American Thought Leaders

The Boot of the State—Mark Chenoweth on Suing Federal Agencies and Ensuring the Separation of Powers


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“Congress has to be the one that appropriates any funds from the treasury. That’s the power of the purse that Congress has. And if we lose that, then we’ll lose the country, because it has to be the elected representatives. If the executive is self-funding, then there’s just no ability to rein that in.”

At the Conservative Political Action Conference, we sat down with Mark Chenoweth, President and General Counsel for the New Civil Liberties Alliance, which brings cases against the government when it violates constitutional freedoms. Today, we discuss three major lawsuits he is currently prosecuting. The first is The Cato Institute versus the Department of Education, which argues against Biden’s loan forgiveness plan on the basis of lacking statutory authority.

“There just isn’t explicit language giving the Secretary of Education the ability to cancel the debt of 43 million people and at a cost of over half a trillion dollars,” says Chenoweth.

The second case is Missouri versus Biden, which alleges that the Biden administration violated the First Amendment by directing social media companies to censor viewpoints that were in conflict with the government’s narrative on COVID-19.

“There definitely seems to be a level of communication within the government about how to achieve this goal of censoring people that I think Americans are going to find disturbing,” says Chenoweth.

And the third case is Hoeg versus Newsom, which claims that California Assembly Bill 2098 violates the First Amendment rights of medical professionals by intimidating and punishing doctors who dissent from mainstream views, thus interfering in the doctor-patient relationship.

“I think of it as the Sovietization of science and medicine because this is the kind of thing you would expect in the Soviet Union under Lysenko, or something like that,” says Chenoweth. “This isn’t what you would expect in the United States of America, where we have freedom.”

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