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Joe Fleming, et al. v. U.S. Department of Agriculture /EIN News/ -- Washington, D.C., April 01, 2021 (GLOBE NEWSWIRE) -- A two-judge majority of the U.S. Court of Appeals for the District of Columbia Circuit erred in Fleming v. USDA in February when it refused to address the constitutionality of the multiple layers of for-cause removal protection enjoyed by administrative law judges (ALJs) at the U.S. Department of Agriculture (USDA). The court remanded the issue back to USDA for initial consideration by the very ALJ whose constitutional status is under challenge. That remand not only fail...

The highly technical decision out of the D.C. Circuit turns on the illegal appointments of the administrative law judges who handed down the fines. Casey Wright rides the horse named “I Am Jose” at the 2013 Tennessee Walking Horse National Celebration, using soring devices to that passed USDA inspection at the time to accomplish what is known as the “Big Lick” movement. (Photo by Randall R. Saxton, creative commons, via Courthouse News) WASHINGTON (CN) — In the fall of 2017, federal agricultural authorities took aim at a trio of horse trainers, Joe Fleming, Sam Perkins and Jarrett...

“Put simply, this case is about the Governor’s abuse of power,” said Jared McClain, an attorney for the nonprofit New Civil Liberties Alliance. The nonprofit is representing groups of South Jersey small business landlords in the two cases. McClain said his nonprofit was contacted by more than 30 landlords with similar stories after it filed the federal case. The goal in the litigation is to have judges rule that Murphy never had the authority to issue his executive order. “They were all small, independent landlords who depend on the rental income,” McClain told The Daily Journal. ...

Share: Washington, D.C., Dec. 31, 2020 (GLOBE NEWSWIRE) -- The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an  amicus curiae brief in the U.S. Supreme Court in the case of  United States v. Arthrex, Inc., et al. At issue in the consolidated set of cases is whether administrative patent judges (APJs) can be appointed by the U.S. Secretary of Commerce or whether the Constitution requires the President to appoint these judges and the Senate to confirm them.   NCLA argues (with Arthrex) that APJs are "principal officers" of the United States. Hence, ac...