American Honda Motor Co., Inc. v. Walther, Dir., and Arkansas Department of Finance and Administration
AMICUS BRIEF SUMMARY – NCLA asks the Arkansas Supreme Court to stop judges in the state from giving “great deference” to the Department of Finance and Administration in a post-2009 Arkansas tax procedure case…
Americans for Prosperity Foundation v. Xavier Becerra
AMICUS BRIEF SUMMARY – The question presented in this case is whether the holding of NAACP v. Alabama ex rel. Patterson will be applied to modern state attorneys-general who compel disclosure of supporter lists of unpopular organizations without articulating a substantial state interest in obtaining the information…
AMG Capital Management, LLC v. FTC and FTC v. Credit Bureau Center, LLC
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Supreme Court admonishing the FTC for its unlawful practice in applying the agency’s statutory provisions. FTC has transformed its limited statutory right to enjoin into an absolute right to secure any “equitable remedy.”
Axon Enterprise, Inc. v. Federal Trade Commission, et al.
AMICUS BRIEF SUMMARY – NCLA filed an amicus curiae brief in the U.S. District Court for the District of Arizona in support of Axon Enterprise Inc. in the body camera company’s fight to keep its constitutional claims against the U.S. Federal Trade Commission (FTC) in federal court…
Brackeen v. Bernhardt
AMICUS BRIEF SUMMARY – This case is particularly important to NCLA. It is disappointed that three judges on the Fifth Circuit would eschew their fundamental duty “to say what the law is” and defer to agency interpretations of statutes under the Chevron doctrine…
Campaign Legal Center v. Federal Election Commission
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. District Court for the District of Columbia in Campaign Legal Center v. Federal Election Commission. The Campaign Legal Center alleges the Federal Election Commission has taken no action on an administrative complaint CLC filed and that FEC’s “failure to act” is “contrary to law.”
Charles C. Liu and Xin Wang v. Securities and Exchange Commission
AMICUS BRIEF SUMMARY – It is undisputed that the “disgorgement” remedy appears nowhere in the SEC’s enabling statutes. History reveals that the disgorgement remedy was created and expanded by an strategic enforcement and litigation process allowing SEC to arrogate to itself powers not granted by Congress. This process built…
Children’s Hospital Association of Texas, et al. v. Alex Azar, Secretary of Health and Human Services, et al.
AMICUS BRIEF SUMMARY – NCLA submitted an amicus brief to the U.S. Supreme Court in support of the petition for a writ of certiorari filed by a group of children’s hospitals from around the country. NCLA believes the D.C. Circuit Court of Appeals erred in reversing the district court’s decision in this case, which had struck down a Centers for Medicare & Medicaid Services (CMS) formula for hospital payments that violates the statute.
Damien Guedes et al v. Bureau of Alcohol, Tobacco, Firearms and Explosives
AMICUS BRIEF SUMMARY – Chevron deference is bad enough on its own, for it unconstitutionally requires judges to abandon their independent judgement and, where the government is a party, requires them to engage in systematic bias in favor of the most powerful of parties. But the D.C. Circuit’s decision expands Chevron deference…
Donahue Francis v. Kings Park Manor, Inc., et al.
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in Donahue Francis v. Kings Park Manor, Inc., et al., on rehearing en banc. NCLA’s brief, which supports neither party, asks the bench to eschew Chevron deference in its decision, respect the rule of lenity, observe the principle of party presentation, and avoid the appearance of bias in this case.
Fleming et al. v. United States Department of Agriculture
AMICUS BRIEF SUMMARY – In this case, NCLA takes issue with the United States Department of Agriculture’s (“USDA”) use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers…
George K. Young, Jr. v. State of Hawaii, et al.
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in George K. Young, Jr. v. State of Hawaii, et al. in support of Mr. Young. NCLA’s brief dissuades the full court from deferring to state administrators’ factual speculations and to their interpretations of the U.S. Constitution or of state statutes and regulations.
Goldwater Institute v. U.S. Department of Health and Human Services
AMICUS BRIEF SUMMARY – The Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional requirements for having an independent judiciary. Article III gives federal judges life tenure and salary protection to ensure…
Harris Funeral Homes v. EEOC
AMICUS BRIEF SUMMARY – This case will address what Title VII of the Civil Rights Act of 1964 means by prohibiting employment discrimination “because … of sex.” Specifically, the Supreme Court will answer whether that language encompasses discrimination because of sexual orientation, gender identity, and/or transgender status. However the Court decides…
Herman Avery Gundy v. United States
AMICUS BRIEF SUMMARY – The judgment of the court of appeals should be reversed for four separate and independent reasons. First, 34 U.S.C. § 20913(d) violates the Constitution by divesting Congress of legislative powers and transferring those powers to the Attorney General…
James L. Kisor v. Robert L. Wilkie
AMICUS BRIEF SUMMARY – The Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional requirements for an independent judiciary. Article III gives federal judges life tenure and salary protection to ensure that judicial pronouncements…
Lent, et al. v. California Coastal Commission, et al.
AMICUS BRIEF SUMMARY – The case is the first to challenge a CCC’s penalty order issued under the recently enacted section 30821. The Commission seeks deference to its interpretation that sections 30820 and 30821 permit consideration of deterrence in its administrative civil penalty determination.
Micah Jessop; Brittan Ashjian v. City of Fresno; Derik Kumagai; Curt Chastain; Tomas Cantu
AMICUS BRIEF SUMMARY – In this case, NCLA is particularly disturbed that the Ninth Circuit Court of Appeals has willfully opted out of deciding a matter as simple—but gravely consequential— as whether it is unconstitutional for a police officer to use the cover of a search warrant to steal from a suspect. By choosing not to decide the issue, the panel granted immunity…
Monex Deposit Company, et al. v. Commodity Futures Trading Commission
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in support of the petitioners’ request for a Writ of Certiorari from the U.S. Supreme Court in Monex Deposit Company, et al. v. Commodity Futures Trading Commission. In this case, CFTC is testing the furthest reaches
Oracle America Inc. v. U.S. Department of Labor, et al.
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. District Court for the District of Columbia in support of Oracle’s case against the Department of Labor (DOL). Oracle has challenged a portion of the regulations that set up the enforcement and adjudication system in the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).
Patrick J. Collins, et al. v. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, et al.
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Supreme Court taking aim at the unconstitutional structure of the Federal Housing Finance Agency (FHFA). NCLA asks that the Court to (1) set aside the final agency action FHFA took against Petitioners while it was unconstitutionally structured and (2) grant them meaningful relief…
Premier Healthcare Investments, L.L.C. v. UHS of Anchor, L.P.
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the Supreme Court of Georgia in the case of Premier Healthcare Investments, L.L.C. v. UHS of Anchor, L.P. NCLA submitted a neutral brief in support of neither party that solely focuses on the constitutional arguments for rejecting judicial deference…
Seila Law LLC v. Consumer Financial Protection Bureau
AMICUS BRIEF SUMMARY – The precedent of this Court does not compel an outcome for either side. Although decisions such as Humphrey’s Executor v. United States, 295 U.S. 602 (1935), and Morrison v. Olson, 487 U.S. 654 (1988), approved statutes that insulate administrative officers from presidential removal, each of those rulings…
Sharonell Fulton, et al. v. City of Philadelphia, et al.
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the Supreme Court of the United States in Sharonell Fulton, et al. v. City of Philadelphia, et al. In 2018, Philadelphia abruptly terminated foster placement through Catholic Social Services (CSS) leaving foster parents like Sharonell Fulton, who has fostered more than 40 children…
The Judge Rotenberg Educational Center, Inc. v. U.S. Food and Drug Administration, et al.; Luis Aponte, et al. v. U.S. Food and Drug Administration, et al.
AMICUS BRIEF SUMMARY – NCLA filed this amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit supporting a challenge to a Final Rule issued by the Food and Drug Administration (FDA). The Rule bans “electrical stimulation devices” (ESDs) for aversion therapy, currently in use in only one treatment facility in the United States—the Judge Rotenberg Educational Center in Canton, Massachusetts.
Thomas H. Buffington v. Robert L. Wilkie, Secretary of Veterans Affairs
AMICUS BRIEF SUMMARY – Mr. Buffington, who suffered service-connected disability (tinnitus) while serving for the U.S. Air Force, is seeking disability benefits in a lawsuit against V.A. The law is clear that when one asks for resumption of disability payments to which one is entitled, the resumption should begin as of the date one leaves active service.
Tiger Lily, LLC, et al. v. United States Department of Housing and Urban Development, et al.
AMICUS BRIEF SUMMARY – In a joint amicus brief filed in the U.S. District Court for the Western District of Tennessee, NCLA condemned an eviction moratorium order imposed by the Centers for Disease Control and Prevention (CDC) last month to purportedly prevent the spread of COVID-19.
Tom Wolf v. Joseph B. Scarnati, et al.
AMICUS BRIEF SUMMARY – NCLA’s brief argues that the Governor’s argument is flawed. “The concurrence of both houses” is not “necessary” for a termination of disaster emergency under § 7301(c) of the Emergency Management Services Code, which authorizes the Governor to declare or proclaim a disaster emergency…
United States v. Arthrex, Inc., et al.; United States v. Polaris Innovations, Ltd. et al.; Smith & Nephew, Inc. and ArthroCare Corp. v. Arthrex, Inc. and United States
AMICUS BRIEF SUMMARY – At issue in the consolidated set of cases is whether administrative patent judges (APJs) can be appointed by the U.S. Secretary of Commerce or whether the Constitution requires the President to appoint these judges and the Senate to confirm them.
U.S. v. Daniel Lovato
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in U.S. v. Daniel Lovato, urging the federal court to re-examine the circuit’s treatment of “Stinson Deference.” The case presents an opportunity for the U.S. Court of Appeals for the Tenth Circuit to join…
U.S. v. Jeffrey Havis
AMICUS BRIEF SUMMARY – Jeffery Havis was sentenced to federal prison in reliance on a provision of the U.S. Sentencing Guidelines Manual that was passed without required Congressional approval…
U.S. v. Malik Nasir
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in U.S. v. Malik Nasir, urging the federal court to re-examine the circuit’s treatment of “Stinson Deference.” The case presents an opportunity for the U.S. Court of Appeals for the Third Circuit to join…
U.S. v. Zimmian Tabb
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in U.S. v. Zimmian Tabb, urging the U.S. Court of Appeals for the Second Circuit to abandon “Stinson Deference.” This judicial deference doctrine requires federal judges to defer to commentary the United States Sentencing Commission (U.S.S.C.) has written interpreting the U.S. Sentencing Guidelines (U.S.S.G.).
Williams Alaska Petroleum, Inc., et al. v. State of Alaska, et al.
AMICUS BRIEF SUMMARY – NCLA is asking the court not to defer to a legal interpretation made by the Alaska Department of Environmental Conservation (DEC). Instead, NCLA argues that Alaskan courts need to interpret the law without deferring to the agency’s interpretation.
Willie Earl Carr, et al. v. Andrew M. Saul, Commissioner of Social Security; John J. Davis, et al. v. Andrew M. Saul, Commissioner of Social Security
AMICI BRIEF SUMMARY – The case concerns whether claimants seeking disability benefits under the Social Security Act must “exhaust” constitutional challenges to their benefits determinations before an Administrative Law Judge (ALJ) at the Social Security Administration (“SSA”) in order…
More Amicus Briefs are coming soon. For information on our cases visit NCLA’s Case Summaries page.
American Institute for International Steel, Inc. v. U.S.
AMICUS BRIEF SUMMARY – NCLA filed an amicus curiae brief in support of the American Institute for International Steel, Inc. AIIS has filed a petition seeking a Writ of Certiorari from the U.S. Supreme Court in American Inst. for International Steel, Inc. v. U.S., claiming that a tariff law improperly divests legislative power…
Elkhorn Baptist Church, et al. v. Katherine Brown
AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the Oregon Supreme Court in Elkhorn Baptist Church, et al. v. Katherine Brown. A broad coalition of local churches brought the case after being seriously disturbed by Governor Katherine Brown’s restrictions on religious gatherings since late March in response to the COVID-19 pandemic.
Little Sisters of the Poor v. Pennsylvania
AMICUS BRIEF SUMMARY – NCLA states that in adopting the Affordable Care Act (ACA), Pub. L. 111-148 (2010), Congress improperly delegated to the administrative state the power to write laws governing the conduct of health insurance providers. Administrative agencies responded