NCLA Case Finder
Case Status: Closed
Agency: Consumer Product Safety Commission
Jurisdiction: SCOTUS
Role: Amicus
Case Opened: July 16, 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 | 10th Cir.
Role: Amicus
Case Opened: July 15, 2024
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.
Jurisdiction: 8th 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: United States Patent and Trademark Office
Jurisdiction: SCOTUS
Role: Amicus
Case Opened: April 26, 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: United States
Jurisdiction: 9th 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: Financial Industry Regulatory Authority | Securities and Exchange Commission
Jurisdiction: 4th 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.
Agency: Food and Drug Administration
Jurisdiction: D.C. Cir.
Role: Amicus
Case Opened: February 15, 2024
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.
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.
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: 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