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: Massachusetts Governor
Jurisdiction: SCOTUS | Mass.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Federal Trade Commission
Jurisdiction: 9th Cir.
Role: Amicus
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: Arkansas Department of Finance and Administration
Jurisdiction: Ark.
Role: Amicus
Case Opened: March 4, 2020
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: National Oceanic and Atmospheric Administration | Department of Commerce | National Marine Fisheries Service
Jurisdiction: SCOTUS | 1st Cir. | D. R.I.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Consumer Product Safety Commission
Jurisdiction: 3rd Cir. | D.C. Cir.
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.
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: Commodity Futures Trading Commission
Jurisdiction: SCOTUS
Role: Amicus
Case Status: Closed
Focus Area:
Agency: Securities and Exchange Commission
Jurisdiction: SCOTUS | 11th Cir.
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: Securities and Exchange Commission
Jurisdiction: SCOTUS
Role: Amicus
Case Opened: December 18, 2019
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: Consumer Financial Protection Bureau
Jurisdiction: SCOTUS | 2nd Cir. | S.D. NY
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: Arizona Department of Child Safety
Jurisdiction: Ariz. Ct. App
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: Bureau of Prisons
Jurisdiction: D.C.
Role: Counsel
Case Status: Closed
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: Securities and Exchange Commission
Jurisdiction: SCOTUS | 5th Cir. | S.D. NY
Role: Counsel