NCLA’s “Unwritten Law” Podcast Explores Amici Arguments in Relentless

The New Civil Liberties Alliance’s podcast, “Unwritten Law,” has released a new episode that explores the arguments presented in seven amicus briefs recently filed at the First Circuit in Relentless v. Department of Commerce, the companion case to Loper Bright Enterprises v. Raimondo.  American for Prosperity Foundation’s brief is one of the seven discussed.

From NCLA:

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione and NCLA President Mark Chenoweth discuss a major development in NCLA’s challenge to a federal rule requiring fishermen to pay for government monitors placed on their boats—despite no clear statutory authorization.

After a district court upheld the rule using a theory that conflicts with the Supreme Court’s decision in Loper Bright, NCLA appealed to the First Circuit.  Now, seven separate amicus briefs—from across the legal and ideological spectrum—have weighed in, each highlighting a different flaw in the district court’s analysis.

John and Mark walk through the most compelling arguments from the amici, including post-Loper Bright de novo review, the misuse of “necessary and appropriate” authority, clear-statement rules, the Major Questions Doctrine, constitutional limits on agency power, and why reviving Chevron-era reasoning under new labels is not permissible.

Listen to the episode here, or watch it on YouTube: