NCLA Case Finder
Case Opened: March 27, 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: Public Company Accounting Oversight Board
Jurisdiction: S.D. Texas | D.C.
Role: Counsel
Case Opened: March 6, 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: 6th
Role: Counsel
Case Opened: March 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.
Agency: Public Company Accounting Oversight Board
Jurisdiction: M.D.Tenn.
Role: Counsel
Case Opened: February 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: Department of Energy
Jurisdiction: W.D. Tex.
Role: Counsel
Case Opened: December 20, 2023
Agency: Securities and Exchange Commission
Jurisdiction: S.D. Texas
Role: Counsel
Case Opened: December 5, 2023
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: U.S. State Department
Jurisdiction: E.D. Texas
Role: Counsel
Case Opened: October 4, 2023
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: Environmental Protection Agency
Jurisdiction: N.D. Ga.
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: Rhode Island College
Jurisdiction: SCOTUS
Role: Counsel
Case Opened: September 14, 2023
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: Environmental Protection Agency
Jurisdiction: D.C. Cir.
Role: Counsel
Case Opened: September 7, 2023
Focus Area:
Agency: Department of Transportation
Jurisdiction: 11th Cir.
Role: Counsel
Case Opened: August 4, 2023
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: 6th Cir. | E.D. Mich.
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.
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: Environmental Protection Agency
Jurisdiction: D.C. Cir.
Role: Counsel