100 episodes

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 Podcast Administrative Static

    • Government

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. 

    NCLA Plans to Sue CPSC over Comm’r Trumka’s Illegal Efforts to Stop Sales of Weighted Sleep Sacks

    NCLA Plans to Sue CPSC over Comm’r Trumka’s Illegal Efforts to Stop Sales of Weighted Sleep Sacks

    The NCLA has notified the U.S. Consumer Product Safety Commission (CPSC) of its intent to sue the agency over Commissioner Richard Trumka’s alleged violation of Dreamland Baby Co.’s constitutional and statutory rights. Dreamland, which manufactures infant and toddler products, claims Trumka made false and damaging public statements suggesting its wearable infant sleep sacks caused infant deaths. The NCLA’s letter demands that CPSC and Trumka preserve all related documents and communications and cease their illegal actions against Dreamland. 

    NCLA's Kara Rollins joins Mark, Vec, and Jenin to discuss the details.
    See omnystudio.com/listener for privacy information.

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

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

    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! 
    See omnystudio.com/listener for privacy information.

    • 12 min
    In NCLA Amicus Win, and FTC Amicus Loss, Second Circuit Upholds Decision Dismissing Antitrust Suit

    In NCLA Amicus Win, and FTC Amicus Loss, Second Circuit Upholds Decision Dismissing Antitrust Suit

    The U.S. Court of Appeals for the Second Circuit upheld the dismissal of the In re Bystolic antitrust lawsuit! NCLA supported this outcome in its amicus brief, while the Federal Trade Commission (FTC) supported the plaintiffs despite not filing suit. NCLA argued that plaintiffs must show a large net payment, not just a large gross payment, to prove antitrust violations. The Second Circuit ruled that plaintiffs failed to state a valid claim. NCLA and the International Center for Law and Economics (ICLE) applaud this decision!Mark and Vec discuss and celebrate the victory in this latest episode. 
    See omnystudio.com/listener for privacy information.

    • 12 min
    NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules

    NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules

    NCLA has filed a brief urging the en banc U.S. Court of Appeals for the Fifth Circuit to overturn Nasdaq’s "Board Diversity Rules," which the SEC implemented without statutory authority. These rules require Nasdaq-listed companies to meet gender, race, and sexual orientation quotas for their boards or explain why, under threat of delisting. Additionally, the SEC will provide lists of candidates to companies unable to meet these quotas. A Fifth Circuit panel had upheld these rules, but the en banc court has agreed to rehear the case. The 1934 Securities and Exchange Act restricts the SEC to roles ensuring fair markets, investor protection, and efficient capital formation, which the NCLA argues the SEC has exceeded.

    Mark, Vec, and Jenin are joined by NCLA's Peggy Little to discuss the recent oral argument in the case. 
    See omnystudio.com/listener for privacy information.

    • 12 min
    NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship

    NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship

    The U.S. District Court for the Eastern District of Texas has denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s request to transfer venue to the U.S. District Court for the District of Columbia.

    NCLA now looks forward to revealing the true depth of this egregious censorship regime via expedited discovery, and to stopping the State Department from abridging Americans’ civil liberties. Jenin Younes and NCLA's Peggy Little continue to discuss the case and the judge's order. 
    See omnystudio.com/listener for privacy information.

    • 12 min
    NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship

    NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship

    The U.S. District Court for the Eastern District of Texas has denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s request to transfer venue to the U.S. District Court for the District of Columbia.

    NCLA now looks forward to revealing the true depth of this egregious censorship regime via expedited discovery, and to stopping the State Department from abridging Americans’ civil liberties. Jenin Younes is joined by NCLA's Peggy Little to discuss the case and celebrate this recent victory!
    See omnystudio.com/listener for privacy information.

    • 12 min

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