by judy.pino@ncla.legal | May 14, 2020 | Mark Chenoweth, Opinion
U.S. District Court Judge Emmet Sullivan disregarded two controlling precedents from higher courts with his decision to appoint John Gleeson as amicus curiae in the U.S. v. Michael Flynn case this week. Judicial conduct similar to J. Sullivan’s in these prior, far...
by judy.pino@ncla.legal | Jul 2, 2020 | Mark Chenoweth, Opinion
The novel coronavirus pandemic has many Americans struggling to keep the wolf from the door of their homes and businesses. For Pennsylvanians, the threat has become all the more menacing, because the wolf at their doors is the governor—and the state supreme court just...
by judy.pino@ncla.legal | Aug 27, 2020 | Mark Chenoweth, Opinion
The U.S. Supreme Court’s June 29, 2020 decision in Seila Law LLC v. Consumer Financial Protection Bureau fixed a glaring constitutional defect in the way Congress structured the Consumer Financial Protection Bureau (CFPB or Bureau). “[D]eviat[ing] from the structure...
by judy.pino@ncla.legal | Mar 5, 2020 | Mark Chenoweth, Opinion
When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamented that “Brand X has taken this Court to the precipice of administrative absolutism.” Given that Thomas himself authored NCTA v. Brand X...
by NCLA | Nov 8, 2018 | Mark Chenoweth, Opinion
What has already been a very good year for Chevron reform just got even better. By rejecting officially sanctioned judicial bias, Florida voters furthered a positive trend that has turned 2018 into the year of the Chevronrevolt. With the passage of Amendment 6, the...
by NCLA | Dec 3, 2018 | Mark Chenoweth, Opinion
“November 30, 2018 marked an obscure but important one-year anniversary. On that date, shortly after the Solicitor General had filed a brief confessing error in the U.S. Supreme Court, the Securities and Exchange Commission sought to fix the newly exposed...
