NCLA Case Finder
Case Opened: April 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: Financial Industry Regulatory Authority | Securities and Exchange Commission
Jurisdiction: 4th Cir.
Role: Amicus
Case Opened: April 22, 2024
Focus Area:
Agency: Food and Drug Administration
Jurisdiction: D.C. Cir.
Role: Amicus
Case Opened: February 15, 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.
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.
Unreasonable Searches
The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.
Agency: Securities and Exchange Commission
Jurisdiction: 11th Cir.
Role: Amicus
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
Role: Amicus
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: Maria T. Vullo
Jurisdiction: SCOTUS
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: President of the United States
Jurisdiction: SCOTUS
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: Federal Communications Commission
Jurisdiction: SCOTUS
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: Board of Governors of the Federal Reserve System
Jurisdiction: SCOTUS
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: Securities and Exchange Commission
Jurisdiction: 5th Cir.
Role: Amicus
Case Status: Closed
Focus Area:
Agency: National Labor Relations Board
Jurisdiction: SCOTUS
Role: Amicus
Case Opened: November 1, 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: California Department of Education
Jurisdiction: 9th Cir.
Role: Amicus
Case Opened: September 26, 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: New York Attorney General
Jurisdiction: 2nd Cir.
Role: Amicus