‘We all get to vote, but the ability to make legislation is no longer in the hands of the people we elect,’ Columbia law professor Philip Hamburger said.
As the administrative state implements more regulations on Americans, a team of legal veterans has come together to fight the expansion of unelected government agency power.
Sometimes, they even win.
The New Civil Liberties Alliance (NCLA), which consists of a team of 27 lawyers and support staff, including former judges, had four of the cases they litigated go before the Supreme Court in 2023. One case was decided in their favor, the remaining three are pending.
Founded by Columbia Law professor Philip Hamburger six years ago, the NCLA targets cases where they believe federal agencies have blatantly overstepped their authority or violated civil liberties..
“Normally, administrative power is understood as a separation of powers question, but it’s also a civil liberties problem because it dilutes our voting rights,” Mr. Hamburger told The Epoch Times. “We all get to vote, but the ability to make legislation is no longer in the hands of the people we elect.”
The U.S. Constitution vests Congress with law-making authority. However, government agencies are not only making laws today, he said, they also enforce those laws, then act as judge and jury over alleged violations. Taking a historical view on this issue, Mr. Hamburger argues that such administrative “absolutism” is not a new phenomenon, but merely a modern expression of absolute power once wielded by medieval kings.
The group’s clients include Drs. Jay Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, plaintiffs in the case of Murthy v. Missouri, which is currently before the Supreme Court. This case involves alleged violations of the doctors’ First Amendment rights by the White House, the Centers for Disease Control and Prevention (CDC), the FBI, the Cybersecurity and Infrastructure Security Agency, and the Surgeon General.
“It deprives us of the right to a jury; it deprives us of ordinary burdens of proof; it deprives us of having an unbiased judge,” he said. “We have ALJs and commissioners instead.”
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