Administrative Static Podcast

Aug 10 2024 100 ep. 12 mins 1
Administrative Static Podcast artwork

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. 

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

Aug 10 2024 12 mins  
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 sa

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

Aug 10 2024 12 mins  
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 it

NCLA Amicus Brief in NY Case Against Trump Explains Why NY’s Executive Law Violates Free Speech

Aug 10 2024 12 mins  
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 n

Federal Circuit Revives Lawsuit Against CDC’s Illegal Eviction Moratorium in NCLA Amicus Win!

Aug 10 2024 12 mins  
The U.S. Court of Appeals for the Federal Circuit has reversed a decision by the U.S. Court of Federal Claims, bringing new momentum to the Darby Development Company v. U.S. case. This pivotal ruling challenges the CDC’s nationwide eviction moratorium as a potential violation of the Fifth Amendment’s Taking Clause, demanding just compensation for property owners. Join Mark and

NCLA Asks Tenth Circuit to Stop Education Dept.’s Latest Illegal Scheme to Cancel Student Loan Debt

Aug 03 2024 12 mins  
In its latest student loan legal challenge, NCLA has filed an amicus curiae brief in the case of Alaska, South Carolina, and Texas v. Department of Education before the U.S. Court of Appeals for the Tenth Circuit. NCLA is pushing for the Court to uphold and expand a preliminary injunction against the Department’s "SAVE" plan, which unlawfully alters the 1993 Higher Education Act

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

Aug 03 2024 12 mins  
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 high

Fired for Free Speech? The Case of San Antonio's Poet Laureate

Aug 03 2024 12 mins  
Join Jenin and Vec, along with NCLA's Casey Norman, as they unpack the explosive case of Nephtalí De León, a celebrated Chicano writer and activist wrongfully terminated from his position as San Antonio’s poet laureate. NCLA has filed a Complaint against the City of San Antonio and city employee Krystal Jones, alleging De León's firing violated his First Amendment rights after

California's Deepfake Crackdown: Free Speech or Overreach?

Aug 03 2024 12 mins  
Governor Gavin Newsom recently announced his intention to sign new legislation targeting the use of artificial intelligence in campaign ads, following a viral altered ad of Vice President Kamala Harris reposted by Elon Musk. The proposed law would mandate social media companies to remove deepfake content featuring political candidates 120 days before an election, placing the respon

Judge Dismisses Jankowicz Lawsuit Against Fox News: What It Means for Disinformation and Free Speech

Jul 27 2024 12 mins  
In a recent ruling, a Delaware judge dismissed Nina Jankowicz’s lawsuit against Fox News. The judge found that the alleged defamatory statements about Jankowicz—former head of the DHS disinformation board—were either focused on the board itself or were materially true. Jankowicz had claimed Fox falsely accused her of wanting to censor speech and edit tweets. This case has imp

NCLA Demands CPSC and Comr. Trumka Rescind False Statements Disparaging Weighted Sleep Sacks

Jul 27 2024 12 mins  
NCLA is challenging the U.S. Consumer Product Safety Commission for its misleading and harmful claims about Dreamland Baby Co.'s weighted sleep products. Our formal demand for a retraction addresses Commissioner Richard Trumka's unfounded warnings and the CPSC’s failure to follow proper procedures before making safety claims. Discover how we’re pushing back against these unjust