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Supreme Court questions federal agencies’ ability to serve as judge and jury

November 29, 2023
… “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 could be narrowly affirmed on jury trial rights where the claim maps the elements of common…
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An Administrative Court Scandal at the SEC

November 29, 2023
… “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, depth and extent of file-sharing” between the SEC’s courts and cops.…
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Conservative Groups Want Another Shot at Overturning Nasdaq’s Board Diversity Rule

November 28, 2023
…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, representing the National Center for Public Policy Research, on Nov. 27 filed a petition in the Fifth Circuit…
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Investment Advisory Firm Case Hits Supreme Court This Week

November 26, 2023
…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 litigation counsel at the New Civil Liberties Alliance, counters this view, noting the importance of jury trials, especially in cases where the…
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All the President’s Misinformation: Employees’ Rebuke of Biden Exposes Peril of Feds’ Speech Police

November 16, 2023
…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 and Judicial Watch are suing for records of those interactions…
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Coinbase’s SEC Fight Renews Interest in ‘Grossly’ Underused Tool

November 16, 2023
…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 tool” across federal agencies, she said. “Part of that is because the agencies don’t substantively respond,”…
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In NCLA Relentless Case, Supreme Court Overturns Chevron DeferencePress Release >>
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