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: Kentucky Governor
Jurisdiction: Ky.
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.
Conditions on Spending
Administrative agencies use unconstitutional conditions on spending to regulate the conduct of grantees. Rather than rule through law, the government simply purchases submission.
Agency: Department of Treasury | United States
Jurisdiction: 11th Cir. | N.D. Ala.
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.
Due Process Violations
The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.
Agency: Arizona Corporation Commission
Jurisdiction: Ariz.
Role: Amicus
Case Status: Closed
Focus Area:
Due Process Violations
The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.
Agency: Securities and Exchange Commission
Jurisdiction: SCOTUS | 5th 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: Arizona Governor
Jurisdiction: Ariz.
Role: Amicus
Case Status: Closed
Focus Area:
Due Process Violations
The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.
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: City of New York
Jurisdiction: SCOTUS | 2nd 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: Social Security Administration
Jurisdiction: SCOTUS
Role: Amicus
Case Status: Closed
Focus Area:
Due Process Violations
The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.
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 Commerce | United States Patent and Trademark Office
Jurisdiction: SCOTUS
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: Alaska Department of Environmental Conservation
Jurisdiction: Alaska
Role: Amicus
Case Status: Closed
Focus Area:
Due Process Violations
The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.
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: Food and Drug Administration
Jurisdiction: D.C. Cir.
Role: Amicus
Case Status: Closed
Focus Area:
Due Process Violations
The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.
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: ND Ohio
Role: Amicus
Case Status: Closed
Focus Area:
Due Process Violations
The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.
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: 6th Cir. | W.D. Tenn.
Role: Amicus