NCLA Case Finder
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: Department of Health and Human Services
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.
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.
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: Bureau of Alcohol, Tobacco, and Firearms
Jurisdiction: SCOTUS | 6th 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.
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: U.S. Attorney General
Jurisdiction: D.N.J.
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 Corporation Commission
Jurisdiction: Ariz.
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:
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: U.S. Sentencing Commission
Jurisdiction: SCOTUS | W.D. Ark.
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:
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: Internal Revenue Service
Jurisdiction: Fed. Cir. | Fed. Cl.
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: Hawaii
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: Department of Health and Human Services
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: Department of Housing and Urban Development
Jurisdiction: 2nd Cir.
Role: Amicus