by nclaadmin | Nov 6, 2019 | Opinion
Federal administrators must love Darth Vader’s iconic –and ominous– line, “I’m altering the deal. Pray I don’t alter it any further.” That’s because the Brand X deference doctrine lets them. Deference doctrines require...
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 | Apr 20, 2018 | Opinion
Written by Philip Hamburger The Securities and Exchange Commission enjoys its prestige because of its important task in regulating the securities markets, and because it is widely assumed that it acts fairly and lawfully in prosecuting and punishing insider traders....
by NCLA | Jul 5, 2018 | Opinion
NCLA has taken a hard look at the rumored top contenders to replace Justice Kennedy, using exclusively the criterion of which judge is most likely to adhere to the Constitution’s constraints on the administrative state. Click here to read complete document....
by NCLA | Jul 30, 2018 | Opinion
Written by Caleb Kruckenberg “After decades of unchecked expansion of the administrative state, Washington finally has recognized that it has a problem. The current administration has made an earnest commitment to regulatory reform as a matter of policy. But to...
by NCLA | Aug 8, 2018 | Opinion
Written by Michael P. DeGrandis In the 1996 cinematic comedy Mars Attacks, Martians destroy Congress, prompting President James Dale (played by Jack Nicholson) to reassure the country by saying, “I want the people to know that they still have two out of three...
