The Federal Advisory Committee Act (“FACA”) requires all federal departments and agencies to ensure that the membership of each of their scientific and other advisory committees “be fairly balanced in terms of the points of view represented and the functions to be performed.”  5 U.S.C. app. 2  § 5(b)(2). The Clean Air Scientific Advisory Committee […]

Last October, less than a month before the mid-term election, the Biden administration announced mass cancellation of student loan debt owed to the federal government by approximately 20 million borrowers. The Congressional Budget Office estimates that under the program—which is currently enjoined—more than $400 billion in student debt would be wiped out. Other estimates exceed

Case Background Parents Defending Education, a nonprofit organization that promotes “the restoration of a healthy, non-political education” for the nation’s children, has filed federal district court litigation challenging an Iowa public school district’s transgender student policy. This policy, titled Administrative Regulations Regarding Transgender and Students Nonconforming to Gender Role Stereotypes, purports “to expeditiously address the needs

The plaintiffs in Changizi v. Department of Health and Human Services allege that the federal government, primarily through the Office of the Surgeon General, has pressured Twitter and other social media to censor them and other individuals who “question the wisdom, efficacy, and morality of government responses to the [COVID-19] pandemic, specifically lockdowns and mask and vaccine

The Supreme Court has agreed to hear two separate cases that raise essentially the same question: Can an SEC or FTC civil enforcement target file a district court action challenging the constitutionality of how these independent regulatory agencies’ in-house adjudicatory proceedings are structured? Or to obtain judicial review of such a structural constitutional claim, does

The Atlantic Legal Foundation has filed an amicus brief urging the Supreme Court to hold, contrary to the Ninth Circuit, that federal district courts can exercise their federal question jurisdiction over constitutional challenges to the structure of the Federal Trade Commission’s civil administrative enforcement process.  In a divided opinion, a Ninth Circuit panel held in Axon Enterprise, Inc.