Legal Action

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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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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DOT Petition for Rulemaking

I. INTRODUCTION "An extraordinary breach of New Mexico’s constitutional order lies at the heart of this case—a veto of a veto that effectively enacted law without a governor’s signature and without a veto override by the New Mexico State Legislature. This end-run...

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