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Wyoming Congresswoman Harriet Hageman discusses her newly introduced legislation aimed at ending political persecutions and executive retaliation. Join us as we explore the implications of her bill, the dynamics of political lawfare, and the importance of parental rights in education. Hageman shares her insights on budget cuts, military spending, and the ongoing battles within the executive branch. Congressman Jeff Crank joins to discuss the implications of the continuing resolution, the challenges posed by local leaders in Colorado regarding illegal immigration, and the importance of military funding. Mark Chenoweth, President and Chief Legal Officer of the New Civil Liberties Alliance, explores the implications of President Trump's executive orders, the historical context of executive power, significant court cases, and the potential ramifications of recent rulings. Finally, investigative journalist John Summer uncovers the tactics used by criminals to steal property titles and the devastating impact this crime can have on homeowners. Learn about the importance of monitoring your property title and discover effective solutions to protect your most valuable asset. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
Stripping Power from Federal Agencies – Interview with Mark Chenoweth of New Civil Liberties AllianceIn this episode, we sit down with Mark Chenoweth from the New Civil Liberties Alliance to discuss their landmark victory in the ruling that overturned the 40-year-old “Chevron deference” precedent, fundamentally reshaping the balance of power between federal agencies and the judiciary. Once, courts deferred to agencies' expertise when interpreting ambiguous laws; now, federal judges hold the reins to decide what those laws mean—ushering in a new era of judicial policymaking.We dive into the “Chevron Difference,” exploring what this win means for the future of regulatory law and agency authority. From environmental protections to workplace safety and drug pricing, the fallout of this ruling could ripple across every corner of American life.Join us as we unpack the profound implications of this decision for the rule of law, the role of unelected judges, and the ability of federal agencies to safeguard the public. This is a conversation you won't want to miss.
Mark Chenoweth, New Civil Liberties Alliance President. NCLA's recent advocacy for President Trump's absolute constitutional right to fire his Executive Branch subordinates (Bessent v Dellinger), or other battles we're fighting against government attacks on civil liberties.
The American federal government is on the verge of shutting down and our host, Mike Slater, couldn't be happier about it! Listen in as he explains why this could be a GOOD thing for our country and why every good patriot should push for Elon Musk to be the next Speaker of the House!Following the opener, Mike speaks to Mark Chenoweth, President and Chief Legal Officer, New Civil Liberties Alliance, about how conservative voices, like the ones on Breitbart, have been censored thanks to the State Department's Global Engagement Center (GEC) and what his organization is doing to combat that in 2025 and beyond!
WMAL GUEST: 7:05 AM - INTERVIEW - MARK CHENOWETH - president of New Civil Liberties Alliance (NCLA) NCLA represents clients Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines in the case NCLA: Supreme Court Issues Troubling Decision in NCLA Case Against Censorship Industrial Complex Supreme Court Rules in Favor of Biden Administration in Landmark Social-Media Censorship Case Where to find more about WMAL's morning show: Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Thursday, June 27, 2024 / 7 AM Hour O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.
In the 7 AM Hour: Larry O'Connor and Bethany Mandel discussed: WMAL GUEST: 7:05 AM - INTERVIEW - MARK CHENOWETH - president of New Civil Liberties Alliance (NCLA) NCLA represents clients Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines in the case NCLA: Supreme Court Issues Troubling Decision in NCLA Case Against Censorship Industrial Complex Supreme Court Rules in Favor of Biden Administration in Landmark Social-Media Censorship Case Jill Biden to campaign in Virginia ahead of presidential debate AXIOS: Trump campaign to open 11 Virginia field offices: report Biden, Elton John to visit Stonewall on anniversary of gay rights riot — before another Manhattan fundraiser WMAL GUEST: 7:35 AM - INTERVIEW - BETSY DEVOS - former Trump Education Secretary Betsy DeVos was at a roundtable with Speaker Johnson, Riley Gaines and others about men in women sports… Female athletes rally in DC to garner support for protecting women in sports. Numerous female athletes and coaches are in Washington, D.C. this week for a series of events surrounding the Our Bodies, Our Sports “Take Back Title IX” Summer 2024 Bus Tour organized by a coalition of women's rights groups, including the Independent Women's Forum. The coast-to-coast tour is protesting the push for transgender athletes in women's sports and the Biden administration's rewriting of Title IX. Title IX, the landmark federal civil rights law enacted in 1972, prohibits sex-based harassment in any education programs and activities that receive federal funding. The new Biden administration regulations, which take effect Aug. 1, would protect against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics. House Speaker Mike Johnson (R-LA) is hosting a round table discussion on Wednesday afternoon with Gaines, former U.S. Secretary of Education Betsy DeVos, the Independent Women's Forum's Heather Higgins, and Rep. Virginia Foxx (R-NC), who is chairwoman of the House Education and the Workforce Committee, in honor of this week's 52nd anniversary of Title IX. Georgetown Prof. Says U.S. Olympic Swim Team Being Majority White is a Result of the Jim Crow Era Where to find more about WMAL's morning show: Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Thursday, June 27, 2024 / 7 AM Hour O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.
6/26/24 Hour 2 Vince speaks with Mark Chenoweth, President and Chief Legal Officer of the New Civil Liberties Alliance about the Supreme Court ruling in the Murthy v. Missouri case stating that the Biden Administration can coerce social media companies to censor and shadowban people and posts it doesn't like. The New Civil Liberties Alliance represented the plaintiffs in Murthy. Vince speaks with Dr. Stanley Goldfarb, Chairman of Do No Harm, about Rachel Levine pushing to block age minimums to mutilate children. Contestants in Miss Maryland's competition who lost to a man are speaking out about the injustice. For more coverage on the issues that matter to you visit www.WMAL.com, download the WMAL app or tune in live on WMAL-FM 105.9 from 3-6pm. To join the conversation, check us out on social media: @WMAL @VinceCoglianese. Executive Producer: Corey Inganamort @TheBirdWords See omnystudio.com/listener for privacy information.
6/26/24 Hour 2 Vince speaks with Mark Chenoweth, President and Chief Legal Officer of the New Civil Liberties Alliance about the Supreme Court ruling in the Murthy v. Missouri case stating that the Biden Administration can coerce social media companies to censor and shadowban people and posts it doesn't like. The New Civil Liberties Alliance represented the plaintiffs in Murthy. Vince speaks with Dr. Stanley Goldfarb, Chairman of Do No Harm, about Rachel Levine pushing to block age minimums to mutilate children. Contestants in Miss Maryland's competition who lost to a man are speaking out about the injustice. For more coverage on the issues that matter to you visit www.WMAL.com, download the WMAL app or tune in live on WMAL-FM 105.9 from 3-6pm. To join the conversation, check us out on social media: @WMAL @VinceCoglianese. Executive Producer: Corey Inganamort @TheBirdWords See omnystudio.com/listener for privacy information.
WMAL GUEST: 7:35 AM - INTERVIEW - MARK CHENOWETH - president of the New Civil Liberties Alliance, the group that represented Cargill The bump stock ban was challenged by a Texas gun store owner, Michael Cargill, who purchased two of the devices in 2018, turned them over to the government after the prohibition was implemented and then promptly sued to get them back. The federal rule made possession of a bump stock a crime punishable by up to 10 years in prison. In NCLA's Bump-Stock Ban Case, U.S. Supreme Court Rules ATF Cannot Alter a Statute's Meaning Supreme Court strikes down Trump-era ban on bump stocks on guns Where to find more about WMAL's morning show: Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Monday, June 17, 2024 / 7 AM Hour O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.
In the 7 AM Hour: Larry O'Connor and Julie Gunlock discussed: WMAL GUEST: 7:05 AM - INTERVIEW - JOE DIGENOVA - legal analyst and former U.S. Attorney for District of Columbia talked about: Biden rips into Supreme Court, calls appointments ‘one of the scariest parts' of a second Trump term AOC and Raskin to introduce legislation that would rein in a 'rogue' Supreme Court George Conway predicts Trump will ‘lose big' in Supreme Court immunity case House Republican urges SCOTUS to overturn Trump verdict LAST WEEK: Republicans vote to hold Garland in contempt of Congress LAST WEEK: DOJ memo says Garland cannot be prosecuted for contempt over Biden-Hur audio Rachel Morin murder: Illegal immigrant from El Salvador charged in rape, killing of Maryland mom of 5 Moore to pardon 175,000 marijuana convictions in Maryland LAST WEEK: New video shows Nancy Pelosi 'taking responsibility' for breakdown of security on Jan. 6 WMAL GUEST: 7:35 AM - INTERVIEW - MARK CHENOWETH - president of the New Civil Liberties Alliance, the group that represented Cargill The bump stock ban was challenged by a Texas gun store owner, Michael Cargill, who purchased two of the devices in 2018, turned them over to the government after the prohibition was implemented and then promptly sued to get them back. The federal rule made possession of a bump stock a crime punishable by up to 10 years in prison. In NCLA's Bump-Stock Ban Case, U.S. Supreme Court Rules ATF Cannot Alter a Statute's Meaning Supreme Court strikes down Trump-era ban on bump stocks on guns Hillary Clinton Gets Standing Ovation as She Presents at 2024 Tony Awards: I Know 'How Hard It Is to Make Change' Where to find more about WMAL's morning show: Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Monday, June 17, 2024 / 7 AM Hour O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.
Congratulations to NCLA's Mark Chenoweth and John Vecchione for being named among Washington DC's 500 Most Influential People of 2024 by the Washingtonian! Their unwavering commitment to defending civil liberties is truly commendable and sets a powerful example. In this episode, Mark and Jenin discuss the award as well as the Bradley Award recently bestowed upon NCLA client Jay Bhattacharya for his work during the pandemic.See omnystudio.com/listener for privacy information.
NCLA President Mark Chenoweth recently attended the Fifth Circuit Judicial Conference in Austin, TX, where he served as a panelist in a discussion on constitutional challenges to the administrative state and upcoming developments in this area. The panel was so widely attended that the conference scheduled it twice! In this episode, Mark discusses the conference and its highlights with Jenin.See omnystudio.com/listener for privacy information.
Administrative adjudication is an unconstitutional system! It evades almost all of the procedural rights guaranteed under the Constitution. It subjects Americans to biased adjudication without real judges or juries and denies them their right to due process. NCLA's Mark Chenoweth provided full testimony before the House Judiciary Committee last week on reining in agency adjudication and discuss in this episode. See omnystudio.com/listener for privacy information.
“It's not the government's job to police the line between true speech and false speech. The Constitution doesn't give our government that power. The government has the power to police the line between lawful speech and unlawful speech.”Mark Chenoweth is the president and chief legal officer of the New Civil Liberties Alliance (NCLA), a nonpartisan civil rights group dedicated to protecting constitutional freedoms from government violations.“Most people aren't going to know why their speech was taken down off of the platform. They might assume that it was the private decision of Facebook, or X, or LinkedIn ... and it's difficult to discover that it was actually the result of a government order,” says Mr. Chenoweth.In this episode, we dive into the NCLA's three lawsuits that have made their way up to the Supreme Court: Murthy v. Missouri (formerly known as Missouri v. Biden), Garland v. Cargill, and Relentless v. Dept. of Commerce.“Agencies no longer look at the statute and say, ‘How do we best interpret this statute and apply it?' Instead, they say, ‘How far can we push this and still get federal judges to go along with our ‘reasonable interpretation of the statute'?' Well, that's not a good dynamic to have in place. We need to get back to a world in which the agencies expect the judges to enforce the law as Congress wrote it,” says Mr. Chenoweth.Views expressed in this video are opinions of the host and the guest, and do not necessarily reflect the views of The Epoch Times.
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In the 7 AM Hour: Larry O'Connor and Julie Gunlock discussed: WMAL GUEST: 7:05 AM - INTERVIEW - 7:05 AM - MARK CHENOWETH - is the President & Chief Legal Officer of The New Civil Liberties Alliance on their case is before the Supreme Court, the Garland v. Cargill case that bump stocks are not machine guns. https://nclalegal.org/cargill-v-garland/ Dr. Phil told the co-hosts of "The View" on Monday that children crossing the southern border were being sent into "prostitution and sweatshops," while discussing his trip to the border. Dr. Phil upsets 'The View' co-hosts after blasting pandemic school closures: 'Who does that?' WMAL GUEST: 7:35 AM - INTERVIEW - REP. ANDY HARRIS - R-MD to Discuss looming Congressional budget, border crisis and Trone on Biden's age Michigan primary puts major battleground state in play for 2024 DAILY CALLER EXCLUSIVE: South Dakota Gov. Kristi Noem, Rumored VP Contender, Met With Trump At Mar-A-Lago Where to find more about WMAL's morning show: Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Tuesday, February 27, 2024 / 7 AM Hour O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.
Jeff Sikkenga discusses the “Chevron Doctrine” with Mark Chenoweth, Director of the New Civil Liberties Alliance, and how this 1984 Supreme Court decision has led to a runaway federal regulatory regime. They discuss the history of the decision and current challenges to it – including NCLA's appearance before the Supreme Court to challenge Chevron in January […]
Jeff Sikkenga discusses the “Chevron Doctrine” with Mark Chenoweth, Director of the New Civil Liberties Alliance, and how this 1984 Supreme Court decision has led to a runaway federal regulatory regime. They discuss the history of the decision and current challenges to it - including NCLA's appearance before the Supreme Court to challenge Chevron in January 2024 - as well as its implications for our constitutional system of government.Host: Dr. Jeff SikkengaExecutive Producer: Greg McBrayerProducer: Jeremy GyptonPhilip Hamburger's “Chevron Bias” article: https://www.gwlr.org/wp-content/uploads/2016/09/84-Geo.-Wash.-L.-Rev.-1187.pdfPodcast Subscription: https://linktr.ee/theamericanidea
WMAL GUEST: 6:35 AM - INTERVIEW - MARK CHENOWETH - president and chief legal officer of New Civil Liberties Alliance. He represents the fishermen in SCOTUS case New England fishermen fighting ‘government overreach' hope to catch a big win at Supreme Court Where to find more about WMAL's morning show: Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Thursday, January 18, 2024 / 6 AM Hour O'Connor and Company is proudly presented by Veritas Academy!See omnystudio.com/listener for privacy information.
In the 6 AM Hour: Larry O'Connor and Mercedes Schlapp discussed: VP Kamala Harris had a lot to say on The View WMAL GUEST: 6:35 AM - INTERVIEW - MARK CHENOWETH - president and chief legal officer of New Civil Liberties Alliance. He represents the fishermen in SCOTUS case New England fishermen fighting ‘government overreach' hope to catch a big win at Supreme Court DAILY WIRE: LUKE ROSIAK: How The Biden Administration Used A Counter-Terrorism Grant To Fund Anti-Conservative Propaganda Where to find more about WMAL's morning show: Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Thursday, January 18, 2024 / 6 AM Hour O'Connor and Company is proudly presented by Veritas Academy!See omnystudio.com/listener for privacy information.
NCLA President Mark Chenoweth testified Wednesday at the House Subcommittee on Oversight, Investigations, and Accountability's hearing entitled, “Censorship Laundering Part II: Preventing the Department of Homeland Security's Silencing of Dissent”. He emphasized 4 legal principles that Congress must uphold to stop rampant censorship by DHS, the Cybersecurity and Infrastructure Security Agency, and multiple other agencies: (1) the government is not the arbiter of truth, (2) the First Amendment protects even false speech, (3) the government may not do indirectly what the First Amendment forbids it from doing directly, and (4) the First Amendment term "abridging" supplies the test to determine when the government has violated the right to free speech. Vec and Jenin talk with Mark about his Congressional testimony on social media censorship.See omnystudio.com/listener for privacy information.
NCLA President Mark Chenoweth testified Wednesday at the House Subcommittee on Oversight, Investigations, and Accountability's hearing entitled, “Censorship Laundering Part II: Preventing the Department of Homeland Security's Silencing of Dissent”. He emphasized 4 legal principles that Congress must uphold to stop rampant censorship by DHS, the Cybersecurity and Infrastructure Security Agency, and multiple other agencies: (1) the government is not the arbiter of truth, (2) the First Amendment protects even false speech, (3) the government may not do indirectly what the First Amendment forbids it from doing directly, and (4) the First Amendment term "abridging" supplies the test to determine when the government has violated the right to free speech. Vec and Jenin talk with Mark about his Congressional testimony on social media censorship.See omnystudio.com/listener for privacy information.
For more coverage on the issues that matter to you, visit www.WMAL.com, download the WMAL app or tune in live on WMAL-FM 105.9 FM from 5-9 AM ET. To join the conversation, check us out on Twitter: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. See omnystudio.com/listener for privacy information.
For more coverage on the issues that matter to you, visit www.WMAL.com, download the WMAL app or tune in live on WMAL-FM 105.9 FM from 5-9 AM ET. To join the conversation, check us out on Twitter: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc. See omnystudio.com/listener for privacy information.
Senior fellow at the American Federation for Children Corey DeAngelis joins us to discuss how there is a proposed law which could make children seeking gender affirming care wards of the state. Next, president of the New Civil Liberties Alliance, Mark Chenoweth explains why an appeal court ruled it is likely that the Biden Administration violated the First Amendment. Then, psychotherapist Jill Robin Payne comes on to raise awareness for Suicide Prevention Month. Finally, we take your calls in open phones across America. Learn more about your ad choices. Visit podcastchoices.com/adchoices
For more coverage on the issues that matter to you, visit www.WMAL.com, download the WMAL app or tune in live on WMAL-FM 105.9 FM from 5-9 AM ET. To join the conversation, check us out on Twitter: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc.See omnystudio.com/listener for privacy information.
For more coverage on the issues that matter to you, visit www.WMAL.com, download the WMAL app or tune in live on WMAL-FM 105.9 FM from 5-9 AM ET. To join the conversation, check us out on Twitter: @WMALDC, @LarryOConnor, @Jgunlock, @patricepinkfile and @heatherhunterdc.See omnystudio.com/listener for privacy information.
“Congress has to be the one that appropriates any funds from the treasury. That's the power of the purse that Congress has. And if we lose that, then we'll lose the country, because it has to be the elected representatives. If the executive is self-funding, then there's just no ability to rein that in.”At the Conservative Political Action Conference, we sat down with Mark Chenoweth, President and General Counsel for the New Civil Liberties Alliance, which brings cases against the government when it violates constitutional freedoms. Today, we discuss three major lawsuits he is currently prosecuting. The first is The Cato Institute versus the Department of Education, which argues against Biden's loan forgiveness plan on the basis of lacking statutory authority.“There just isn't explicit language giving the Secretary of Education the ability to cancel the debt of 43 million people and at a cost of over half a trillion dollars,” says Chenoweth.The second case is Missouri versus Biden, which alleges that the Biden administration violated the First Amendment by directing social media companies to censor viewpoints that were in conflict with the government's narrative on COVID-19.“There definitely seems to be a level of communication within the government about how to achieve this goal of censoring people that I think Americans are going to find disturbing,” says Chenoweth.And the third case is Hoeg versus Newsom, which claims that California Assembly Bill 2098 violates the First Amendment rights of medical professionals by intimidating and punishing doctors who dissent from mainstream views, thus interfering in the doctor-patient relationship.“I think of it as the Sovietization of science and medicine because this is the kind of thing you would expect in the Soviet Union under Lysenko, or something like that,” says Chenoweth. “This isn't what you would expect in the United States of America, where we have freedom.” Follow American Thought Leaders on social media:Twitter: https://twitter.com/AmThoughtLeaderTruth Social: https://truthsocial.com/@AmThoughtLeaderGettr: https://gettr.com/user/amthoughtleaderFacebook: https://www.facebook.com/AmericanThoughtLeadersGab: https://gab.com/AmThoughtLeaderTelegram: https://t.me/AmThoughtLeader
There are no federal speech police, but law enforcement is not the only way that executive officials and agencies take aim at disfavored speech and speakers. In recent months, officials have pressed social-media companies to ban those accused of spreading Covid or election-related “misinformation,” announced a task force to investigate parents speaking out at local school-board meetings, and looked on as financial service providers dropped controversial clients their regulators might find presented “reputational risk.” Meanwhile, agencies increasingly wield broadly-worded anti-discrimination laws to encourage institutions and businesses to police speech by students, faculty, and employees. Is officials’ use of “soft power” over speech a new phenomenon, or is it merely more visible in the age of social media and regulatory oversight? And what role should the First Amendment play when officials stop short of punishing speech?Featuring:Prof. Enrique Armijo, Professor of Law, Elon University School of LawMr. Mark Chenoweth, President and General Counsel, New Civil Liberties AllianceMr. Joe Cohn, Legislative and Policy Director, Foundation for Individual Rights and ExpressionMr. Michael Ellis, General Counsel, RumbleModerator: Hon. Britt C. Grant, Judge, U.S. Court of Appeals, Eleventh Circuit
In the third hour of The Vince Coglianese Show, Vince speaks with Congressman Matt Rosendale (MT) about the FTX scandal, war in Ukraine, and his thoughts on Republican leadership. Vince speaks with Mark Chenoweth, President and General Counsel of New Civil Liberties Alliance about his group's class action lawsuit against Massachusetts in which the state violated individuals' privacy by working with Google to install COVID contact tracing app onto more than one million android devices without permission. For more coverage on the issues that matter to you visit www.WMAL.com, download the WMAL app or tune in live on WMAL-FM 105.9 from 3-6pm. To join the conversation, check us out on social media: @WMAL @VinceCoglianese See omnystudio.com/listener for privacy information.
Mark Chenoweth, President and General Counsel, New Civil Liberties Alliance, joined Jeff to talk about the CDC changing their COVID guidelines again and admitting natural immunity is real.
Yep, it's officially here. Despite the White House trying desperately to convince you everything is swell and we're not what we're in at all. Stigall unpacks not only what it is, but how we've historically corrected this problem as opposed to what Biden and Democrats are proposing at this hour. An important history lesson on economics if you're younger or newer to politics - this is your show. The shot doesn't work as promised. In fact, lots of evidence now suggests it makes things much, much worse for many. So why are so many federal workers still losing jobs? Mark Chenoweth is the President of the New Civil Liberties Alliance and his organization is valiantly fighting in court to overturn so many thousands of Americans' termination over their refusal to take a shot that doesn't work.
In this episode, we're talking again about the coercive power of the Administrative State and its serious threat to our constitutional freedoms. No other development in contemporary American law denies more rights to more Americans. Joining me to discuss is Mark Chenoweth, Executive Director, and Jenin Younes, Litigation Counsel for the New Civil Liberties Alliance (NCLA) a public interest litigation and pro bono advocacy law firm. NCLA represents both plaintiffs and defendants engaged with administrative state actions to make sure that their civil liberties are not being violated. Although Americans still enjoy the shell of their Republic, the administrative state has brought about exactly the sort of government that the Constitution was designed to prevent. "The kinds of protections that you would expect to have, if say a prosecutor from the Department of Justice were going after you in a federal district court, those same protections don't exist if it's a federal agency going after you in an administrative adjudication." "We're looking for cases where we can change the law," explains Mark. For example: Challenging Covid-19 regulations and orders imposed by executive decree. The NCLA class action suit for naturally immune federal employees against Covid vaccine mandates. When NASDAQ attacks! The problem with mandated diversity quotas for corporate boards. Is this the SEC's job? It's vital that many more Americans recognize the administrative state's unique threat to civil liberties. "If the government can get people in the habit of just doing what they're told and controlling them through administrative actions, then that makes it easier to accomplish whatever socio-political objectives that the government may have." Thomas Hobbes titled his book on politics Leviathan after the Bible's monstrous sea creature. Seems a pretty apt metaphor for what we're up against today.
The U.S. Supreme Court recently signaled a retreat from deference to agency guidance in Kisor v. Wilkie, in which the Court narrowed judicial deference available to agencies construing their own ambiguous regulations. But what about judicial deference to the U.S. Sentencing Commission, the agency housed in “within the Judicial Branch,” and which Justice Scalia derided as a “junior varsity Congress,” making policy choices that should be committed to the legislature? In Stinson v. United States, the Supreme Court held that courts should defer to the commentary the Sentencing Commission issued construing their formally adopted Sentencing Guidelines, unless they are “inconsistent with, or a plainly erroneous reading of,” the relevant Guideline. The Stinson Court required such deference even if the Commission's interpretation “may not be compelled by the guideline text.” On June 17, the Supreme Court's conference is slated to include discussion on a series of cases percolating up from the courts of appeals that all raise similar challenges to the use of Stinson deference in deciding criminal defendants' sentences. The Court seems poised to grant certiorari to one or more of these cases challenging deference in order to resolve a broad and deep split among the circuits that reflects inconsistencies in sentencing nationwide. Or, at least, it would explain why the court has been holding some of these cert petitions for over six months in order to consider all of them together—perhaps in order to select the best vehicle from among the slew of petitions clamoring for the Court's consideration. Here to discuss the pending Stinson deference cert petitions is appellate attorney John Elwood, a partner at Arnold & Porter who is better known in some circles as the relist guru on SCOTUSblog. John filed a petition for certiorari on behalf of Zimmian Tabb in a case out of the Second Circuit—one of the first Stinson deference cases to reach the Supreme Court last fall. John will explain what's at stake in the reconsideration of Stinson deference, including the following questions: Do constitutional due process and the rule of lenity preclude Stinson deference when commentary to a Sentencing Guideline would increase a sentence? Do courts owe deference to Guidelines commentary that appears to expand the scope of the Sentencing Guidelines? Post-Kisor, may courts defer to commentary without first determining whether the pertinent Guideline is ambiguous? Post-Kisor, must courts apply canons of construction like the rule of lenity before granting the agency deference? And, practically speaking, what might the Supreme Court be looking for to select the best vehicle for reconsideration of Stinson deference from among the pending cert petitions? Moderating the discussion will be New Civil Liberties Alliance Executive Director and General Counsel, Mark Chenoweth. NCLA authored another of the cert petitions pending before this week's conference at the Court on behalf of a defendant in the Eighth Circuit, Marcus Broadway. Featuring:-- John P. Elwood, Partner, Arnold & Porter -- Moderator: Mark Chenoweth, Executive Director and General Counsel, New Civil Liberties Alliance
Senior Policy Analyst Inez Stepman and guest-host Erin Hawley talk with Mark Chenoweth from the New Civil Liberties Alliance about the administrative state that is taking over all of our lives like blob!--Hosted by Inez Stepman of Independent Women's Forum and Jennifer Braceras of Independent Women's Law Center, At The Bar is virtual happy hour conversation about issues at the intersection of law, politics, and culture. You can find the latest At The Bar episodes wherever you get your podcasts, on YouTube, or on iwf.org. Then subscribe, rate, and share with your friends. Independent Women's Forum (IWF) believes all issues are women's issues. IWF promotes policies that aren't just well-intended, but actually enhance people's freedoms, opportunities, and choices. IWF doesn't just talk about problems. We identify solutions and take them straight to the playmakers and policy creators. And, as a 501(c)3, IWF educates the public about the most important topics of the day. Independent Women's Law Center advocates for equal opportunity, individual liberty, and respect for the American constitutional order. Check out our website for more information on how policies impact you, your loved ones, and your community: www.iwf.org. Subscribe to IWF's YouTube channel. Follow IWF on social media: - on Twitter- on Facebook- on Instagram #IWLC #AtTheBar #IWlaw #IWF Hosted on Acast. See acast.com/privacy for more information.
Mark Chenoweth is a theologian with a particular interest in St. Maximus the Confessor (700 AD) and St. Gregory of Nyssa (400 AD) who wrote about life on earth as a goal-directed process as opposed to a series of divine miracles. Their ideas were very much in line with the ancient Greeks who have been greatly under-estimated by modern thinkers. Here we hear Mark's story of being drawn into evolutionary science and what implications this has for modern people. Mark's paper is called "A Maximian Framework for Understanding Evolution".LINK: https://www.academia.edu/45035064/A_Maximian_Framework_for_Understanding_Evolution?email_work_card=view-paperMark's BioMark Chenoweth received his M.Div. and Th.M. from St. Vladimir’s Orthodox Theological Seminary and is an adjunct professor at St. John’s University in New York. His articles have been published in scholarly journals such as St. Vladimir’s Quarterly, and he is hoping to soon begin a dissertation on the theology of St. Maximus the Confessor. See acast.com/privacy for privacy and opt-out information.
Michael Berry finishes his thoughts on the Uber Eats driver murder; Berry discusses the veto of the twenty-five million dollar scholarship fund in Kentucky; Mark Chenoweth, Executive Director of New Civil Liberties Alliance, joins the show to talk about his work and the dangers of the Executive Order.
Mark Chenoweth, Executive Director of New Civil Liberties Alliance, discusses what executive orders are supposed to do and the issue of Congress delegating its power to the executive branch.
Mark and Vech explain President Trump's pardon of his former national security advisor, Michael Flynn Background on what happened to lead to the prosecution What happened in the DC district court and DC court of appeals Read opinion written by Mark Chenoweth in Forbes.com in May on the topic. See omnystudio.com/listener for privacy information.
Mark and Vech continue the conversation on the Michael Flynn pardon. Why Trump had to pardon Flynn Vec discusses SCOTUS injunction against Cuomo Exec. Orders w/ DeGrandis Read opinion written by Mark Chenoweth in Forbes.com in May on the topic. See omnystudio.com/listener for privacy information.
What Is the Administrative State? The Administrative State poses a serious threat to constitutional freedoms. No other current aspect of the country's legal regime denies more rights to more Americans. Although Americans still enjoy the shell of their Republic, there has developed within it a very different sort of government—a type, in fact, that the Constitution was designed to prevent. No matter what area of liberty you look at, there's a government agency trying to take that liberty away. We can't underestimate that problem or more and more liberty will be taken from us every day. Unpacking “Court Packing” The number of seats on the Supreme Court has remained unchanged since 1869. But recently, Democrats have signaled that they would consider adding justices to the Court if they were to regain control of the White House and both chambers of Congress. In one past incident in 1937, such efforts were labeled “court-packing” and proved to be unpopular. Mark Chenoweth unpacks “court packing” in the new millennium and explains why packing the court runs counter to the notion of judicial independence carefully enshrined in the Constitution. See omnystudio.com/listener for privacy information.
Why “Administrative Static”? In the podcast's pilot episode, hosts Mark Chenoweth and John (“Vec”) Vecchione of the New Civil Liberties Alliance (NCLA), a nonpartisan civil rights group, explain what to expect from this irreverent new legal affairs podcast. Administrative Static will expose the unlawful side of administrative power, decry federal and state agency abuses of your civil liberties, and discuss the best legal arguments for fighting back. They also break down what kinds of segments you can expect from the show moving forward. Something's Fishy in the Gulf NCLA has filed a class-action lawsuit against the U.S. Department of Commerce, the National Oceanic and Atmospheric Administration (“NOAA”), and the National Marine Fisheries Service for imposing an unlawful and unconstitutional 24-hour GPS surveillance regime without a warrant against the fishing industry. These agencies are trying to force charter boats and companies that take customers fishing and sightseeing in the Gulf of Mexico to purchase a vessel monitoring system. Federal agencies will use the VMS tracking devices to monitor boats' movements and whereabouts on the water, even when they are not using their federal permits to fish. John Vecchione explains why the agencies have overreached. See omnystudio.com/listener for privacy information.
Mark Chenoweth- Supreme Court Analyst on the SCOTUS Hearings
SCOTUS CONFIRMTION HEARING: DAY 2 RECAP Supreme Court nominee Amy Coney Barrett faces senators' questions during a second day of confirmation hearings. The mood is likely to shift to a more confrontational tone as the appellate court judge is grilled in 30-minute segments by Democrats gravely opposed to President Donald Trump's nominee. Barrett's approach to health care, legal precedent and even the presidential election are expected topics. Republicans are rushing her to confirmation before Election Day to fill the seat of the late Justice Ruth Bader Ginsburg. Democrats are virtually powerless to stop her confirmation, which could lock in a conservative court majority for years to come.Supreme Court/Constitutional Law Analyst // New Civil Liberties Alliance Executive Director and General Counsel MARK CHENOWETH Former Chief of staff to Rep. Mike Pompeo and worked at the Office of Legal Policy at DOJ to secure nominee confirmations
Host Ryan Wrecker opens the hour teasing tonight’s debut of the Anne Keefe Special. Next, he updates us on the latest proceedings in the Supreme Court, which appears sure to follow party lines. Mark Chenoweth, Executive Director of New Civil Liberties Alliance and former chief of staff to Congressman Mike Pompeo, discusses packing the courts and the hearings for Amy Coney Barrett. Last but not least, Ryan tells the tale of finding a lost dog with his young son. See omnystudio.com/listener for privacy information.
Mark Chenoweth: Can Ben Domenech be punished for a Twitter joke? * Ken Whyte: The interesting life of Herbert Hoover * Maria Brusseau: Denver Dumb Friends League and the Furry Scurry! * George Brauchler: Colorado should prepare for a crime wave
Welcome again to Necessary & Proper. Today we bring you the great discussion we had from the afternoon panel of the 2019 Legislative Branch Review Conference, held on the Hill in February in partnership with the Federalist Society's Georgetown Student Chapter. The panel speculated on what a world without Chevron deference doctrine could look like, and if it would be desirable. We hope you find this podcast interesting and enjoyable. Featuring:Mr. Mark Chenoweth, Executive Director and General Counsel, New Civil Liberties AllianceMr. David D. Doniger, Director, Climate & Clean Air Program, Natural Resources Defense CouncilProf. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law SchoolProf. David S. Schoenbrod, Trustee Professor of Law, New York Law SchoolModerator: Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law SchoolIntroduction: Joel Nolette, Litigation Associate, Mintz Levin
Welcome again to Necessary & Proper. Today we bring you the great discussion we had from the afternoon panel of the 2019 Legislative Branch Review Conference, held on the Hill in February in partnership with the Federalist Society's Georgetown Student Chapter. The panel speculated on what a world without Chevron deference doctrine could look like, and if it would be desirable. We hope you find this podcast interesting and enjoyable. Featuring:Mr. Mark Chenoweth, Executive Director and General Counsel, New Civil Liberties AllianceMr. David D. Doniger, Director, Climate & Clean Air Program, Natural Resources Defense CouncilProf. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law SchoolProf. David S. Schoenbrod, Trustee Professor of Law, New York Law SchoolModerator: Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law SchoolIntroduction: Joel Nolette, Litigation Associate, Mintz Levin
On February 6, 2019, the Federalist Society's Article I Initiative and the Georgetown Student Chapter co-sponsored the first Legislative Branch Review Conference. The second panel speculated on "A World Without Chevron?"Chevron has come under fire as of late, and the confirmation of Justice Kavanaugh has tipped off a new round of speculation as to how the Court might narrow, or even eliminate, the doctrine. But is a world without Chevron desirable? If courts do not defer to agency interpretations of truly ambiguous statutes, should courts decide de novo what they think such ambiguous laws mean? Are there viable alternatives?Featuring:Mr. Mark Chenoweth, Executive Director and General Counsel, New Civil Liberties AllianceMr. David D. Doniger, Director, Climate & Clean Air Program, Natural Resources Defense CouncilProf. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law SchoolProf. David S. Schoenbrod, Trustee Professor of Law, New York Law SchoolModerator: Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law SchoolIntroduction: Joel Nolette, Litigation Associate, Mintz LevinAs always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
On February 6, 2019, the Federalist Society's Article I Initiative and the Georgetown Student Chapter co-sponsored the first Legislative Branch Review Conference. The second panel speculated on "A World Without Chevron?"Chevron has come under fire as of late, and the confirmation of Justice Kavanaugh has tipped off a new round of speculation as to how the Court might narrow, or even eliminate, the doctrine. But is a world without Chevron desirable? If courts do not defer to agency interpretations of truly ambiguous statutes, should courts decide de novo what they think such ambiguous laws mean? Are there viable alternatives?Featuring:Mr. Mark Chenoweth, Executive Director and General Counsel, New Civil Liberties AllianceMr. David D. Doniger, Director, Climate & Clean Air Program, Natural Resources Defense CouncilProf. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law SchoolProf. David S. Schoenbrod, Trustee Professor of Law, New York Law SchoolModerator: Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law SchoolIntroduction: Joel Nolette, Litigation Associate, Mintz LevinAs always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
On June 26, 2017, the Supreme Court decided California Public Employees’ Retirement System v. ANZ Securities. Between 2007 and 2008, Lehman Brothers Holdings raised capital through a number of public securities offerings. California Public Employees’ Retirement System (CalPERS) purchased some of these securities. In 2008, a putative class action alleging federal securities law violations was filed against respondents--various financial firms involved in underwriting the offerings--in the U.S. District Court for the Southern District of New York. Because the complaint was filed on behalf of all persons who purchased the identified securities, petitioner CalPERS fell within the putative class. In 2011, however, CalPERS filed a separate action, alleging identical violations against respondent firms in the U.S. District Court for the Northern District of California. That suit was then transferred and consolidated with other related litigation in the Southern District of New York. The New York class action then settled, but CalPERS opted out of the settlement. Respondents thereafter moved to dismiss CalPERS’ separate suit based on Securities Act language providing that “[i]n no event shall any such action be brought … more than three years after the security was bona fide offered to the public,” the CalPERS suit having fallen outside the three-year limit. CalPERS argued that the time limit was equitably tolled during the pendency of the class action, but the district court rejected the claim and U.S. Court of Appeals for the Second Circuit affirmed. -- By a vote of 5-4, the Supreme Court affirmed the judgment of the Second Circuit. In an opinion by Justice Kennedy, the Court held that CalPERS’ untimely filing of its individual complaint more than three years after the relevant securities offering was grounds for dismissal. The three-year limitation in the Securities Act, the Court indicated, is a “statute of repose” and therefore not subject to equitable tolling. Justice Kennedy’s majority opinion was joined by the Chief Justice and Justices Thomas, Alito, and Gorsuch. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. -- And now, to discuss the case, we have Mark Chenoweth, who is General Counsel for the Washington Legal Foundation.
On April 17, 2017, the Supreme Court heard oral argument in California Public Employees’ Retirement System v. ANZ Securities. Between July 2007 and January 2008, Lehman Brothers raised over $31 billion through debt offerings. California Public Employees’ Retirement System (CalPERS), the largest pension fund in the country, purchased millions of dollars of these securities. CalPERS sued Lehman Brothers in 2011, and their case was merged with another retirement fund’s putative class action suit against Lehman Brothers and transferred to a New York district court. Later that year, the other parties settled, but CalPERS decided to pursue its claims individually. The district court dismissed for untimely filing, and the U.S. Court of Appeals for the Second Circuit affirmed. -- The question before the Supreme Court was whether the filing of a putative class action serves, under the American Pipe & Construction Co. v. Utah rule, to satisfy the three-year time limitation in Section 13 of the Securities Act with respect to the claims of putative class members. On Monday, the Supreme Court upheld the Court of Appeals dismissal of the lawsuit. Mark Chenoweth of the Washington Legal Foundation joined us to discuss the decision and its significance. -- Featuring: Mark Chenoweth, General Counsel, Washington Legal Foundation.
On January 20, 2016, the Supreme Court decided Campbell-Ewald Company v. Gomez. This case concerns a complaint by Jose Gomez that Campbell-Ewald Company, a marketing consultant for the U.S. Navy, allowed a third-party vendor to send him unsolicited text messages in violation of the Telephone Consumer Protection Act. The case presents two questions for the Supreme Court: (1) whether a case becomes moot when a plaintiff receives an offer of complete relief on his claim, including in a class action, and (2) whether the doctrine of derivative sovereign immunity for government contractors is limited to claims arising out of property damage caused by public works projects. The U.S. Court of Appeals for the Ninth Circuit had held that Gomez’s individual and class claims were not mooted, and that Campbell-Ewald was not entitled to derivative sovereign immunity. -- By a vote of 6-3, the Supreme Court affirmed the judgment of the Ninth Circuit, holding that (1) an unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the district court retains jurisdiction to adjudicate the plaintiff’s complaint, and (2) a federal contractor is not entitled to immunity from suit for its violation of the Telephone Consumer Protection Act when it violates both federal law and the government's explicit instructions. Justice Ginsburg delivered the opinion of the Court, in which Justices Kennedy, Breyer, Sotomayor, and Kagan joined. Justice Thomas filed an opinion concurring in the judgement. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia and Alito joined. Justice Alito also filed a dissenting opinion. -- To discuss the case, we have Mark Chenoweth, who is General Counsel at Washington Legal Foundation.
On October 14, 2015, the Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez. -- This case concerns a complaint by Jose Gomez that Campbell-Ewald Company, a marketing consultant for the U.S. Navy, allowed a third-party vendor to send him unsolicited text messages in violation of the Telephone Consumer Protection Act. -- Three questions are before the Court. The first is whether a case becomes moot when a plaintiff receives an offer of complete relief on his claim, and the second is whether the answer to that changes if the plaintiff is attempting to bring a class action. The third question is whether the doctrine of derivative sovereign immunity for government contractors is limited to claims arising out of property damage caused by public works projects. -- To discuss the case, we have Mark Chenoweth, who is General Counsel at Washington Legal Foundation.