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PODCAST

Administrative Static Podcast

Administrative Static

Administrative Static is an irreverent legal affairs podcast that exposes the unlawful side of administrative power. Hosts Mark Chenoweth and John Vecchione will decry federal and state agency abuses, trot out legal arguments, grill expert guests, and bandy about the latest cases and controversies.

government

All Episodes

12:30

Supreme Court Issues Troubling Decision in NCLA Case...

Administrative Static Podcast ·

2024/06/29

The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General’s office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin

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12:30

Supreme Court Issues Troubling Decision in NCLA Case...

Administrative Static Podcast ·

2024/06/29

The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General’s office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin

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12:30

In NCLA Amicus Win, Supreme Court Restores Americans’...

Administrative Static Podcast ·

2024/06/29

The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC’s administrative prosecution regime. The Court affirmed the Fifth Circuit’s decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.’s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance’s amicus brief, marks a significant victory for civil liberties and limits

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12:30

In NCLA Amicus Win, Supreme Court Restores Americans’...

Administrative Static Podcast ·

2024/06/29

The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC’s administrative prosecution regime. The Court affirmed the Fifth Circuit’s decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.’s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance’s amicus brief, marks a significant victory for civil liberties and limits

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12:30

NCLA Files Motion After COVID Email Revelations

Administrative Static Podcast ·

2024/06/22

As we anticipate the Supreme Court's decision in Murthy v. Missouri, NCLA's Jenin Younes has filed a motion in district court citing Congressional testimony revealing that Senior Advisor Dr. David Morens and Dr. Anthony Fauci used personal email accounts to evade Freedom of Information Act (FOIA) requests during the pandemic. Mark and Jenin delve into the details of this motion in their latest episode.See omnystudio.com/listener for privacy information.

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12:30

NCLA Asks Eighth Circuit to Vacate SEC’s...

Administrative Static Podcast ·

2024/06/22

NCLA has filed a joint opening brief in National Center for Public Policy Research v. SEC, urging the U.S. Eighth Circuit Court of Appeals to strike down new SEC rules requiring extensive climate-related disclosures by public companies. This challenge is combined with U.S. Chamber of Commerce v. SEC, where Gibson Dunn & Crutcher LLP represents the petitioners. NCLA represents the National Center for Public Policy Research alongside the U.S. Chamber of Commerce, Texas Association of Business, and

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12:30

NCLA Asks Supreme Court to Force U.S. Patent Office...

Administrative Static Podcast ·

2024/06/22

NCLA has filed an amicus curiae brief urging the Supreme Court to consider Chestek PLLC v. Vidal and prevent the U.S. Patent and Trademark Office from bypassing notice-and-comment rulemaking. It is crucial that rules with significant economic impact are not issued without public input or consideration of all relevant information. The U.S. Court of Appeals for the Federal Circuit's decision below was erroneous as it effectively nullified a statute requiring the PTO to undergo notice-and-comment

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12:30

NCLA Asks Ninth Circuit to End SEC’s Illegal Gag Rule

Administrative Static Podcast ·

2024/06/22

NCLA has submitted an opening brief in Powell v. SEC, urging the U.S. Court of Appeals for the Ninth Circuit to overturn the SEC’s refusal to amend its long-standing "Gag Rule." The rule, in place for over five decades, prohibits individuals who settle regulatory enforcement cases with the SEC from publicly criticizing their cases, even truthfully, for life. NCLA represents SEC enforcement targets affected by this rule and media organizations seeking to report on their experiences. After NCLA's

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12:30

Tenth Circuit Clears Path to Toppling Intrusive Dog...

Administrative Static Podcast ·

2024/06/17

The U.S. Court of Appeals for the Tenth Circuit has reversed a district court decision in Johnson v. Smith that upheld a Kansas state law authorizing intrusive warrantless searches for dog training and handling businesses. NCLA filed an amicus curiae brief explaining that the warrantless-search law infringes the Appellants’ Fourth Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While the Tenth Circuit affirmed the district

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12:30

Supreme Court Overturns NLRB-Specific Preliminary...

Administrative Static Podcast ·

2024/06/17

The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law. Justice Thomas authored the Court’s opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary

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12:30

NCLA Digs Deeper Into SCOTUS Victory in Garland v....

Administrative Static Podcast ·

2024/06/15

The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns. NCLA commends the high court for permanently setting ATF’s ban aside,

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12:30

SCOTUS decision in Garland v. Cargill affirms ATF...

Administrative Static Podcast ·

2024/06/15

The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns. NCLA commends the high court for permanently setting ATF’s ban aside,

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12:30

NCLA’s George Washington Award Recognizes Brave...

Administrative Static Podcast ·

2024/06/08

We awarded Drs. Azadeh Khatibi, Tracy Høeg, Ram Duriseti, Aaron Kheriaty, and Pete Mazolewski NCLA’s Award for Client Bravery. NCLA represented these courageous doctors in the successful Høeg v. Newsom suit challenging a California state law that would have subjected them to discipline for sharing information with patients that departed from the “contemporary scientific consensus” on Covid-19. Gov. Newsom signed a bill to repeal the law, marking a major victory for our clients, free speech, and

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12:30

A Watershed Supreme Court Term Will Not Drown The...

Administrative Static Podcast ·

2024/06/08

We discuss Mark's recent column in Forbes: a brief review of five pending SCOTUS cases: (1) SEC v. Jarkesy; (2) Relentless v. Department of Commerce/ Loper Bright v. Raimondo; (3) Corner Post v. Board of Governors of the Federal Reserve; (4) Garland v. Cargill; and (5) Starbucks v. McKinney. Administrative statists have floated a false narrative about the many indisputably important administrative law cases pending at the U.S. Supreme Court this term. With at least half a dozen such cases still

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12:30

Fifth Circuit Topples SEC’s Unlawful Effort to...

Administrative Static Podcast ·

2024/06/08

The U.S. Court of Appeals for the Fifth Circuit issued a decision in National Association of Private Fund Managers v. Securities and Exchange Commission vacating SEC’s recent final rule restricting—and in some cases prohibiting—certain common contractual agreements between private investment funds and investment advisers. Following the New Civil Liberties Alliance amicus curiae brief’s advice, the Court declared that SEC exceeded its statutory authority in promulgating the unlawful rule because

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12:30

NCLA Demands Fauci and Co. Save Potentially Damning...

Administrative Static Podcast ·

2024/06/08

The New Civil Liberties Alliance sent a letter informing Dr. Anthony Fauci, his Senior Advisor Dr. David Morens, Dr. Peter Daszak, Dr. Gerald Keusch, Dr. Richard Roberts, Dr. Francis Collins, and Google that they are legally obligated to preserve all documents, communications, and electronically stored information related to their official government business. NCLA represents 4 of the 5 individual plaintiffs in the Murthy v. Missouri case with an appeal from the grant of a preliminary injunction now

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12:30

Congressional Committee Investigates Fauci Advisor's...

Administrative Static Podcast ·

2024/06/02

The Select Subcommittee on the Coronavirus Pandemic probes into inflammatory emails authored by a top adviser to Fauci. David Morens, a seasoned federal scientist currently on administrative leave, admitted to deleting emails and using a personal account to avoid disclosing correspondence under the Freedom of Information Act. Join Mark, Vec, and Jenin as they dissect this hearing in the latest episode.See omnystudio.com/listener for privacy information.

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12:30

NCLA Tells Department of Education Its Newest Student...

Administrative Static Podcast ·

2024/06/02

NCLA submitted comments urging the U.S. Department of Education to abandon its latest proposed rule that would unconstitutionally cancel $147 billion of federal student loan debt owed to the Treasury by an estimated 27.6 million borrowers. The plan even proposes to bestow about $19 billion of that on about 750,000 student loan debtors whose average annual household income exceeds $300,000! Outrageously, that sum means American taxpayers would give more than $25,000 apiece to debtor households making

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12:30

NCLA Fights Against Discriminatory Dept. of Education...

Administrative Static Podcast ·

2024/06/02

The Fulbright-Hays Fellowship supports U.S. students conducting foreign language research abroad. However, since 1998, the Department of Education has unfairly penalized "non-native-born" students who learned the language through heritage, denying them 15 points out of 105 for language proficiency. Samar Ahmad and Edgar Ulloa Lujan, fluent in Arabic and Spanish respectively, faced penalties despite their proficiency. This discrimination contradicts the fellowship's purpose and violates students' due

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12:30

In NCLA Amicus Win, Supreme Court Revives NRA’s First...

Administrative Static Podcast ·

2024/06/02

The U.S. Supreme Court unanimously ruled in NRA v. Vullo that the National Rifle Association plausibly accused New York Department of Financial Services Superintendent Maria Vullo of violating its rights to free speech and association. In so doing, it reversed a panel of the U.S. Court of Appeals for the Second Circuit, which had held Vullo’s alleged actions amounted to permissible government speech and enforcement of state law. NCLA filed an amicus brief, urging the Justices to decide NRA’s

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192 results

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