NCLA Case Finder
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 14, 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 Trade Commission
Jurisdiction: SCOTUS
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: November 8, 2024
Agency: Department of Health and Human Services
Jurisdiction: 2nd 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 19, 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: Department of Education
Jurisdiction: SCOTUS | 8th Cir.
Role: Amicus
Case Opened: August 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: California Governor
Jurisdiction: SCOCA
Role: Amicus
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 19, 2024
Agency: Department of Health and Human Services
Jurisdiction: 3rd Cir.
Role: Amicus
Case Status: Closed
Agency: Consumer Product Safety Commission
Jurisdiction: SCOTUS
Role: Amicus