Scale_of_Justice_P7270423.jpg
(Brown v. Board of Education National Historic Site, Topeka, Kansas; Wikimedia Commons)
The law, continued: "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right[.]"
This is Paragraph (C) of 5 USCA § 706(2). It is featured in almost every claim, every lawsuit, levelled against the conduct of the people who currently control the federal government, or think they do.
"By What Authority?" It is a feature of:
- Challenges to the authority of an Executive Order and the Department of Homeland Security (DHS) to expand removal of immigrants. (Speaking of DHS, it would be a good question to ask why DHS armed guards have reportedly turned Members of Congress away from Government buildings, and what are the names and badge numbers of these people?)
- Every case in which the power boys, whether teen-aged or older, have allegedly failed to follow the required rulemaking process before enacting changes to protections given by statutes.
- Challenges to the authority of an Executive Order and the Office of Personnel Management (OPM) to strip civil service protections extended to federal workers by Congress.
- I know the rule of thumb is to use 3 bullet points to illustrate, but here's a fourth: Confronting agency action that allows delaying and even blocking payments, and agency action that allows access to Personally Identifiable Information.
"By What Authority?" I learned as a baby lawyer that it is the first question to ask when examining any legislative act or agency action.
"By What Authority?"
Please read the disclaimer. ©2025 Dennis J. Wall. All rights reserved. Interested in many things including Claims and Bad Faith Law? Sign up for a free subscription to my Substack newsletter.
Comments