 28, 2024
Focus Area:
Agency: Department of Health and Human Services | National Institutes for Health
Jurisdiction: S.D. NY
Role: Counsel
Case Opened: August 21, 2024
Focus Area:
Agency: Securities and Exchange Commission
Jurisdiction: D.C.
Role: Counsel
Case Opened: August 15, 2024
Focus Area:
Scope of Authority / Nondelegation
The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.
Agency: Federal Deposit Insurance Corporation
Jurisdiction: D. Utah
Role: Counsel