NCLA Files Appeal in Gulf Charter Boat Case; New Texas Case May Challenge Humphrey’s Executor Ruling

NCLA Files Appeal in Gulf of Mexico Charter Boat Class-Action Lawsuit

NCLA has filed its opening brief in its appeal to the U.S. Court of Appeals for the Fifth Circuit on behalf of more than 1,300 federally permitted charter boat owners in the class-action lawsuit, Mexican Gulf Fishing Company, et al. v. Dept. of Commerce, et al. The appeal challenges a Final Rule issued by the National Marine Fisheries Service (NMFS) pursuant to the Magnuson-Stevens Act. It requires 24-hour GPS tracking of recreational charter boat fishing vessels in the Gulf of Mexico. NCLA argues that the district court erred in holding that the Fourth Amendment allows an agency to monitor charter boat operators without a warrant or any suspicion of wrongdoing. Vec describes the appeal in Mexican Gulf. 

New Texas Case May Challenge Humphrey’s Executor Ruling

Humphrey's Executor v. United States was a case decided on May 27, 1935, by the United States Supreme Court. It involved the power of the president to remove a member of the Federal Trade Commission for reasons other than the ones explicitly stated in the Federal Trade Commission Act. The Supreme Court ruled that the president could not remove a commissioner for a cause other than those listed in the act, which were “inefficiency, neglect of duty, or malfeasance in office.” Mark discusses Biden v. Texas, a case that may challenge Humphrey’s Executor.