In the News
NJ Landlords Fight Back: Lawsuit Challenges Murphy Executive Order
Last spring when the pandemic was raging and many New Jersey workers lost their jobs, Gov. Phil Murphy suspended the right of landlords to evict tenants. Murphy also signed executive order No. 128, forcing landlords to use their tenants’ security deposits toward rent...
Landlords Claim CDC Eviction Moratorium Is Hurting Them
RICHMOND, Va. -- Landlords across the country are saying the Center for Disease Control and Prevention (CDC)'s eviction moratorium that was recently extended to protect tenants struggling to make rent is starting to hurt them. For this reason, a civil rights...
Landlords Struggle Under Extended CDC Eviction Ban, Class-Action Lawsuit Argues
(The Center Square) – Landlords are struggling after the U.S. Centers for Disease Control and Prevention (CDC) extended a national ban on certain evictions apparently to slow the spread of COVID-19. The CDC extended the moratorium, first enacted in Sept. 2020, through...
The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes
Two years ago, peaceful, law-abiding gun owners across the country became felons overnight, thanks to the Trump administration's ban on bump stocks. But as the U.S. Court of Appeals for the 6th Circuit recognized last week, Congress alone has the authority to define...
NCLA’s Class-Action Lawsuit Against the CDC
NCLA's Senior Litigation Counsel John Vecchione joins "The Bill Meyer Show" on AM 1440 KMED to discuss NCLA's class-action lawsuit against the CDC's unlawful eviction moratorium. Key takeaways: • The CDC does not have the ability to stop your access to state court....
Insights Into the Administrative State
NCLA's Executive Director and General Counsel Mark Chenoweth joins "The Michael Berry Show" on News Radio 740 KTRH to discuss how the Administrative State violates the Constitution and the avalanche of executive orders seen in the first few months of the Biden...
The CDC Keeps Extending Its Illegal Eviction Ban
The Centers for Disease Control and Prevention (CDC) is extending its controversial eviction moratorium, which was set to expire Wednesday, through the end of June. The order, signed by CDC Director Rochelle Walensky, prevents tenants earning up to $99,000 ($198,000...
Why Is Congress Giving Its Powers Away?
If he were alive today, James Madison would probably be most surprised and dismayed by one feature of today’s government — the willingness of Congress to cede its unique constitutional authorities to the executive branch. This both compromises and defeats the...
Ranch Group Declares Another Victory in Fight to Stop Mandatory Radio Eartags
Earlier this week, the U.S. Department of Agriculture’s animal health agency, the Animal and Plant Health Inspection Service (APHIS) announced it would not implement its July 5, 2020, Federal Register Notice. The notice would have required the use of radio frequency...
APHIS Takes Step Back On Cattle Producers’ RFID Mandate
USDA’s Animal and Plant Health Inspection Service announced it would not implement its July 5, 2020 Federal Register Notice that would have required the use of radio frequency identification eartags on all adult cattle and bison moved in interstate commerce beginning...
USDA Walks Back Eartag Mandate
USDA Animal and Plant Health Inspection Service announced on Wednesday it is pulling back on mandating the use of radio frequency identification eartags on cattle and bison in interstate commerce. It will instead use the rulemaking process for any future action...
Federalist Publisher Slams NLRB Order To Delete Tweet
The National Labor Relations Board had no business filing a complaint over a tweet from The Federalist's publisher that bad-mouthed union organizing because the person filing the underlying charge had no ties to the dispute, the publisher has told the Third Circuit....
Court Tosses Challenge To IRS Crypto Exchange Summons
A New Hampshire man cannot block the Internal Revenue Service from obtaining his records from cryptocurrency platforms because it would unlawfully impede the collection of tax, a federal judge said Tuesday in dismissing his case challenging the agency's summons. James...
How Executive Orders Circumvent Congress
NCLA's Senior Litigation Counsel, Peggy Little, joins "The Morning Newswatch" with Tom Miller on NewsRadio WPJF to discuss the injustice of relying on executive orders to circumvent the legislative process. Peggy Little comes to NCLA with over three decades of...
Executive Orders Create a Congress Divested of Power
NCLA's Executive Director and General Counsel, Mark Chenoweth, joins "Just the Truth" with Jenna Ellis on Real America's Voice to discuss the avalanche of executive orders seen in the first few months of the Biden administration and the looming consequences that have...
A Conversation About the Growing Number of Executive Orders
On March 2, 2021, the Wall Street Journal wrote the article, "Biden’s Hurdle: Courts Dubious of Rule by Regulation," regarding President Biden's swift executive orders and organizations like NCLA that are troubled by the modern trend of using executive orders in place...
Wyoming Legislators Introduce Bill to Preserve Rancher Choice When Identifying Cattle
State of Wyoming legislators Rep. Chip Neiman and Sen. Cheri Steinmetz recently introduced House Bill 229 in the Wyoming Legislature. The bill preserves for Wyoming ranchers the choice of selecting among various lawful forms of animal identification devices when...
The Constitutional Problem with Governing Through Executive Orders
On March 2, 2021, the Wall Street Journal wrote the article, "Biden’s Hurdle: Courts Dubious of Rule by Regulation," regarding President Biden's swift executive orders and organizations like NCLA that are troubled by the modern trend of using executive orders in place...
U.S. District Judge John Barker in Texas Ruled That the National Ban on Evictions Is Unconstitutional
Now, this is a step in the right direction for landlords, because the last time the case made it to the federal district court in October of 2020—just following after the Trump administration had announced the moratorium from the CDC at the time and a judge, District...
In Bump Stock Case, Tenth Circuit Dismisses Grant of Rehearing En Banc As Improvidently Granted
In May 2020, a divided three-judge panel on the 10th Circuit upheld President Trump's executive action that prohibited possession of bump stocks. In September 2020, the 10th Circuit granted rehearing en banc in Aposhian v. Barr. The case was fully briefed, and was...
10th Circ. Cancels Rehearing On Bump Stock Ban Challenge
The Tenth Circuit on Friday reversed course and rescinded an en banc rehearing of a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks over the dissent of five circuit judges. According to the court's opinion, a...
Wyoming Legislators Introduce Bill to Preserve Rancher Choice When Identifying Cattle
Billings, Mont. – Today, State of Wyoming legislators Representative Chip Neiman and Senator Cheri Steinmetz introduced House Bill 229 in the Wyoming Legislature. The Bill preserves for Wyoming ranchers the choice of selecting among various lawful forms of animal...
Biden’s EO on Title IX is Unjust and Counterintuitive
NCLA Senior Litigation Counsel Harriet Hageman joins Philadelphia's AM 990 The Answer's show, "Philadelphia's Morning Answer," with Chris Stigall. Harriet Hageman has been a trial attorney for almost 30 years and is licensed to practice law in Wyoming, Michigan,...
Disappointing Changes to Title IX Under Biden Administration
NCLA Senior Litigation Counsel Harriet Hageman joins News Talk 600 KCOL’s show, “KCOL Mornings," with Jimmy Lakey. Harriet Hageman has been a trial attorney for almost 30 years and is licensed to practice law in Wyoming, Michigan, Colorado, and Nebraska, and has been...
Amici and Practitioners Attempt to Read the Arthrex Tea Leaves
Yesterday, the Supreme Court heard oral arguments in the most closely-watched patent case of the term, United States / Smith & Nephew v. Arthrex. IPWatchdog reached out to some of the amici in the case, as well as patent practitioners and other stakeholders, to...