Press Releases

In Landmark Victory for Civil Liberties, NCLA Persuades Supreme Court to Overturn Chevron Deference

Washington, DC (June 28, 2024) – Today, the U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. Natural Resources Defense Council case and with it the unconstitutional Chevron doctrine. It did so in the New Civil Liberties Alliance’s case, Relentless Inc. v. Dept. of Commerce, argued in tandem with Loper Bright Enterprises, et...

In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury

Washington, DC (June 27, 2024) – Today, the U.S. Supreme Court struck a blow for freedom and restored the precious right to a trial by jury for Americans confronting the Administrative State. The Court affirmed the U.S. Court of Appeals for the Fifth Circuit’s decision in SEC v. Jarkesy, overturning the Securities and Exchange Commission’s...

Sixteen Amici Submit Powerful Briefs Defending First Amendment Rights Against SEC’s Illegal Gag Rule

Washington, DC (June 27, 2024) – Research organizations, advocacy groups and law firms have filed 11 amici curiae briefs in support the New Civil Liberties Alliance’s Powell, et al. v. SEC lawsuit in the U.S. Court of Appeals for the Ninth Circuit, challenging SEC’s refusal to amend its “Gag Rule.” This 50-year-old rule forbids every...

Supreme Court Issues Troubling Decision in NCLA Case Against Censorship Industrial Complex

Washington, DC (June 26, 2024) – Today, the U.S. Supreme Court voted 6-3 to vacate a historic preliminary injunction granted by the U.S. Court of Appeals for the Fifth Circuit in the case of Murthy v. Missouri, finding that the Respondents protected by the injunction lacked standing to support injunctive (that is, future) relief. The...

In NCLA Amicus Win, Fifth Circuit Upholds Permanent Block on Treasury’s Illegal State Tax Cut Ban

Washington, DC (June 26, 2024) – Late yesterday, the U.S. Court of Appeals for the Fifth Circuit affirmed a permanent injunction in States of Texas, Mississippi, Louisiana v. Yellen, shutting down the American Rescue Plan Act’s (ARPA) Tax Cut Ban condition that required the States to surrender their ability to decrease state taxes on their citizens...

NCLA Asks Ninth Circuit to End SEC’s Illegal Gag Rule Against Targets of Settled Enforcement Cases

Washington, DC (June 18, 2024) – Last night, the New Civil Liberties Alliance filed an opening brief in Powell, et al. v. SEC, asking the U.S. Court of Appeals for the Ninth Circuit to vacate SEC’s refusal to amend its “Gag Rule.” NCLA represents SEC enforcement targets silenced by the Gag Rule and media organizations...

NCLA Asks Supreme Court to Force U.S. Patent Office Back to Using Notice-and-Comment Rulemaking

Washington, DC (June 17, 2024) – The New Civil Liberties Alliance has filed an amicus curiae brief urging the Supreme Court to hear Chestek PLLC v. Vidal and stop the U.S. Patent and Trademark Office from eschewing notice-and-comment rulemaking. PTO should not be issuing rules that profoundly affect the economy without public input or considering...

NCLA Asks Eighth Circuit to Vacate SEC’s Unconstitutional New Climate Disclosure Rules

Washington, DC (June 17, 2024) – The New Civil Liberties Alliance has filed a joint opening brief in National Center for Public Policy Research v. SEC, urging the U.S. Eighth Circuit Court of Appeals to set aside new SEC rules requiring public companies to make extensive climate-related disclosures. NCLA’s challenge to the SEC rules is...

In NCLA’s Bump-Stock Ban Case, U.S. Supreme Court Rules ATF Cannot Alter a Statute’s Meaning

Washington, DC (June 14, 2024) – Today, the U.S. Supreme Court ruled 6-3 in the New Civil Liberties Alliance case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth...

In NCLA Amicus Win, Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard

Washington, DC (June 13, 2024) – The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law. Justice Thomas authored the Court’s opinion. Justice Jackson provided...

NCLA Asks Court to Stop DOL’s Illegal Undermining of Longstanding Wage and Overtime Exemption

Washington, DC (June 12, 2024) – Today, the New Civil Liberties Alliance filed a brief in Flint Avenue v. Department of Labor urging the U.S. District Court for the Northern District of Texas to grant a stay or preliminary injunction halting an unconstitutional new DOL rule. The rule sets a salary-based standard for determining whether...

In NCLA Amicus Win, Tenth Circuit Clears Path to Toppling Intrusive Dog Kennel Inspection Regime

Washington, DC (June 11, 2024) – The U.S. Court of Appeals for the Tenth Circuit has reversed a district court decision in Johnson v. Smith that upheld a Kansas state law authorizing intrusive warrantless searches for dog training and handling businesses. The New Civil Liberties Alliance filed an amicus curiae brief explaining that the warrantless-search...

In NCLA Amicus Win, Fifth Circuit Topples SEC’s Unlawful Effort to Regulate Private Funds

Washington, DC (June 5, 2024) – Today, the U.S. Court of Appeals for the Fifth Circuit issued a decision in National Association of Private Fund Managers v. Securities and Exchange Commission vacating SEC’s recent final rule restricting—and in some cases prohibiting—certain common contractual agreements between private investment funds and investment advisers. Following the New Civil...

NCLA’s King George III Prize Recognizes Cardona and Mayorkas as the Worst Civil Liberties Violators

Washington, DC (June 5, 2024) – The polls are closed and the Administrative State’s biggest civil liberties abusers are Secretary of Education Miguel Cardona and Homeland Security Secretary Alejandro Mayorkas! After a weeks-long public vote as part of the New Civil Liberties Alliance’s Fourth Annual “King George III Prize,” Cardona and Mayorkas garnered the most...

NCLA Suit Fights DOL’s Unlawful Undermining of Longstanding Wage and Overtime Exemption

Washington, DC (June 4, 2024) – The New Civil Liberties Alliance has filed a Complaint challenging an unconstitutional new rule from the Department of Labor (DOL) that sets a salary standard for determining whether “white collar” employees are exempt from Fair Labor Standards Act (FLSA) minimum wage and overtime requirements. The new regulation prevents employers,...

In NCLA Amicus Win, Supreme Court Revives NRA’s First Amendment Lawsuit Against NY Official

Washington, DC (May 30, 2024) – Today, the U.S. Supreme Court unanimously ruled in NRA v. Vullo that the National Rifle Association plausibly accused New York Department of Financial Services Superintendent Maria Vullo of violating its rights to free speech and association. In so doing, it reversed a panel of the U.S. Court of Appeals...

NCLA Asks Court to Halt SEC’s Unauthorized and Unlawful Mass Data Collection Regime

Washington, DC (May 28, 2024) – The New Civil Liberties Alliance has filed a motion asking the U.S. District Court for the Western District of Texas for a stay and preliminary injunction in Davidson, Restivo, and NCPPR v. Gensler to halt the Securities and Exchange Commission’s “Consolidated Audit Trail.” The unconstitutional CAT is the largest...

NCLA Tells Department of Education Its Newest Student Loan Debt Cancellation Plan Is Unlawful

Washington, DC (May 17, 2024) – Today, the New Civil Liberties Alliance submitted comments urging the U.S. Department of Education to abandon its latest proposed rule that would unconstitutionally cancel $147 billion of federal student loan debt owed to the Treasury by an estimated 27.6 million borrowers. The plan even proposes to bestow about $19...

In NCLA Amicus Win, and FTC Amicus Loss, Second Circuit Upholds Decision Dismissing Antitrust Suit

Washington, DC (May 13, 2024) – Today the U.S. Court of Appeals for the Second Circuit unanimously upheld a district court decision dismissing the In re Bystolic antitrust lawsuit over reverse payments. The New Civil Liberties Alliance encouraged this outcome in its amicus curiae brief supporting the Defendants, but the Federal Trade Commission filed an...

NCLA Plans to Sue CPSC over Comm’r Trumka’s Illegal Efforts to Stop Sales of Weighted Sleep Sacks

Washington, DC (May 9, 2024) – Today, the New Civil Liberties Alliance sent a formal letter notifying the U.S. Consumer Product Safety Commission (CPSC) of its intent to file suit against the agency for Commissioner Richard Trumka’s violating NCLA client Dreamland Baby Co.’s constitutional and statutory rights. Dreamland creates infant and toddler products. Commissioner Trumka issued disparaging statements...

NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship

Washington, DC (May 7, 2024) – Today, the U.S. District Court for the Eastern District of Texas denied nearly all of the government’s motion to dismiss NCLA’s lawsuit, The Daily Wire, The Federalist, Texas v. State Dept., which alleges massive violations of free speech and press rights. The Court also granted NCLA’s request for expedited discovery and rejected the government’s request to...

NCLA Asks Appeals Court to Stop SEC’s Unconstitutional New Climate Disclosure Rules

Washington, DC (April 29, 2024) – Today, the New Civil Liberties Alliance filed a petition with the U.S. Court of Appeals for the Third Circuit requesting review of the Securities and Exchange Commission’s new rules that would require public companies to disclose their climate-related business risks and mitigation procedures. SEC has exceeded its statutory authority by making these...

NCLA Amicus Brief Asks Ninth Circuit to Stop Bureau of Land Management from Writing Criminal Laws

Washington, DC (April 26, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in U.S. v. Pheasant, urging the U.S. Court of Appeals for the Ninth Circuit to affirm a decision barring the Bureau of Land Management (BLM) from wielding legislative power to criminalize activity on public lands. Gregory Pheasant was charged with three violations of...

NCLA Lawsuit Seeks to Set Aside the Department of Labor’s Unlawful New Independent Contractor Rule

Washington, DC (April 26, 2024) – The New Civil Liberties Alliance has filed a Complaint in the U.S. District Court for the District of New Mexico, challenging the U.S. Department of Labor’s vague new independent contractor rule. Promulgated earlier this year, the rule distorts the standard for determining if someone hired by a company can be classified as...

NCLA Amicus Brief Tells D.C. Circuit It Must Avoid Remanding Regulations Without Vacating Them

Washington, DC (April 22, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in Cigar Association of America v. FDA, urging the U.S. Court of Appeals for the District of Columbia Circuit to reject the “remand without vacatur” legal doctrine. This dubious practice allows administrative agencies to continue enforcing rules the court has just declared unlawful....

NCLA Amicus Brief Asks Fourth Circuit to Nix FINRA’s Unlawful ‘Private’ Enforcement Sanctions

Washington, DC (April 22, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief asking the U.S. Court of Appeals for the Fourth Circuit to set aside the U.S. Securities and Exchange Commission’s partial affirmance of a sanction the Financial Industry Regulatory Authority (FINRA) illegally imposed on a North Carolina securities firm and its principal owner....

NCLA Unleashes Lawsuit to Take Down SEC’s Illegal Mass Data Collection Machine

Washington, DC (April 16, 2024) – Today, the New Civil Liberties Alliance launched a Complaint against the Securities and Exchange Commission (SEC) challenging the agency’s unconstitutional “Consolidated Audit Trail.” The CAT is the largest government-mandated mass collection of personal financial data in American history. Without any statutory authority, SEC is forcing brokers, exchanges, clearing agencies and alternative trading...

NCLA Asks Ninth Circuit to Overturn SEC’s Illegal Gag Rule on Targets of Settled Enforcement Cases

Washington, DC (March 29, 2024) – The New Civil Liberties Alliance has filed a petition with the U.S. Court of Appeals for the Ninth Circuit to review the Securities and Exchange Commission’s denial of our long-standing petition to amend the agency’s “Gag Rule.” In place for over five decades, this pernicious rule forbids every American who settles a regulatory enforcement...

NCLA Fights Delegation of Government Power to Public Company Accounting Oversight Board

Washington, DC (March 27, 2024) – Today, the New Civil Liberties Alliance filed a Complaint urging the U.S. District Court for the Southern District of Texas to declare that the Public Company Accounting Oversight Board is a private entity unlawfully exerting government power. The unconstitutionally structured Board exercises sweeping legislative, executive, and pseudo-judicial power bestowed by the Sarbanes-Oxley...

NCLA Asks Supreme Court to Resolve Circuit Split over Standing in Social Media Censorship Cases

Washington, DC (March 27, 2024) – The New Civil Liberties Alliance has petitioned the U.S. Supreme Court for a writ of certiorari in Changizi, et al. v. HHS, a lawsuit combating the government’s unconstitutional assault on freedom of speech. NCLA’s petition asks the Court to resolve a circuit split between the Fifth and Sixth Circuits on what plaintiffs must show to...

NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules

Washington, DC (March 22, 2024) – The New Civil Liberties Alliance has filed an opening brief in National Center for Public Policy Research v. SEC urging the en banc U.S. Court of Appeals for the Fifth Circuit to set aside Nasdaq’s unconstitutional “Board Diversity Rules,” which SEC promulgated without statutory authority. These Rules impose gender, race and sexual orientation quotas on corporate...

Supreme Court Hears Oral Argument in Pivotal NCLA Case Against Gov’t Social Media Censorship

Washington, DC (March 18, 2024) – Today, the Supreme Court heard oral argument in the New Civil Liberties Alliance’s Murthy v. Missouri case, considering whether to uphold a historic preliminary injunction granted by the U.S. Court of Appeals for the Fifth Circuit. The injunction, temporarily stayed by the Court, would bar officials from the White House, CDC,...

NCLA Demands Trial to Prove Ex-Professor’s Case Against Cornell’s Title IX Kangaroo Court

Washington, DC (March 14, 2024) – The New Civil Liberties Alliance has filed a brief opposing summary judgment in its client Dr. Mukund Vengalattore’s lawsuit alleging that Cornell University’s biased and faulty sexual misconduct investigation discriminated against him in violation of Title IX and defamed him. Dr. Vengalattore was a tenure-track Cornell University physics professor when a former...

NCLA Asks Supreme Court to Revisit 120-year-old Precedent that Led to Rights Abuses Amid Pandemic

Washington, DC (March 11, 2024) – On behalf of clients Jeanna Norris, Kraig Ehm, and D’Ann Rohrer, the New Civil Liberties Alliance has petitioned the Supreme Court to hear Norris, et al. v. Stanley, et al. regarding Michigan State University’s unlawful and unscientific Covid-19 vaccine mandate. MSU fired two of NCLA’s three clients, all of whom had naturally acquired immunity to Covid, for...

NCLA Asks Sixth Circuit to Free FINRA Hostage from SEC’s ‘Hotel California’ Adjudication Regime

Washington, DC (March 7, 2024) – The New Civil Liberties Alliance has petitioned the U.S. Sixth Circuit Court of Appeals for a writ of mandamus to force the U.S. Securities and Exchange Commission to stop delaying its ruling on our client Eric S. Smith’s appeal of an unlawful Financial Industry Regulatory Authority disciplinary decision. FINRA banned Mr. Smith from the...

New NCLA Lawsuit Exposes Public Company Accounting Oversight Board’s Star Chamber Proceedings

Washington, DC (March 5, 2024) – Today, the New Civil Liberties Alliance filed a Complaint in the U.S. District Court for the Middle District of Tennessee challenging the Public Company Accounting Oversight Board’s (PCAOB) secret, unaccountable, and inherently biased prosecutorial processes. PCAOB has investigated and brought a secret prosecution aiming to brand NCLA’s client a wrongdoer, strip away...

NCLA Advises Supreme Court to Hear Case Against PA Ethics Rule’s Viewpoint-Based Discrimination

Washington, DC (March 4, 2024) – Late Friday, the New Civil Liberties Alliance filed an amicus curiae brief in Greenberg v. Lehocky, asking the Supreme Court to hear this important First Amendment case. NCLA’s brief encourages the Court to recognize that lawyers whose speech is chilled by Rule 8.4(g) of Pennsylvania’s Rules of Professional Conduct have standing to bring a...

NCLA Persuades Energy Dept. to Halt Unlawful Emergency Demand for Cryptocurrency Mining Data

Washington, DC (March 1, 2024) – Today, the New Civil Liberties Alliance settled with the Department of Energy (DOE) and the Energy Information Administration (EIA) to formally end an attempt to force cryptocurrency mining companies to hand over sensitive information about their operations through a mandatory Cryptocurrency Mining Facilities Survey. NCLA alleged that the Office of Management and...

NCLA Brief Asks High Court to Restore Law Forbidding Congress from Divesting Legislative Power

Washington, DC (March 1, 2024) – Last night, the New Civil Liberties Alliance filed an amicus curiae brief at the Supreme Court in Allstates Refractory Contractors LLC v. Su, challenging the Occupational Safety and Health (OSH) Act of 1970, which divested lawmaking power to the Occupational Safety and Health Administration. The OSH Act unlawfully grants OSHA untrammeled legislative power by...

NCLA Amicus Brief Asks U.S. Supreme Court to Reject NLRB-Specific Preliminary Injunction Standard

Washington, DC (February 28, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief at the Supreme Court in Starbucks Corp. v. McKinney, a case challenging a deferential legal standard that allows the National Labor Relations Board to enjoin a company’s conduct without showing that it likely broke the law. Instead, NLRB can initiate an administrative enforcement...

Supreme Court Hears Oral Argument in NCLA’s Cargill Case Against ATF’s Unilateral Bump Stock Ban

Washington, DC (February 28, 2024) – Today, former Texas Solicitor General Jonathan Mitchell presented oral argument to the Supreme Court in the New Civil Liberties Alliance’s Garland v. Cargill case, demonstrating that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF’s regulatory ban, which the U.S. Court of Appeals...

NCLA Wins Order Blocking Dep’t of Energy’s Unlawful Demand for Cryptocurrency Mining Data

Washington, DC (February 23, 2024) – Today, the U.S. District Court for the Western District of Texas granted a Temporary Restraining Order (TRO) in the New Civil Liberties Alliance’s new Texas Blockchain Council v. Dept. of Energy lawsuit. The 14-day TRO blocks DOE and the Energy Information Administration (EIA) from forcing cryptocurrency mining companies to hand over sensitive information about...

NCLA Suit Challenges DOE’s Unlawful Attempt to Collect Cryptocurrency Miners’ Energy Use Data

Washington, DC (February 23, 2024) – The New Civil Liberties Alliance has filed a Complaint and TRO on behalf of the Texas Blockchain Council and Riot Platforms, Inc. to stop the Department of Energy (DOE) and Energy Information Administration (EIA) from forcing cryptocurrency mining companies to hand over sensitive information about their electricity consumption through a mandatory survey. The Office...

En Banc Fifth Circuit Will Hear NCLA Lawsuit Against Legally Defective Nasdaq Board Diversity Rules

Washington, DC (February 20, 2024) – The U.S. Court of Appeals for the Fifth Circuit has agreed to an en banc rehearing of the New Civil Liberties Alliance’s National Center for Public Policy Research v. SEC lawsuit challenging “Board Diversity Rules” that SEC promulgated without statutory authority. These rules impose race, gender, and sexual orientation quotas on corporate board membership...

NCLA Secures Truce in Federal Trade Commission’s Unjust War Against Startup Company

Washington, DC (February 16, 2024) – The New Civil Liberties Alliance has reached an agreement with the Federal Trade Commission terminating the agency’s lawsuit against our clients, Precision Patient Outcomes, Inc. (PPO), a California-based company that develops dietary supplements, and against its CEO, Margrett Lewis. The Order signed by the court in FTC v. PPO is extraordinary in...

NCLA Amicus Brief Exposes Fatal Constitutional Flaws in SEC’s Illegal Mass Data Collection Regime

Washington, DC (February 15, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in American Securities Association v. Securities and Exchange Commission, urging the U.S. Court of Appeals for the Eleventh Circuit to set aside an SEC order requiring financial industry broker-dealers to fund a “Consolidated Audit Trail” (CAT) that Congress never authorized. Unless the Court intervenes to...

NCLA Amicus Brief Calls on en Banc Fifth Circuit to Rein in CPSC’s Unaccountable Power Structure

Washington, DC (February 14, 2024) – The New Civil Liberties Alliance has filed an amicus curiae brief asking the U.S. Court of Appeals for the Fifth Circuit to rehear the case of Consumers’ Research v. CPSC en banc in order to decide whether CPSC’s structure is unconstitutional. CPSC Commissioners unquestionably wield executive power, yet the President cannot remove them at will. The en...

Amici Support NCLA’s Stance at Supreme Court in Major Social Media Censorship Injunction Case

Washington, DC (February 12, 2024) – Forty-five Members of Congress, 16 states, state legislators, former government officials, journalists, attorneys, media personalities, academics, activist groups and research organizations have filed 27 amici curiae briefs supporting the New Civil Liberties Alliance’s position in Murthy v. Missouri against government-directed censorship. NCLA is asking the Supreme Court to uphold a preliminary injunction granted by...

NCLA Asks Supreme Court to Permit Equitable Tolling of Statutory Deadlines to Thwart Agency Deceit

Washington, DC (February 9, 2024) – Today, the New Civil Liberties Alliance filed a petition for a writ of certiorari, urging the U.S. Supreme Court to hear Metal Conversion Techs. v. DOT and decide that courts can equitably toll statutory deadlines to forestall agencies from tricking their enforcement targets. Metal Conversion Technologies, LLC (Metal Conversion) is a family-owned company that the...

NCLA Seeks Injunction to Halt U.S. State Department-Funded Censorship of Domestic Speech & Press

Washington, DC (February 7, 2024) – The New Civil Liberties Alliance has filed a motion seeking a preliminary injunction from the U.S. District Court for Eastern District of Texas to stop one of the most egregious violations of free speech and free press rights in history. The U.S. State Department has funded the development, testing, and marketing of...

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