Legal Action

Petition for Repeal of CTFC Gag Rule

CFTC’s Gag Rule adopts a policy that will not “accept any offer of settlement submitted by any respondent or defendant in an administrative or civil proceeding, if [they wish] to continue to deny the allegations of the complaint or the findings of fact or conclusions...

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Romeril Reply Brief

There is no merit in the SEC’s argument that a Rule 60(b) motion cannot be used to set aside an unconstitutional gag order. Indeed, the SEC itself recently argued that “the proper vehicle is review of the consent judgment[] before the court[] that entered [it],”...

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Complaint, Shipp v. U.S. Bureau of Prisons

A term of imprisonment is satisfied through actual time in custody plus good time credits. 18 U.S.C. §§ 3624(a), (b). The Sentencing Reform Act of 1984 eliminated the federal parole system and sharply cut back on the rate at which federal prisoners could earn good...

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Amici Curiae, Cuban et. al, Cochran v. SEC

Michelle Cochran’s (“Cochran” or “Ms. Cochran”) appeal challenges the United States Securities and Exchange Commission’s (the “SEC” or “Commission”) use of administrative law judges (“ALJs”) in enforcement proceedings. See generally Lucia v. SEC, 138 S. Ct. 2044...

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Amicus Curiae, Cochran v. SEC

A separation-of-powers challenge to the authority of an administrative law judge to adjudicate an enforcement proceeding is, by its very nature, properly brought to an Article III court—not raised in an administrative proceeding before the very decision-maker whose...

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Amicus Brief for CATO, COA and CEI, Cochran v. SEC

Ms. Cochran’s complaint in this case asserts her right not to be forced, without her consent, to participate in adjudicative proceedings conducted by an ALJ who lacks proper constitutional authority. She is not challenging the SEC’s general authority to prosecute her...

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Merits Brief, Aposhian v. Whitaker, et al.

Rightly or wrongly, Congress has not prohibited bump stocks, and it is unlawful for a prosecutorial entity, like the Bureau of Alcohol, Tobacco, Firearms and Explosives, to rewrite the law in Congress’ place. ATF’s Bump Stock Final Rule took an administrative shortcut...

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Appellant’s Opening Brief, Cochran v. SEC

This case arises out of the SEC’s effort to subject Michelle Cochran to a second unconstitutional enforcement proceeding after the Supreme Court concluded in Lucia v. SEC, 138 S. Ct. 2044 (2018), that the administrative law judge (ALJ) who presided over her first...

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USA v. Jeffery Havis Opinion and Judgment Filed

In 2017, Havis pled guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). Under the Sentencing Guidelines, a person convicted under § 922(g)(1) starts with a base offense level of 14; but that level increases to 20 if the defendant has a prior...

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USA v Jeffery Havis Appeal Granted

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows: The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this...

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Cargill v. Barr et al Complaint

The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives have violated this basic principle by issuing the “Bump-Stock-Type Devices” Final Rule. Contrary to statutory language enacted by Congress (and signed by the President), and...

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Kisor v. Wilkie Amicus Brief

SUMMARY OF THE ARGUMENT 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...

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Department of Education Comment

Re: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, Docket Number ED-2018-OCR-0064 Secretary DeVos: The New Civil Liberties Alliance (NCLA) submits the following commentary in response to the Department...

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