FMR. TRUMP APPOINTEE SUES BIDEN ADMIN.; AXON FACES 9TH CIR. LOSS

Former Trump Appointee Sues Biden Administration

Mark discusses the complaint just filed in Severino v. Biden over the firing of Trump appointees to the Administrative Conference.

Former U.S. Department of Health and Human Services official Roger Severino sued President Joe Biden in D.C. federal court late Wednesday over the Biden administration's efforts to fire him from the Council of the Administrative Conference of the United States following former President Donald Trump's eleventh-hour appointment.

Axon Faces 9th Circ. Loss

Later in the episode, John discusses January’s Ninth Circuit decision in Axon v. FTC

Axon began its lawsuit in the U.S. Federal District Court of Arizona by challenging the constitutionality of the FTC’s adjudicative process in which NCLA filed an amicus curiae brief in support of Axon Enterprise Inc. NCLA’s brief solely addresses the “Tentative Ruling” issued by the Court, which concluded that federal courts do not have jurisdiction to evaluate a facial challenge brought under the U.S. Constitution. The district court sided with the FTC, so Axon appealed to the Ninth Circuit Court of Appeals. On January 28, 2021, the court came to a split 2-1 panel decision to affirm the dismissal, requiring Axon to fight the FTC on its home court—the administrative procedures prescribed by statute, irrespective of its prospective constitutional claims.

Read more: https://nclalegal.org/2021/02/axon-suffers-a-defeat-in-the-9th-circuit-but-both-majority-and-dissent-see-the-problem/