In the News
State Department faces lawsuit from conservative media over funding ‘censorship scheme’
A pair of conservative media outlets are accusing the State Department in a new lawsuit of funding an unconstitutional "censorship scheme" suppressing voices on the Right, according to a complaint. The lawsuit, which counts Texas as a plaintiff, was filed Tuesday by...
Supreme Court questions federal agencies’ ability to serve as judge and jury
... "The court focused almost exclusively on the jury trial question, with the justices plumbing different approaches to the difficult line-drawing questions," said Peggy Little, an attorney at New Civil Liberties Alliance. "There's a decent chance the 5th Circuit...
An Administrative Court Scandal at the SEC
... "Without a doubt, the mass dismissal of these open cases is an evasion of the review promised by the Supreme Court," says Peggy Little, senior counsel at the New Civil Liberties Alliance (NCLA). "Conveniently, it also seeks to extinguish discovery on the breadth,...
Conservative Groups Want Another Shot at Overturning Nasdaq’s Board Diversity Rule
...After a three-judge panel last month rejected their lawsuit seeking to overturn Nasdaq's board diversity rule, the conservative groups behind the legal challenge would like an entire federal appeals court to hear the case. The New Civil Liberties Alliance,...
Investment Advisory Firm Case Hits Supreme Court This Week
...The Supreme Court’s examination will focus on these three key issues. Solicitor General Elizabeth Prelogar, representing the government, argues that the Seventh Amendment does not extend to administrative adjudications by federal agencies. Peggy Little, senior...
All the President’s Misinformation: Employees’ Rebuke of Biden Exposes Peril of Feds’ Speech Police
...Missouri and Louisiana, the New Civil Liberties Alliance and former New York Times reporter Alex Berenson are all suing the feds for alleged First Amendment violations related to coercion of social media platforms to suppress disfavored content. America First Legal...
Coinbase’s SEC Fight Renews Interest in ‘Grossly’ Underused Tool
...Having the ability to suggest new regulations and rule changes directly to the agency is powerful, said Kara Rollins of the New Civil Liberties Alliance (NCLA), a Washington, D.C.-based civil rights group. Still, rulemaking petitions are a “grossly underutilized...
Supreme Court to Review Trump-Era Ban on Gun ‘Bump Stocks’
...Richard Samp, a lawyer with the New Civil Liberties Alliance, a legal group representing Cargill, said, “ATF for many years recognized that bump-stock-equipped semi-automatic weapons are not ‘machineguns.’ Its sudden reversal can only be explained as a decision to...
US Supreme Court to Decide Legality of Federal Ban on Gun ‘Bump Stocks’
...Cargill sued to challenge the rule, which required him to surrender his two bump stocks. Attorney Richard Samp of the New Civil Liberties Alliance conservative legal group, representing Cargill, praised the court's decision to hear the case. "ATF for many years...
A Small Fish and an Uncollected Fee Add Up to Big-Government Challenge at the Supreme Court
...Critics say an expansive reading of that provision would leave fishing businesses vulnerable to crushing fees. “Once they’ve got it fixed in the legal firmament, they can go charge whatever they want,” said John Vecchione, a lawyer with the New Civil Liberties...
Supreme Court Wades Into Social Media Wars over Free Speech
..."Many of these cases talk about how social media is the modern public square to try to convey to the justices, who may not be as familiar with social media, just how important this is in the present day and age," said Jenin Younes, a lawyer at the New Civil...
Newman Tells D.C. District Court Her Removal from Bench is ‘Unprecedented in American Judicial History’
...Late yesterday evening, the New Civil Liberties Alliance (NCLA)—the firm representing U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman in her district court case against CAFC Chief Judge Moore and other members of the panel of the Judicial...
How Biden Is Continuing to Cancel Student Loan Debt Despite Supreme Court Ruling
...The Biden administration is facing at least one lawsuit over the account adjustments, filed by the New Civil Liberties Alliance on behalf of the conservative groups Cato Institute and the Mackinac Center for Public Policy. The plaintiffs recently filed an...
Supreme Court Sets Up Doubleheader to Scrutinize Federal Government Authority
...“The people of New England famously rebelled against George III because he ‘erected’ ‘New Offices and sent hither swarms of Officers to harass’ them ‘and eat out their substance,’” John Vecchione, an attorney with the New Civil Liberties Alliance representing the...
California Quietly Repeals Restrictions on Doctors’ COVID-19 Advice
...In McDonald v. Lawson, which the Liberty Justice Center (LJC) filed in the U.S. District Court for the Central District of California on October 4, 2022, Judge Fred Slaughter declined to issue a preliminary injunction, concluding in a December 28 order that A.B....
FINRA Authority Fight Carries Weight But May Be a ‘Hard Ask’
...But even if it’s not a state actor, there are problems with the SEC’s supervision of FINRA, said Russ Ryan of the New Civil Liberties Alliance in Washington, which submitted an amicus brief supporting Alpine. The brief said the SEC’s supervisory role in enforcement...
Biden Student Loan Debt Forgiveness Plan for 804,000 Borrowers Faces New Legal Challenge
...The Cato Institute and Mackinac Center for Public Policy launched the fresh legal challenge Tuesday in the U.S. Court of Appeals for the Sixth Circuit. The appeal was filed on their behalf by the New Civil Liberties Alliance... Read the full article
Opponents of the ‘Administrative State’ Turn Attention to Upcoming Supreme Court Case
...Opponents of the Chevron doctrine, like Philip Hamburger of Columbia Law School, say the doctrine is a violation of due process. “The New Civil Liberties Alliance is arguing that Chevron deference is best understood as Chevron bias,” Mr. Hamburger tells the Sun....
Left and Right Unite Against New York ‘Hateful Conduct’ Regulation of Social Media, News, Blogs
...The New Civil Liberties Alliance, which is representing doctors in a legal challenge to the Biden administration's pressure on social media to censor purported disinformation, told the 2nd Circuit that New York is trying to pull a fast one by claiming to regulate...
Federal Appeals Court To Rehear Case That Could Devastate Biden Admin’s Censorship Regime
...Jenin Younes, lead counsel representing the four private plaintiffs on the Missouri v. Biden case for the New Civil Liberties Alliance, told the Daily Caller News Foundation she believes the court’s decision to rehear the case indicates a willingness to reconsider...
Speech Code for Lawyers? Appeals Courts Poised to Clash on Constitutionality of State Rules
..The New Civil Liberties Alliance, which is representing lawyers Mario Cerame and Timothy Moynahan in a similar lawsuit against Connecticut's Rule 8.4(7), filed a friend-of-the-court brief in support of Greenberg this week... Read the full article
Wall Street Is Furious Over Rising Fines From SEC
..“There is no meaningful cap or calculation that ever really takes place,” said David Rosenfeld, a law professor at Northern Illinois University and former senior SEC enforcement official whose work examining SEC fines was cited by the New Civil Liberties Alliance in...
Attorney Conduct Rule Doesn’t Chill Free Speech, Connecticut Tells US Court
..."They are very much afraid that if they continue to make the sort of forceful comments they used to regularly make, it would lead them to be charged," their lawyer Richard Samp of the New Civil Liberties Alliance said at Friday's oral arguments... Read the full...
Lawyers Say Exam Shows 96-Year-Old Us Appeals Judge Still Fit to Serve
...Newman's lawyers at the New Civil Liberties Alliance on Thursday released a report by Dr. Regina Carney, a Miami-based forensic psychiatrist, that described Newman as an "unusually cognitively intact 96-year-old woman" with "no evidence of current substantial...
As U.S. Securities Regulator FINRA Faces Constitutional Challenge, Bill Barr Calls for Defanging It
...That filing, in turn, prompted two briefs filed on Wednesday in support of Alpine, one from the New Civil Liberties Alliance, a nonprofit that frequently represents defendants targeted in SEC proceedings; and the other from Barr, now at Torridon Law, and Francisco,...