by NCLA | Mar 1, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on March 1, 2019 Speaker of the House Nancy Pelosi recently warned Republicans that if a GOP president can declare a national emergency over a wall on the southern border, the next Democrat president could declare one over gun violence....
by NCLA | Jun 18, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 18, 2019 Wide consequences will stem from the U.S. Court of Appeals for the Ninth Circuit’s recent decision granting qualified immunity to several Fresno, California police officers sued for theft. These consequences will prove...
by NCLA | Jul 1, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 30, 2019 Chief Justice John Roberts lent the crucial fifth vote to uphold so-called Auer deference (solely on stare decisis grounds) in last week’s Kisor v. Wilkie case at the U.S. Supreme Court. In so doing, he wrote that “the...
by NCLA | Jul 24, 2019 | Mark Chenoweth, Opinion, Peggy Little
The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...
by judy.pino@ncla.legal | May 14, 2020 | Mark Chenoweth, Opinion
U.S. District Court Judge Emmet Sullivan disregarded two controlling precedents from higher courts with his decision to appoint John Gleeson as amicus curiae in the U.S. v. Michael Flynn case this week. Judicial conduct similar to J. Sullivan’s in these prior, far...
