NCLA Case Finder
Case Status: Closed
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: Pipeline and Hazardous Materials Safety Administration | Department of Transportation
Jurisdiction: 6th Cir.
Role: Counsel
Case Opened: March 24, 2022
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.
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: Department of Health and Human Services
Jurisdiction: SCOTUS | 6th Cir. | S.D. Ohio
Role: Counsel
Case Status: Closed
Focus Area:
Agency: New York Department of Health | New York Governor
Jurisdiction: SCOTUS
Role: Amicus
Case Status: Closed
Focus Area:
Agency: United States
Jurisdiction: SCOTUS
Role: Amicus
Case Status: Closed
Focus Area:
Agency: Department of Treasury | President of the United States | Department of Transportation
Jurisdiction: 5th Cir.
Role: Amicus
Case Status: Closed
Focus Area:
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: California State University System | Department of Education
Jurisdiction: SCOTUS
Role: Amicus
Case Status: Closed
Focus Area:
Agency: Rhode Island Department of Health
Jurisdiction: D. R.I.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Safer Federal Workforce Task Force | Office of Management and Budget | President of the United States
Jurisdiction: W.D. Mich.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: City of Los Angeles
Jurisdiction: SCOTUS | 9th Cir. | W.D. Tex.
Role: Amicus
Case Status: Closed
Focus Area:
Agency: Fairfax County | Virginia
Jurisdiction: E.D. Va.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: California
Jurisdiction: SCOTUS | 9th Cir.
Role: Amicus
Case Status: Closed
Focus Area:
Agency: Occupation Safety and Health Administration
Jurisdiction: 5th Cir.
Role: Amicus