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Petition to Amend Rule 3, Rules of Procedure for Judicial Review of Administrative Decisions
In the News
Pursuant to Rule 28, Ariz. R. Sup. Ct., the New Civil Liberties Alliance (“NCLA”) petitions this Court to amend Arizona Rule of Procedure for Judicial Review of Administrative Decisions 3 (“JRAD Rule 3”). NCLA is a nonprofit civil-rights organization and public-interest law firm devoted to defending constitutional freedoms. NCLA was founded to challenge multiple constitutional…
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To Griggs Or Not To Griggs, That Is The Question
Adi Dynar
In 2020, the Supreme Court is poised to decide whether Title VII of the Civil Rights Act prohibits employment discrimination on the basis of sexual orientation or gender identity in Bostock v. Clayton County and R.G. & G.R. Funeral Homes v. EEOC. Title VII prohibits workplace discrimination “because of … sex.” The Court’s decision will…
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Comments in Response to the U.S. Department of Energy: Proposed Agency Guidance Rulemaking
In the News
The New Civil Liberties Alliance (NCLA) submits the following commentary in response to the Department of Energy’s (DOE) request for comment on NCLA’s August 2, 2019 petition for rulemaking. See Regulations Prohibiting Issuance, Reliance,or Defense of Improper Agency Guidance,Notice of Petition for Rulemaking,84 Fed. Reg. 50791 (Sept. 26, 2019) (DOE Notice of Petition and Request…
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What We’re Watching – Fleming v. USDA, No. 17-1246
Jessica Thompson
On Friday, November 15, D.C. Circuit Judges Srinivasan, Katsas, and Rao heard oral arguments in Joe Fleming, et al. v. U.S. Dept. of Agriculture, No. 17-1246, which challenges the U.S. Department of Agriculture’s Administrative Law Judges’ appointments and tenure protections. We’re watching this case and keeping an eye out for other challenges to legal proceedings…
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Nondelegation, Origination Clause, and IRS’s “Curio” Power
Adi Dynar
Perhaps you get a pass if you don’t know that there is a federal agency called the Federal Service Impasses Panel that resolves disputes between federal agencies and federal-employee unions. But the Internal Revenue Service is not some obscure federal agency. IRS is always lurking somewhere in our wallets and pocketbooks. If you are an…
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Lawyers, Heal Yourselves!
Peggy Little
Lawyers, heal yourselves! My work at New Civil Liberties Alliance involves reining in the Administrative State. Every day brings new revelations of the vast sweep and deep tentacles of the modern Administrative State across every level of government. Do you know that the federal government does not know how many administrative agencies it has?…
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