In a significant victory for constitutional order, the en banc U.S. Court of Appeals for the Fifth Circuit has ruled in Consumers’ Research v. Federal Communications Commission that Congress unlawfully delegated legislative power to the FCC, allowing it to control the Universal Service Fund (USF). NCLA played a pivotal role in this outcome, filing an amicus curiae brief that highlighted the legal flaws in the FCC's authority.

Join Vec and NCLA General Counsel and Senior Litigation Counsel Zhonette Brown as they delve into this decision, its implications for the FCC, and what it means for American taxpayers.

In a significant victory for constitutional order, the en banc U.S. Court of Appeals for the Fifth Circuit has ruled in Consumers’ Research v. Federal Communications Commission that Congress unlawfully delegated legislative power to the FCC, allowing it to control the Universal Service Fund (USF). NCLA played a pivotal role in this outcome, filing an amicus curiae brief that highlighted the legal flaws in the FCC's authority.
Join Vec and NCLA General Counsel and Senior Litigation Counsel Zhonette Brown as they delve into this decision, its implications for the FCC, and what it means for American taxpayers.

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

In NCLA Amicus Win, Fifth Circuit Rules Against FCC’s Unlawful Control of Universal Service Fund

NCLA has filed for summary judgment in Flint Avenue v. Department of Labor, urging the Northern District of Texas to strike down a new DOL rule that exceeds its authority. The rule sets a $58,656 minimum salary for exempting “white collar” employees from FLSA’s wage and overtime requirements, impacting millions of workers nationwide.

The rule would force employers to raise salaries or reclassify employees as hourly, limiting flexible work options. Flint Avenue, LLC, a small software company, faces losing its ability to offer perks like unlimited vacation. Tune in to hear Mark and Vec dive into this critical case.

NCLA has filed for summary judgment in Flint Avenue v. Department of Labor, urging the Northern District of Texas to strike down a new DOL rule that exceeds its authority. The rule sets a $58,656 minimum salary for exempting “white collar” employees from FLSA’s wage and overtime requirements, impacting millions of workers nationwide.
The rule would force employers to raise salaries or reclassify employees as hourly, limiting flexible work options. Flint Avenue, LLC, a small software company, faces losing its ability to offer perks like unlimited vacation. Tune in to hear Mark and Vec dive into this critical case.

NCLA Asks Court to End DOL’s Illegal Power Grab, Overturn Wage and Overtime Exemption Rule

Join Mark and Vec as they explore NCLA’s latest legal challenge in Colt & Joe Trucking v. U.S. Department of Labor. NCLA is fighting to overturn DOL’s new rule, which makes it harder for businesses to classify workers as independent contractors, potentially leading to increased FLSA liabilities for small businesses.

This episode dives into issues with the rule, including its vague standards and the controversy surrounding Acting Labor Secretary Julie Su’s authority to enforce it. Tune in to learn more about this crucial case.

Join Mark and Vec as they explore NCLA’s latest legal challenge in Colt &amp; Joe Trucking v. U.S. Department of Labor. NCLA is fighting to overturn DOL’s new rule, which makes it harder for businesses to classify workers as independent contractors, potentially leading to increased FLSA liabilities for small businesses.
This episode dives into issues with the rule, including its vague standards and the controversy surrounding Acting Labor Secretary Julie Su’s authority to enforce it. Tune in to learn more about this crucial case.

NCLA Asks Federal Court to Vacate the Dept. of Labor’s Unlawful New Independent Contractor Rule

NCLA, with its founder Professor Philip Hamburger, has filed a crucial amicus curiae brief in the case of New York v. Donald Trump. They are challenging a New York law used by Attorney General Letitia James to prosecute Trump for alleged fraud. Unlike typical fraud cases, New York Executive Law § 63.12 allows for penalties simply for making incorrect business statements, without needing to prove intent or harm.

NCLA argues that this law infringes on First Amendment rights and is urging the court to overturn it to safeguard free speech for everyone. In this episode, Mark, Vec, and Senior Litigation Counsel Greg Dolin discuss the case and its broader implications.

NCLA, with its founder Professor Philip Hamburger, has filed a crucial amicus curiae brief in the case of New York v. Donald Trump. They are challenging a New York law used by Attorney General Letitia James to prosecute Trump for alleged fraud. Unlike typical fraud cases, New York Executive Law § 63.12 allows for penalties simply for making incorrect business statements, without needing to prove intent or harm.
NCLA argues that this law infringes on First Amendment rights and is urging the court to overturn it to safeguard free speech for everyone. In this episode, Mark, Vec, and Senior Litigation Counsel Greg Dolin discuss the case and its broader implications.

In NCLA Amicus Win, Fifth Circuit Rules Against FCC’s Unlawful Control of Universal Service Fund

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