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Amicus Briefs

Calcutt v. FDIC

Congress has long protected federal agency Administrative Law Judges (ALJs) from removal, thus depriving Americans of their constitutional freedom to live under a government in which executive power is accountable to them through the President. NCLA filed amicus curiae briefs in a case addressing whether certain Federal Deposit Insurance Corporation (FDIC) officers, including the agency’s ALJs, are protected by multiple layers of tenure protection in violation of the “Take Care” clause of the Constitution.

On May 22, 2023, the U.S. Supreme Court granted cert on the first question of Plaintiff Harry C. Calcutt, III’s petition, reversed the previous judgement of the U.S. Court of Appeals for the Sixth Circuit on that issue, and remanded the case to the Sixth Circuit for further proceedings, a victory for NCLA.

Mark Chenoweth
President and Chief Legal Officer
Jenin Younes
Litigation Counsel
Margaret A. Little
Senior Litigation Counsel
Russ Ryan
Senior Litigation Counsel

Order of the U.S. Supreme Court

May 22, 2023 | Read More

Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Petitioner

March 3, 2023 | Read More

Amicus Brief of the New Civil Liberties Alliance in Support of Petition for Rehearing en Banc

August 1, 2022 | Read More


NCLA Amicus Brief Calls for Supreme Court to Review Unconstitutional FDIC ALJ Tenure Protections

March 6, 2023 | Read More

NCLA Amicus Brief Calls for Full Sixth Circuit to Reconsider Unconstitutional FDIC ALJ Protections

August 1, 2022 | Read More



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