by trevor.schakohl@ncla.legal | Feb 28, 2024 | Mark Chenoweth, Opinion
The U.S. Supreme Court hears oral arguments this week regarding the federal ban on bump stocks, a disturbing sequence of events that culminated in a federal agency branding hundreds of thousands of Americans as criminals without congressional action. This is one...
by trevor.schakohl@ncla.legal | Jan 17, 2024 | Mark Chenoweth, Opinion
Like North Atlantic squalls pounding away at the New England shoreline, judicial deference doctrines have eroded the civil liberties ordinary Americans enjoy. No one can hold back the tide, but the Supreme Court has the opportunity to stop the erosion of civil...
by NCLA | Mar 1, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on March 1, 2019 Speaker of the House Nancy Pelosi recently warned Republicans that if a GOP president can declare a national emergency over a wall on the southern border, the next Democrat president could declare one over gun violence....
by NCLA | Jun 18, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 18, 2019 Wide consequences will stem from the U.S. Court of Appeals for the Ninth Circuit’s recent decision granting qualified immunity to several Fresno, California police officers sued for theft. These consequences will prove...
by NCLA | Jul 1, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 30, 2019 Chief Justice John Roberts lent the crucial fifth vote to uphold so-called Auer deference (solely on stare decisis grounds) in last week’s Kisor v. Wilkie case at the U.S. Supreme Court. In so doing, he wrote that “the...
by NCLA | Jul 24, 2019 | Mark Chenoweth, Opinion, Peggy Little
The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...
