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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 Asks Court to End DOL’s Illegal Power Grab,...

Administrative Static Podcast ·

2024/08/10

NCLA has filed for summary judgment in Flint Avenue v. Department of Labor, urging the Northern District of Texas to strike down a new DOL rule that exceeds its authority. The rule sets a $58,656 minimum salary for exempting “white collar” employees from FLSA’s wage and overtime requirements, impacting millions of workers nationwide. The rule would force employers to raise salaries or reclassify employees as hourly, limiting flexible work options. Flint Avenue, LLC, a small software company, faces

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12:30

NCLA Asks Federal Court to Vacate the Dept. of...

Administrative Static Podcast ·

2024/08/10

Join Mark and Vec as they explore NCLA’s latest legal challenge in Colt & Joe Trucking v. U.S. Department of Labor. NCLA is fighting to overturn DOL’s new rule, which makes it harder for businesses to classify workers as independent contractors, potentially leading to increased FLSA liabilities for small businesses. This episode dives into issues with the rule, including its vague standards and the controversy surrounding Acting Labor Secretary Julie Su’s authority to enforce it. Tune in to

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12:30

NCLA Amicus Brief in NY Case Against Trump Explains...

Administrative Static Podcast ·

2024/08/10

NCLA, with its founder Professor Philip Hamburger, has filed a crucial amicus curiae brief in the case of New York v. Donald Trump. They are challenging a New York law used by Attorney General Letitia James to prosecute Trump for alleged fraud. Unlike typical fraud cases, New York Executive Law § 63.12 allows for penalties simply for making incorrect business statements, without needing to prove intent or harm. NCLA argues that this law infringes on First Amendment rights and is urging the court to

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12:30

Federal Circuit Revives Lawsuit Against CDC’s Illegal...

Administrative Static Podcast ·

2024/08/10

The U.S. Court of Appeals for the Federal Circuit has reversed a decision by the U.S. Court of Federal Claims, bringing new momentum to the Darby Development Company v. U.S. case. This pivotal ruling challenges the CDC’s nationwide eviction moratorium as a potential violation of the Fifth Amendment’s Taking Clause, demanding just compensation for property owners. Join Mark and Vec as they discuss this landmark decision with NCLA Senior Litigation Counsel Greg Dolin. Tune in to explore the

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12:30

NCLA Asks Tenth Circuit to Stop Education Dept.’s...

Administrative Static Podcast ·

2024/08/03

In its latest student loan legal challenge, NCLA has filed an amicus curiae brief in the case of Alaska, South Carolina, and Texas v. Department of Education before the U.S. Court of Appeals for the Tenth Circuit. NCLA is pushing for the Court to uphold and expand a preliminary injunction against the Department’s "SAVE" plan, which unlawfully alters the 1993 Higher Education Act amendments to transform authorized student-loan-repayment plans into unauthorized loan-cancellation schemes—costing

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12:30

In NCLA Amicus Win, Fifth Circuit Rules Against FCC’s...

Administrative Static Podcast ·

2024/08/03

In a significant victory for constitutional order, the en banc U.S. Court of Appeals for the Fifth Circuit has ruled in Consumers’ Research v. Federal Communications Commission that Congress unlawfully delegated legislative power to the FCC, allowing it to control the Universal Service Fund (USF). NCLA played a pivotal role in this outcome, filing an amicus curiae brief that highlighted the legal flaws in the FCC's authority. Join Vec and NCLA General Counsel and Senior Litigation Counsel Zhonette

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12:30

Fired for Free Speech? The Case of San Antonio's Poet...

Administrative Static Podcast ·

2024/08/03

Join Jenin and Vec, along with NCLA's Casey Norman, as they unpack the explosive case of Nephtalí De León, a celebrated Chicano writer and activist wrongfully terminated from his position as San Antonio’s poet laureate. NCLA has filed a Complaint against the City of San Antonio and city employee Krystal Jones, alleging De León's firing violated his First Amendment rights after he was defamed for a supposed "racial slur" in an elegy honoring a Chicano writer-activist. Discover how the City’s actions

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12:30

California's Deepfake Crackdown: Free Speech or...

Administrative Static Podcast ·

2024/08/03

Governor Gavin Newsom recently announced his intention to sign new legislation targeting the use of artificial intelligence in campaign ads, following a viral altered ad of Vice President Kamala Harris reposted by Elon Musk. The proposed law would mandate social media companies to remove deepfake content featuring political candidates 120 days before an election, placing the responsibility on these platforms to monitor and enforce the rules. In this episode, Vec and Jenin delve into the potential

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12:30

Judge Dismisses Jankowicz Lawsuit Against Fox News:...

Administrative Static Podcast ·

2024/07/27

In a recent ruling, a Delaware judge dismissed Nina Jankowicz’s lawsuit against Fox News. The judge found that the alleged defamatory statements about Jankowicz—former head of the DHS disinformation board—were either focused on the board itself or were materially true. Jankowicz had claimed Fox falsely accused her of wanting to censor speech and edit tweets. This case has important implications for discussions on disinformation and social media censorship, touching on themes similar to the NCLA's

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12:30

NCLA Demands CPSC and Comr. Trumka Rescind False...

Administrative Static Podcast ·

2024/07/27

NCLA is challenging the U.S. Consumer Product Safety Commission for its misleading and harmful claims about Dreamland Baby Co.'s weighted sleep products. Our formal demand for a retraction addresses Commissioner Richard Trumka's unfounded warnings and the CPSC’s failure to follow proper procedures before making safety claims. Discover how we’re pushing back against these unjust actions and ensuring that government agencies adhere to the law. Join Litigation Counsel Kara Rollins, Vec, and Mark as

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12:30

NCLA Asks Third Circuit to Rule Against HHS’s...

Administrative Static Podcast ·

2024/07/27

NCLA is taking a stand in Bristol Myers Squibb Company v. Becerra! We've filed an amicus curiae brief with the U.S. Court of Appeals for the Third Circuit, challenging the Department of Health and Human Services' (HHS) attempt to hold a company’s business hostage to force it to give up its constitutional property rights. Our brief argues that this violates the “unconstitutional conditions” doctrine, which protects against indirect violations of constitutional rights. Tune in as NCLA Senior

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12:30

NCLA Asks Supreme Court to Restore Presidential...

Administrative Static Podcast ·

2024/07/27

NCLA has filed an amicus curiae brief urging the Supreme Court to hear Consumers’ Research v. Consumer Product Safety Commission. This case presents a golden opportunity to overturn the 1935 Humphrey’s Executor v. Federal Trade Commission decision and address the unconstitutional structure of the CPSC. Under current law, the President can only fire CPSC commissioners “for neglect of duty or malfeasance in office,” insulating them from removal and violating the “Take Care” clause of Article II of the

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12:30

NCLA Asks Supreme Court to Block Education Dept.’s...

Administrative Static Podcast ·

2024/07/20

NCLA is fighting back against the Department of Education’s $475 billion “SAVE” plan, which illegally shifts student loan debt to taxpayers! The plan rewrites the Higher Education Act in ways Congress never approved. After a divided Tenth Circuit panel lifted a crucial injunction against this scheme, NCLA has teamed up with the Cato Institute, Mackinac Center, and Defense of Freedom Institute to challenge this unconstitutional overreach. Join Mark, Vec, and Jenin as they dive into this explosive

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12:30

NCLA Challenges Government’s Censorship of Support...

Administrative Static Podcast ·

2024/07/20

NCLA is taking on government censorship once more! In Dressen v. Flaherty, we're challenging the federal government’s collusion with social media giants and the Stanford Internet Observatory’s Virality Project to censor online support groups for COVID-19 vaccine injuries, echoing our fight in Murthy v. Missouri. Join NCLA’s Casey Norman with Mark, Jenin, and Vec as they explore this critical case and the fight to restore the plaintiffs' civil liberties.See omnystudio.com/listener for privacy

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12:30

NCLA Asks Eighth Circuit to Reject Blanket Immunity...

Administrative Static Podcast ·

2024/07/20

NCLA’s amicus brief in Mohamud v. Weyker takes on a dangerous trend of courts shielding cross-deputized officers from accountability. This critical case argues that Americans should still have the right to pursue damages for constitutional violations, even when officers are operating under both state and federal authority. In this episode, Mark, Vec, and Jenin are joined by NCLA’s Casey Norman to unpack the implications of this high-stakes legal battle and how this case is pivotal for holding law

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12:30

Tenth Circuit Overturns NCLA Client’s Wrongful...

Administrative Static Podcast ·

2024/07/20

The U.S. Court of Appeals for the Tenth Circuit has overturned David Lesh’s criminal conviction, declaring that the USFS regulation banning “work activity” on their lands was too vague. Lesh’s crime? Posting photos on Instagram! In this episode, Jenin, Mark, and Vec delve into the case with NCLA’s Kara Rollins, exploring the ruling's implications and debating whether the petty offense exception needs a constitutional overhaul. See omnystudio.com/listener for privacy information.

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12:30

In Landmark Victory for Civil Liberties, NCLA...

Administrative Static Podcast ·

2024/07/13

The U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. NRDC case, ending the unconstitutional Chevron doctrine. This landmark ruling came in NCLA’s case, Relentless Inc. v. Dept. of Commerce, argued alongside Loper Bright Enterprises v. Raimondo. The Court vacated the First Circuit’s decision upholding NOAA’s rule requiring fishing companies to pay for at-sea government monitors. In this episode, Mark, Vec, and Jenin continue to discuss this case and celebrate this monumental victory

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12:30

In Landmark Victory for Civil Liberties, NCLA...

Administrative Static Podcast ·

2024/07/13

The U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. NRDC case, ending the unconstitutional Chevron doctrine. This landmark ruling came in NCLA’s case, Relentless Inc. v. Dept. of Commerce, argued alongside Loper Bright Enterprises v. Raimondo. The Court vacated the First Circuit’s decision upholding NOAA’s rule requiring fishing companies to pay for at-sea government monitors. In this episode, Mark, Vec, and Jenin celebrate this monumental victory, which will curtail administrative

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12:30

In NCLA Amicus Win, Supreme Court Upholds Small...

Administrative Static Podcast ·

2024/07/13

The U.S. Supreme Court revived Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling 6-3 that the six-year limit for challenging the rule had not expired when the North Dakota convenience store filed suit in 2021. Agreeing with NCLA's amicus brief, the Court determined the statute of limitations should start when Corner Post began operating in 2018, despite the rule being issued in 2011. This decision allows for meaningful judicial review of regulations, even for new businesses. In

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12:30

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

Administrative Static Podcast ·

2024/07/13

The U.S. Supreme Court has restored the right to a jury trial for Americans facing the Administrative State by affirming the Fifth Circuit’s decision in SEC v. Jarkesy. This overturned the SEC’s unconstitutional administrative prosecution regime, which targeted George R. Jarkesy, Jr. in a lengthy administrative proceeding without a jury. The Court, agreeing with NCLA's brief, ruled 6-3 that the SEC violated Jarkesy’s Seventh Amendment rights. In this episode, Mark, Vec, and Jenin are joined by

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192 results

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