NCLA Case Finder
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
Case Opened: August 2, 2024
Focus Area:
Administrative Speech Controls
The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.
Agency: City of San Antonio
Jurisdiction: W.D. Tex.
Role: Counsel
Case Opened: August 2, 2024
Focus Area:
Administrative Speech Controls
The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.
Agency: New York | New York Attorney General
Jurisdiction: SCOSNY
Role: Amicus
Case Opened: July 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.
Jurisdiction: 8th Cir.
Role: Amicus
Case Opened: May 9, 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.
Guidance Abuse
Agency guidance is easier to promulgate than formal rules and regulations, so agencies prefer to issue it. Such “guidance” supplies relatively informal indications of how an agency interprets rules and statutes. Although guidance is not permitted to bind Americans (unlike laws made by elected legislators), agencies treat guidance as binding and courts often fail to stop them.
Agency: Centers for Disease Control | Consumer Product Safety Commission | Department of Health and Human Services | National Institutes for Health
Jurisdiction: D.C.
Role: Counsel
Case Opened: April 22, 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: Financial Industry Regulatory Authority | Securities and Exchange Commission
Jurisdiction: 4th Cir.
Role: Amicus
Case Opened: April 22, 2024
Focus Area:
Agency: Food and Drug Administration
Jurisdiction: D.C. Cir.
Role: Amicus