In the News
FAQs re Murthy v. Missouri
Philip Hamburger asked me to post these FAQs about Murthy v. Missouri. Philip is CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs in Murthy. I am on the NCLA's board. PHILIP HAMBURGER: Next Monday, the Supreme Court will hear...
New SEC Climate Rules Likely To Come Under Intense Scrutiny as an Example of ‘Regulatory Overreach’
‘The SEC has turned into a ‘regulate everything’ agency,’ one critic of the new rules says. New rules from the Securities and Exchange Commission requiring companies to report their greenhouse gas emissions are poised to unleash a wave of litigation against what...
‘Vindictive Operation’: Oldest Federal Judge Speaks Out Against Colleagues’ Effort To Remove Her From The Bench
... Newman passed examinations by two medical professionals, though the judicial council dismissed their validity, according to the New Civil Liberties Alliance... Moore’s order last year quickly sparked due process concerns: should the judges who are accusing Newman...
‘John Doe’ Tennessee Accountant Challenges PCAOB’s Enforcement Powers
... The unnamed Tennessee accountant is represented by the New Civil Liberties Alliance (NCLA), a group that is also representing a separate anonymous plaintiff who filed a similar suit against the PCAOB last year in Texas. The Supreme Court is slated to weigh in on...
Pennsylvania lawyer says professionalism rules violate First Amendment
... Other amicus briefs were filed by the Manhattan Institute and the New Civil Liberties Alliance. Read the full article
Lawyer speech codes enforce ‘rigid ideological orthodoxy,’ chill ‘unpopular views,’ SCOTUS told
... The Institute for Faith and Family, Foundation for Moral Law and New Civil Liberties Alliance, which is challenging a somewhat different Connecticut legal ethics rule, each filed individual briefs... NCLA President Mark Chenoweth mocked the "standing gymnastics"...
Energy Dept. Halts Crypto Mining Survey To End Industry Suit
The crypto industry group challenging a U.S. Department of Energy survey on crypto mining has reached an agreement that will see the government offices destroy any data they've already collected and circulate the survey for comment from stakeholders — a step the...
How gun accessories called bump stocks ended up before the U.S. Supreme Court
... A group called the New Civil Liberties Alliance sued to challenge the bump stock ban on behalf of Michael Cargill, a Texas gun shop owner. According to court records, Cargill bought two bump stocks in 2018 and then surrendered them once the federal ban took...
The Supreme Court’s Review Of Trump-Era Bump Stock Ban: An Overview
... The legality of the bump stock ban is now being questioned before the Supreme Court. Michael Cargill, a gun store owner and U.S. Army veteran, challenged the ban, arguing that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority in...
Texas man takes ATF bump stock ban challenge to Supreme Court
... John Vecchione, senior litigation counsel for the New Civil Liberties Alliance, which represents Cargill, told the Washington Examiner that the ATF “waived the Chevron argument in lower courts and said we’re just going to go straight on statutory construction,...
Talking Administrative Law: Why A Legal Advocate Says the SEC’s In-House Courts are ‘Something Out of Kafka’
Also, FDIC IG says agency continues to lag in recruiting and retaining workers; FSOC meets in private to discuss financial risks; OCC names an acting chief counsel Friday Q&A: The issue of federal agency power has become one of the hottest topics in financial...
Full 5th Circ. To Hear Appeal Of Nasdaq Board Diversity Rule
The Fifth Circuit agreed Tuesday to rehear en banc a lawsuit challenging a Nasdaq board diversity rule that the U.S. Securities and Exchange Commission had approved, granting conservative groups that brought the lawsuit another shot at overturning a rule that requires...
Cleveland: State Department’s Censorship Scheme Suppresses Conservative News
“The State Department, through its Global Engagement Center, was funding the development, the research, the promotion of different types of technology that are used to censor publications,” said New Civil Liberties Alliance counsel Margot Cleveland during a “Real...
Supreme Court watchlist: Agency power, air rules, water rights
... In a pair of cases argued in January — Loper Bright v. Raimondo and Relentless v. Commerce — the justices seemed receptive to conservative lawyers’ arguments to at least limit the Chevron doctrine, a legal theory established in a 1984 Supreme Court case that gives...
Texas AG Sues to Stop Biden Censorship of Conservative Media
... Mark Chenoweth, president and general counsel of New Civil Liberties Alliance, which is serving as co-counsel, said in the press release: "The State Department supposedly developed these speech-suppressing technologies to combat foreign propaganda overseas. That...
Daily Wire, Texas AG Ask Court To Block State Department’s Domestic ‘Misinformation’ Efforts
... “The U.S. Department of State, through its Global Engagement Center (GEC), is actively intervening in the news-media market to limit the reach of, the circulation of, and render unprofitable, disfavored press outlets by funding the infrastructure, development, and...
‘A Terrible Precedent to Set’: Newman Suspension Upheld on Appeal
... Newman’s counsel, Greg Dolin of the New Civil Liberties Alliance (NCLA), told IPWatchdog in September that he believes the order is flatly illegal, citing to Rule 20, which requires a “fixed period” for suspending a judge from being assigned new cases. According...
IRS Seizure of Crypto Records Sets Up Privacy Rights Showdown at 1st Circuit
... The case before the First Circuit was brought by investor James Harper, whose financial records the IRS obtained through a judicially enforced “John Doe summons” asking Coinbase to turn over information on thousands of account holders. John Doe summons, which...
Legal activist group plots challenge over SEC’s ‘Gag Rule’
A legal activist group aiming to weaken the administrative state plans to sue the SEC over its long-standing practice of barring defendants who settle charges from later denying the allegations levied by the agency. The New Civil Liberties Alliance said Tuesday that...
Org Dedicated to ‘Transparency’ Hides Tax Filings
A State Department-funded organization that purports to combat opaque operations within websites and media stands accused of hypocritically and illegally hiding its own funders and officers. The stated mission of the Global Disinformation Index (GDI), a not-for-profit...
Musk’s Tesla Union Tweet Sets Up Speech Clash at Fifth Circuit
... People like Musk are the only ones who can afford to fight the government over a single tweet, but the impact of the case “goes far beyond Elon Musk,” said Kara Rollins, an attorney with the New Civil Liberties Alliance, which filed an amicus brief backing Tesla....
SEC ‘Gag Orders’ at Risk as Skeptical Court Takes Up Challenge
... “We view this as one of the biggest, clearest First Amendment breaches by an agency that’s ever been done,” said Kara Rollins, an attorney with the New Civil Liberties Alliance, which represents Novinger and his company, ICAN Investment Group LLC... The policy is...
Fishermen await Supreme Court rulings that could change the regulatory authority of federal agencies
... The New Civil Liberties Alliance (NCLA), a nonprofit civil rights organization, is representing three fishing companies: Relentless Inc., Huntress Inc. and Seafreeze Fleet LLC... "On a daily basis, before you leave the dock, you have to tell the government what...
Sense Of Duty Drives GC To Take On ‘Administrative State’
Zhonette Brown grew up on a farm in Nebraska, where she says she absorbed the values of accountability, self-sufficiency, and duty to one's family and community... Read the full article
Supreme Court hears fishermen’s challenge that could upend agency powers
... On the Washington D.C. courthouse steps after the hearing, Meghan Lapp, fisheries liaison at Seafreeze Ltd. In Point Judith, R.I., the homeport of Relentless, said the protests wound their way through fisheries council meetings and NMFS officials to no avail. So...