NCLA Announces King George III Prize Winner

In this episode, Mark and Clegg Ivey announce the King George III Prize winner for worst civil liberties offender at the state level.

NCLA previously announced that the Centers for Disease Control and Prevention had won the “Georgie” for worst federal abuser on account of its blatantly unconstitutional eviction moratorium. No surprise, the contenders for the state-level King George III Prize are the same governors we profiled during this year’s and last year’s Governors Gone Wild event.

Read more about the King George III Prize here: https://nclalegal.org/king-george-iii-prize/

Watch this year’s Governor’s Gone Wild here: https://youtu.be/Mwr08HkR7Dk?t=1

Watch last year’s Governors Gone Wild here: https://youtu.be/AlVRLoW_jt8?t=1

Biden Administration Eliminates Fair Adjudication Rights

Later in the episode, Mark and Sheng Li discuss NCLA’s case against the Department of Transportation (DOT) over the Biden Administration eliminating fair adjudication rights.

NCLA’s lawsuit was filed in the U.S. District Court for the Northern District of Texas on behalf of the Institute for Hazardous Materials Packaging and Certification Testing, Inc. (IHMPACT). It argues that once substantive rights are extended, no federal agency may lawfully take them away by fiat. DOT would have to conduct notice-and-comment rulemaking to repeal the rules.

On April 2, 2021, Buttigieg arbitrarily rescinded DOT’s binding rules, which recognized a comprehensive set of rights, including a new mandate that DOT personnel voluntarily disclose all exculpatory evidence to those targeted by a civil enforcement action.

Buttigieg seemingly revoked DOT’s due process rules to comply with President Biden’s “Day One” Executive Order demanding that agencies “rescind any orders, rules regulations, guidelines or policies” that supposedly inhibit the federal government’s ability to address “the coronavirus disease 2019 pandemic, economic recovery, racial justice, and climate change.” But Buttigieg did not explain why or how affording due process might “threaten” DOT’s response to these issues. Buttigieg revoked the rules without allowing IHMPACT or the public to comment beforehand, and he did so without considering IHMPACT members’ reliance interests, even though Congress and Supreme Court precedent require it.

Read more about the case here: https://nclalegal.org/institute-for-hazardous-materials-packaging-and-certification-testing-inc-ihmpact-v-peter-paul-montgomery-buttigieg-et-al/

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