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: Federal Trade Commission
Jurisdiction: U.S.
Role: Amicus
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: Federal Housing Finance Agency
Jurisdiction: SCOTUS
Role: Amicus
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: Centers for Disease Control
Jurisdiction: 11th Cir. | N.D. Ga.
Role: Counsel
Case Opened: August 21, 2020
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: Securities and Exchange Commission
Jurisdiction: 11th Cir. | M.D. Fla.
Role: Counsel
Case Status: Closed
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.
Jurisdiction: 5th Cir. | E.D. La.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: California Coastal Commission
Jurisdiction: California | Cal. Ct. App.
Role: Amicus
Case Opened: July 15, 2020
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: Internal Revenue Service
Jurisdiction: 1st Cir. | D. NH
Role: Counsel
Case Status: Closed
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.
Agency: Department of Veterans Affairs
Jurisdiction: SCOTUS
Role: Counsel
Case Status: Closed
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.
Agency: Department of Veterans Affairs
Jurisdiction: SCOTUS | Fed. Cir.
Role: Amicus
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: Small Business Adminstration
Jurisdiction: D.C.
Role: Counsel
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: Small Business Adminstration
Jurisdiction: D. Md.
Role: Counsel
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: New Jersey Department of Health and Senior Services
Jurisdiction: 3rd Cir. | D. NJ
Role: Counsel