In a 7-2 decision, the US Supreme Court ruled in Consumer Financial Protection Bureau v. Community Financial Services Association of America that the Consumer Financial Protection Bureau's (CFPB) funding mechanism is constitutional.

The CFPB operates with a funding method outside direct Congressional control. The NCLA, along with The Buckeye Institute and the Manhattan Institute for Policy Research, filed an amicus curiae brief urging the Court to overturn the CFPB’s funding method as a violation of the Constitution’s Appropriations Clause.

NCLA's Mark and Vec have a lively discussion about this decision in this latest episode! 

In a 7-2 decision, the US Supreme Court ruled in Consumer Financial Protection Bureau v. Community Financial Services Association of America that the Consumer Financial Protection Bureau's (CFPB) funding mechanism is constitutional.
The CFPB operates with a funding method outside direct Congressional control. The NCLA, along with The Buckeye Institute and the Manhattan Institute for Policy Research, filed an amicus curiae brief urging the Court to overturn the CFPB’s funding method as a violation of the Constitution’s Appropriations Clause.
NCLA's Mark and Vec have a lively discussion about this decision in this latest 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;

Administrative Static Podcast

Administrative Static

SCOTUS rules in Consumer Financial Protection Bureau v. Community Financial Services Association of America

The U.S. Court of Appeals for the Tenth Circuit has reversed a district court decision in Johnson v. Smith that upheld a Kansas state law authorizing intrusive warrantless searches for dog training and handling businesses.

NCLA filed an amicus curiaebrief explaining that the warrantless-search law infringes the Appellants’ Fourth Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While the Tenth Circuit affirmed the district court’s dismissal of the Appellants’ claim that the state law violates their right to travel, it remanded the case to the lower court to determine whether the Fourth Amendment authorizes warrantless searches of dog training and handling businesses—the issue we briefed.

In this episode, Mark and John celebrate the win and discuss the case

The U.S. Court of Appeals for the Tenth Circuit has <a href="https://nclalegal.org/filing/decision-of-the-u-s-court-of-appeals-for-the-tenth-circuit/">reversed</a> a district court decision in Johnson v. Smith that upheld a Kansas state law authorizing intrusive warrantless searches for dog training and handling businesses.
NCLA filed an amicus curiae <a href="https://nclalegal.org/filing/ncla-amicus-curiae-brief-in-support-of-appellants/">brief</a> explaining that the warrantless-search law infringes the Appellants’ Fourth Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While the Tenth Circuit affirmed the district court’s dismissal of the Appellants’ claim that the state law violates their right to travel, it remanded the case to the lower court to determine whether the Fourth Amendment authorizes warrantless searches of dog training and handling businesses—the issue we briefed.
In this episode, Mark and John celebrate the win and discuss the case

Tenth Circuit Clears Path to Toppling Intrusive Dog Kennel Inspection Regime

The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law.

Justice Thomas authored the Court’s opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary injunctions unless the NLRB meets four requirements: (1) it is likely to succeed on the merits; (2) it would suffer irreparable injury absent an injunction; (3) the balance of equities favors an injunction; and (4) an injunction serves the public interest. 

Today’s decision overrules the five federal circuits that have been applying a relaxed standard when NLRB seeks a preliminary injunction, permitting it to punish an employer based on legal and factual allegations that are most likely meritless. In this episode, Mark, John, and Jenin discuss celebrate the victory and discuss the case. 

The U.S. Supreme Court issued an 8-1 <a href="https://nclalegal.org/filing/decision-of-the-u-s-supreme-court-6/">decision</a> in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law.
Justice Thomas authored the Court’s opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary injunctions unless the NLRB meets four requirements: (1) it is likely to succeed on the merits; (2) it would suffer irreparable injury absent an injunction; (3) the balance of equities favors an injunction; and (4) an injunction serves the public interest. 
Today’s decision overrules the five federal circuits that have been applying a relaxed standard when NLRB seeks a preliminary injunction, permitting it to punish an employer based on legal and factual allegations that are most likely meritless. In this episode, Mark, John, and Jenin discuss celebrate the victory and discuss the case.

Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard

The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.”

ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns.

NCLA commends the high court for permanently setting ATF’s ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress.

Mark, John, and Jenin celebrate this victory and dive into the case and the meaning of "machineguns" in this latest episode.

The U.S. Supreme Court has <a href="https://nclalegal.org/filing/decision-of-the-u-s-supreme-court-7/">ruled</a> 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.”
ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency’s own long-standing recognition that bump-stock-equipped firearms are not machine guns.
NCLA commends the high court for permanently setting ATF’s ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress.
Mark, John, and Jenin celebrate this victory and dive into the case and the meaning of "machineguns" in this latest episode.

SCOTUS rules in Consumer Financial Protection Bureau v. Community Financial Services Association of America

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