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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

NCLA Prepares to Crown the Worst Violators of Civil...

Administrative Static Podcast ·

2024/05/25

NCLA's Fourth Annual King George III Prize is coming to a close! This campaign highlights the most egregious violations of our basic civil liberties by those responsible for such abuses. In the spirit of March Madness and King George, we are hosting two tournament brackets: one featuring 16 nominees from state and federal agencies and officials who committed the worst civil liberties abuses in 2023, and another devoted exclusively to 16 state and federal officials who focused on censorship and

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12:30

NCLA's Mark Chenoweth Featured in Panel Discussion at...

Administrative Static Podcast ·

2024/05/25

NCLA President Mark Chenoweth recently attended the Fifth Circuit Judicial Conference in Austin, TX, where he served as a panelist in a discussion on constitutional challenges to the administrative state and upcoming developments in this area. The panel was so widely attended that the conference scheduled it twice! In this episode, Mark discusses the conference and its highlights with Jenin.See omnystudio.com/listener for privacy information.

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12:30

NCLA's Mark Chenoweth and John Vecchione are Named...

Administrative Static Podcast ·

2024/05/25

Congratulations to NCLA's Mark Chenoweth and John Vecchione for being named among Washington DC's 500 Most Influential People of 2024 by the Washingtonian! Their unwavering commitment to defending civil liberties is truly commendable and sets a powerful example. In this episode, Mark and Jenin discuss the award as well as the Bradley Award recently bestowed upon NCLA client Jay Bhattacharya for his work during the pandemic.See omnystudio.com/listener for privacy information.

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12:30

NCLA Discusses Harrow v. Department of Defense SCOTUS...

Administrative Static Podcast ·

2024/05/25

The Supreme Court recently issued its opinion in Harrow v. Department of Defense. In this case, the Court reviewed a judgment from the Federal Circuit, which originally stemmed from a decision by the Merit Systems Protection Board. The Federal Circuit had held that the 60-day statutory deadline for Harrow to file his petition for review was a “jurisdictional requirement” and thus “precludes equitable exceptions.” In a unanimous decision authored by Justice Kagan, the Supreme Court vacated and

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12:30

NCLA Plans to Sue CPSC over Comm’r Trumka’s Illegal...

Administrative Static Podcast ·

2024/05/22

The NCLA has notified the U.S. Consumer Product Safety Commission (CPSC) of its intent to sue the agency over Commissioner Richard Trumka’s alleged violation of Dreamland Baby Co.’s constitutional and statutory rights. Dreamland, which manufactures infant and toddler products, claims Trumka made false and damaging public statements suggesting its wearable infant sleep sacks caused infant deaths. The NCLA’s letter demands that CPSC and Trumka preserve all related documents and communications and

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12:30

SCOTUS rules in Consumer Financial Protection Bureau...

Administrative Static Podcast ·

2024/05/22

In a 7-2 decision, the US Supreme Court ruled in Consumer Financial Protection Bureau v. Community Financial Services Association of America that the Consumer Financial Protection Bureau's (CFPB) funding mechanism is constitutional.The CFPB operates with a funding method outside direct Congressional control. The NCLA, along with The Buckeye Institute and the Manhattan Institute for Policy Research, filed an amicus curiae brief urging the Court to overturn the CFPB’s funding method as a violation of

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12:30

In NCLA Amicus Win, and FTC Amicus Loss, Second...

Administrative Static Podcast ·

2024/05/22

The U.S. Court of Appeals for the Second Circuit upheld the dismissal of the In re Bystolic antitrust lawsuit! NCLA supported this outcome in its amicus brief, while the Federal Trade Commission (FTC) supported the plaintiffs despite not filing suit. NCLA argued that plaintiffs must show a large net payment, not just a large gross payment, to prove antitrust violations. The Second Circuit ruled that plaintiffs failed to state a valid claim. NCLA and the International Center for Law and Economics

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12:30

NCLA Asks en Banc Fifth Circuit to Vacate Legally...

Administrative Static Podcast ·

2024/05/22

NCLA has filed a brief urging the en banc U.S. Court of Appeals for the Fifth Circuit to overturn Nasdaq’s "Board Diversity Rules," which the SEC implemented without statutory authority. These rules require Nasdaq-listed companies to meet gender, race, and sexual orientation quotas for their boards or explain why, under threat of delisting. Additionally, the SEC will provide lists of candidates to companies unable to meet these quotas. A Fifth Circuit panel had upheld these rules, but the en banc

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12:30

NCLA Defeats Motion to Dismiss, Wins Expedited...

Administrative Static Podcast ·

2024/05/20

The U.S. District Court for the Eastern District of Texas has denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s request to transfer venue to the U.S. District Court for the District of Columbia. NCLA now looks forward to revealing the true depth of this egregious

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12:30

NCLA Defeats Motion to Dismiss, Wins Expedited...

Administrative Static Podcast ·

2024/05/20

The U.S. District Court for the Eastern District of Texas has denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s request to transfer venue to the U.S. District Court for the District of Columbia. NCLA now looks forward to revealing the true depth of this egregious

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12:30

NCLA Asks Supreme Court to Uphold a Small Business’s...

Administrative Static Podcast ·

2024/05/20

The U.S. Court of Appeals for the Eighth Circuit upheld the dismissal of Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling that the six-year statute of limitations to challenge the rule had already expired. However, Corner Post did not exist until more than six years after the rule issued, and it filed suit less than four years after opening for business. The New Civil Liberties Alliance has filed an amicus curiae brief in Corner Post, Inc. v. Board of Governors of the Federal

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12:30

NCLA Discusses House Financial Services Committee...

Administrative Static Podcast ·

2024/05/20

A House Financial Services Committee recently held a hearing titled 'SEC Enforcement: Balancing Deterrence with Due Process.' The hearing focused on a number of issues that NCLA has been litigating, such as denial of due process rights through in-house adjudications, lack of jury trial rights, abusive processes in SEC investigations, use of disgorgement, the Gag rule, etc. In this latest episode, Vec is joined by NCLA's Kara Rollins to discuss the hearing.See omnystudio.com/listener for privacy

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12:30

NCLA Discusses Recent House Hearing on Biden...

Administrative Static Podcast ·

2024/05/09

The House Subcommittee on the Weaponization of the Federal Government convened a hearing pertinent to two of NCLA's cases challenging the government's unconstitutional infringement on freedom of speech—Murthy v. Missouri and Changizi v. HHS. The hearing scrutinized the Biden White House's censorship policies implemented during the COVID-19 pandemic. In this episode, Jenin, Vec, and Mark delve into the proceedings of the hearing.See omnystudio.com/listener for privacy information.

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12:30

NCLA Discusses Constitutional Government in a...

Administrative Static Podcast ·

2024/05/09

When a federal judge accedes to an agency's interpretation of the law, it essentially deprives the non-governmental party involved in the litigation of due process. Moreover, such deference undermines the judge's Article III mandate to uphold judicial independence. The notion of Chevron deference becomes particularly untenable when considering these significant drawbacks. NCLA is actively challenging Chevron in the case of Relentless v. DOC, staunchly advocating for judicial independence. In this

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12:30

Grassley Challenges Lack of Transparency in Biden...

Administrative Static Podcast ·

2024/05/09

In their latest episode, Vec, Mark, and Jenin delve into the contentious firing of Martin Dickman, the inspector general of the U.S. Railroad Retirement Board (RRB), by the Biden Administration. Questions surrounding allegations of creating a "hostile work environment" have drawn scrutiny, prompting Senator Chuck Grassley to address the lack of clarity in the reasons provided to Congress for Dickman's dismissal. See omnystudio.com/listener for privacy information.

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12:30

NCLA Lawsuit Seeks to Set Aside the Department of...

Administrative Static Podcast ·

2024/05/09

NCLA has filed a Complaint in the U.S. District Court for the District of New Mexico, challenging the U.S. Department of Labor’s vague new independent contractor rule. Promulgated earlier this year, the rule distorts the standard for determining if someone hired by a company can be classified as an independent contractor, instead of an employee subject to the Fair Labor Standards Act’s (FLSA) wage and hour requirements. Representing the family-owned company Colt & Joe Trucking, NCLA asks the

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12:30

Vec Reports on Oral Argument in Trump v. United States

Administrative Static Podcast ·

2024/05/06

Vec recently attended the SCOTUS argument in the case of Trump v. United States. This pivotal case aims to define the scope of immunity for former presidents regarding potential criminal prosecution for actions allegedly tied to their official duties while in office. In this episode, Mark and Vec discuss the highlights of the oral argument and case. See omnystudio.com/listener for privacy information.

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12:30

NCLA Seeks Injunction to Halt U.S. State...

Administrative Static Podcast ·

2024/05/06

NCLA has filed a motion seeking a preliminary injunction from the U.S. District Court for Eastern District of Texas to stop one of the most egregious violations of free speech and free press rights in history. The U.S. State Department has funded the development, testing, and marketing of censorship technology used to suppress First Amendment-protected speech by disfavored media outlets including The Daily Wire and The Federalist based on their viewpoints. NCLA proudly represents these outlets

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12:27

NCLA Amicus Brief Asks Ninth Circuit to Stop Bureau...

Administrative Static Podcast ·

2024/05/06

NCLA filed an amicus curiae brief in U.S. v. Pheasant, urging the U.S. Court of Appeals for the Ninth Circuit to affirm a decision barring the Bureau of Land Management (BLM) from wielding legislative power to criminalize activity on public lands. Gregory Pheasant was charged with three violations of BLM rules for allegedly failing to use a taillight on his dirt bike at night on federal land in Nevada. A federal district court dismissed the charges, ruling that Congress unconstitutionally delegated

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12:30

NCLA Amicus Brief Tells D.C. Circuit It Must Avoid...

Administrative Static Podcast ·

2024/05/06

NCLA has filed an amicus curiae brief in Cigar Association of America v. FDA, urging the U.S. Court of Appeals for the District of Columbia Circuit to reject the “remand without vacatur” legal doctrine. This dubious practice allows administrative agencies to continue enforcing rules the court has just declared unlawful. The doctrine creates a legal category unknown to the law: Unlawful but enforceable rules. Instead of sending them back, courts must set aside unlawful rules.Mark and Vec discuss the

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