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President Trump Rightfully Orders Agencies to be Transparent and Fair; USDA Should be the First to Comply
Despite the fact that the Constitution and Administrative Procedure Act prohibit the practice, federal agencies often engage in the commonplace tactic of issuing informal interpretations, factsheets, and other forms of “guidance,” to force compliance with a slew of “policy positions” that are not supposed to be legally binding. The agencies, in other words, use purportedly…
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The Wholesale Nullification of FOIA
Adi Dynar
The Freedom of Information Act, or FOIA, is one of the most important legal tools Americans have for ensuring the federal government is transparent. Given the mammoth size of the federal bureaucracy, FOIA helps inform Americans of “what their government is up to,” in the words of Henry Steele Commager…
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Ignoring Reality and the Law of Unintended Consequences
Harriet Hageman
The United States Forest Service (“USFS”) dropped the “Roadless Rule” (66 Fed.Reg. 3244) on the public in the last ten days of the Clinton administration, the outcome of which was to essentially deny access to and management of 58.5 million acres of National Forest lands throughout the Country. That Rule covered a full 30%…
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The Most Hated Supreme Court Case of its Time – Now Showing on Amazon and at NCLA
Peggy Little
New Civil Liberties Alliance recently hosted a showing of Little Pink House, a 2017 fact-based film dramatization of the events leading to the Supreme Court’s 5-4 decision in Kelo v. New London. When that case was handed down in 2005, immediate, nationwide outrage rocketed it to the dubious distinction of being the most hated Supreme…
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The SEC’s Made-up Power to Punish
Caleb Kruckenberg
At some point in every lawyer’s career, they become familiar with, what I call, “hallway law.” This is the set of rules that everyone seems to think apply, but don’t actually have any basis in the law. Hallway law exists merely from inertia, but it can be very difficult…
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Comments in Response to the New York State Education Department's Proposed Regulation: Substantially Equivalent Instruction for Nonpublic School Students
In the News
Re: I.D. No. EDU-27-19-00010-P: Substantially Equivalent Instruction for Nonpublic School Students In NCLA’s view, the Department must withdraw the Substantial Equivalency Rule because it violates the New York State and United States Constitutions in at least two ways. First, NYSED may not dictate to private and parochial schools, or their teachers, parents, or guardians, what…
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