NCLA has filed an amicus curiaebrief in Cigar Association of America v. FDA, urging the U.S. Court of Appeals for the District of Columbia Circuit to reject the “remand without vacatur” legal doctrine. This dubious practice allows administrative agencies to continue enforcing rules the court has just declared unlawful. The doctrine creates a legal category unknown to the law: Unlawful but enforceable rules. Instead of sending them back, courts must set aside unlawful rules.

Mark and Vec discuss the case in this episode. 

NCLA has filed an amicus curiae <a href="https://nclalegal.org/wp-content/uploads/2024/04/2024.4.22-NCLA-Amicus-CAA.pdf" data-wpel-link="internal">brief</a> in Cigar Association of America v. FDA, urging the U.S. Court of Appeals for the District of Columbia Circuit to reject the “remand without vacatur” legal doctrine. This dubious practice allows administrative agencies to continue enforcing rules the court has just declared unlawful. The doctrine creates a legal category unknown to the law: Unlawful but enforceable rules. Instead of sending them back, courts must set aside unlawful rules. Mark and Vec discuss the case in this episode.

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. 

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.&nbsp;

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