by NCLA | Jan 7, 2020 | Case Documents
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. In doing so, NCLA believes...
by NCLA | Dec 23, 2019 | Case Documents
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...
by NCLA | Dec 16, 2019 | Case Documents
The precedent of this Court does not compel an out- come for either side. Although decisions such as Humph- rey’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...
by nclaadmin | Oct 8, 2019 | Case Documents
Brackeen v. Bernhardt Amicus Brief in Support of the Plaintiffs-Apellees’ Petition for Rehearing En Banc NCLA is particularly disturbed that the federal judges presiding over this action eschewed their fundamental duty “to say what the law...
by nclaadmin | Oct 4, 2019 | Case Documents
Damien Guedes, et al., vs. ATF, et al. Amicus Brief in Support of Petitioner for Writ of CertiorariChevron deference is bad enough on its own, for it unconstitutionally requires judges to abandon their independent judgement and, where the government is a party,...
by nclaadmin | Sep 25, 2019 | Case Documents
Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of the PetitionersThe 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...
