Judges often advise appellate lawyers to provide in their briefs a clear path to the outcome they want. The Supreme Court of the United States recently denied review in a case that exemplified that lesson yet again. In Baldwin v. United States, No. 19–402, the petition for certiorari argued that the Court should overrule National Cable & Telecommunications Association…

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the burden of persuasion in qualified immunity cases should be on the plaintiff or on the defendant, whether the due process clause is violated when the prosecution relies on material, perjured testimony to secure a conviction but did not…

President Trump promised as part of his deregulation campaign to end bureaucratic “guidance” that dodges normal rule-making. Someone should tell the U.S. Department of Agriculture as it tries to impose burdensome new cattle-identification requirements. To prevent the spread of diseases like bovine tuberculosis and brucellosis, the USDA needs to identify and track livestock. In 2013…

The U.S. Department of Commerce is illegally charging herring fishers for the cost of a monitoring program that measures compliance with federal fishing standards, fishers claim in a new lawsuit. Seafreeze Fleet LLC and two subsidiaries that own trawlers that fish the Atlantic Ocean for herring said in a Wednesday complaint that the National Oceanic…

The New Civil Liberties Alliance today filed a lawsuit in the U.S. District Court of Rhode Island against the U.S. Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NOAA Fisheries), as well as the heads of those agencies. Read the full article here. TweetShareShare0 Shares

Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, recently filed a new motion in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. The new motion reveals that despite the U.S. Department of Agriculture’s assurances to the court that it…