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High Court Says US Judges Can Hear Attacks On FTC, SEC

April 14, 2023
…In the second case, Michelle Cochran, a certified public accountant accused by the SEC of flouting auditing standards, sought to challenge that same scheme at the Wall Street regulator. Cochran won in the Fifth Circuit, setting up the government’s appeal that the Securities and Exchange Act similarly stripped the court that heard the case of…
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Supreme Court Makes It Easier to Challenge Structure of Federal Agencies

April 14, 2023
…Lawyers for accountant Michelle Cochran, bringing the challenge in the SEC case, and body-camera manufacturer Axon Enterprise Inc. in the FTC case, said their clients should not have to undergo years of litigation before being able to challenge the constitutionality of the administrative law judges and, thus, the agencies’ enforcement actions themselves…
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Supreme Court Opens Path to Curbing FTC, SEC Powers

April 14, 2023
…The opinion dealt with two related cases, Axon Enterprise v. FTC and SEC v. Cochran. While it addressed a narrow jurisdictional question, it highlighted the court’s increasing skepticism toward administrative tribunals run by federal agencies…
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Supreme Court Allows Federal Agencies to Be Taken to Court

April 14, 2023
…The New Civil Liberties Alliance, a nonprofit civil rights group that supported Cochran’s case in its journey to the high court, said the ruling will allow citizens to access federal courts when agencies violate their constitutional rights. The NCLA will continue to represent Cochran as her case proceeds in the lower courts…
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Patient Privacy at Risk in Senate Bill Aimed at Pharmacy Managers

April 13, 2023
…”Patients may not even know that their data is released,” Greg Dolin, a University of Baltimore law professor and senior litigation counsel at the New Civil Liberties Alliance, a nonprofit that defends constitutional rights, tells Reason. Since the bill’s main thrust seems to be aimed at reimbursement and financial issues, it’s unclear whether patient data would be…
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DOJ’s Bump Stock Appeal Could Have Much Broader Implications

April 11, 2023
…The Supreme Court “has been clear that we do not invoke lenity just because ‘multiple, divergent principles of statutory construction are available,’” Higginson wrote. Michael Cargill, the Texas gun shop owner who brought the lawsuit challenging the ban, is represented by the New Civil Liberties Alliance…
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