Case Library
NCLA Case Finder
Case Status: Closed
Focus Area:
Due Process Violations
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.
Jurisdiction: 5th Cir. | E.D. La.
Role: Counsel
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: Consumer Product Safety Commission
Jurisdiction: 3rd Cir. | D.C. Cir.
Role: Counsel
Case Opened: August 2, 2022
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.
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: Centers for Disease Control | Cybersecurity and Infrastructure Security Agency | Department of Health and Human Services | Federal Bureau of Investigation | National Institute of Allergy and Infectious Diseases | National Institutes for Health | President of the United States
Jurisdiction: 5th Cir. | SCOTUS | W.D. LA
Role: Counsel
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: Centers for Disease Control
Jurisdiction: N.D. Iowa
Role: Counsel
Case Status: Closed
Focus Area:
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.
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: Small Business Adminstration
Jurisdiction: D.C.
Role: Counsel
Case Opened: June 23, 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.
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: Securities and Exchange Commission
Jurisdiction: 9th Cir. | SCOTUS
Role: Counsel
Case Opened: April 29, 2024
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.
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: 3rd Cir. | 8th Cir.
Role: Counsel
Case Opened: April 2, 2025
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: Department of Justice | Federal Bureau of Investigation
Jurisdiction: D. Columbia
Role: Counsel
Case Opened: November 23, 2022
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: Securities and Exchange Commission
Jurisdiction: D.C. Cir.
Role: Counsel
Case Opened: December 20, 2023
Agency: Securities and Exchange Commission
Jurisdiction: S.D. Texas
Role: Counsel
Case Opened: October 5, 2021
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: Securities and Exchange Commission
Jurisdiction: 3rd Cir. | 5th Cir.
Role: Counsel
Case Opened: August 2, 2024
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.
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: City of San Antonio
Jurisdiction: W.D. Tex.
Role: Counsel