by judy.pino@ncla.legal | May 29, 2020 | Blog
As we poke our heads above ground to survey the damage visited on our shores by the coronavirus, it is imperative that we move forward with an intelligent, focused, and effective plan of action for rebuilding the economies and promise of our communities, our...
by judy.pino@ncla.legal | Jun 5, 2020 | Blog
Most people have heard that “absolute power corrupts absolutely,” but we have to worry before corruption is absolute. Seemingly small, every-day abuses of power can have real effects on our lives and can slowly chip away at our resolve and our faith in...
by judy.pino@ncla.legal | Jun 11, 2020 | Blog, Kara Rollins
Last fall, President Trump issued two Executive Orders aimed at reining in unlawful administrative state action. Together, the orders represented a welcome change for regulated parties, who too often find themselves in regulatory agencies’ crosshairs with little...
by judy.pino@ncla.legal | Jun 25, 2020 | Blog, John J. Vecchione
While the Supreme Court’s ruling to reduce the SEC’s power to inflict so-called “disgorgement’ penalties on its targets is welcome news, it is disappointing that it did not go further. In a narrow win for the Petitioners the Supreme Court held:...
by judy.pino@ncla.legal | Jun 30, 2020 | Blog, Kara Rollins
Executive Orders are one source of egregious expansions of administrative power, and NCLA litigators frequently challenge unconstitutional exercises of lawmaking by executive fiat. For example, see NCLA’s recent amicus brief challenging the authority of the...
by judy.pino@ncla.legal | Jul 9, 2020 | Blog
Indian River County, Florida v. Department of Transportation presents a dangerous case of the D.C. Circuit putting the skids under Skidmore deference. If allowed to stand, the D.C. Circuit’s decision would make Skidmore more deferential than Kisor and Chevron....
