NCLA Case Finder
Case Opened: July 15, 2020
Focus Area:
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: Internal Revenue Service
Jurisdiction: 1st Cir. | D. NH
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
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:
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: Small Business Adminstration
Jurisdiction: D.C.
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.
Agency: Small Business Adminstration
Jurisdiction: D. Md.
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.
Agency: New Jersey Department of Health and Senior Services
Jurisdiction: 3rd Cir. | D. NJ
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.
Agency: Massachusetts Governor
Jurisdiction: SCOTUS | Mass.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Department of Agriculture
Jurisdiction: D. Neb.
Role: Counsel
Case Opened: March 4, 2020
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 Commerce | National Marine Fisheries Service | National Oceanic and Atmospheric Administration
Jurisdiction: SCOTUS | 1st Cir. | D. R.I.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Consumer Product Safety Commission
Jurisdiction: 3rd Cir. | D.C. Cir.
Role: Counsel
Case Status: Closed
Focus Area:
Agency: Securities and Exchange Commission
Jurisdiction: SCOTUS | 11th Cir.
Role: Counsel
Case Opened: December 18, 2019
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: Consumer Financial Protection Bureau
Jurisdiction: SCOTUS | 2nd Cir. | S.D. NY
Role: Counsel