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Acquitted Conduct and Sentencing Enhancements: Is a Change in Supreme Court Precedent Near?
January 27, 2022
It seems logical that a person acquitted of a crime cannot, and should not, serve time for that crime, but on the federal level, and in many states, that is not always the case. In criminal cases, an acquittal means that the government has failed to prove an essential…
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Fighting Back Against Runaway Regulators: A Story of Relentless Persistence
January 26, 2022
Industry regulating agencies could be impacting your next seafood feast! The Department of Commerce and the National Oceanic and Atmospheric Administration are forcing Atlantic herring fishermen to fund government-mandated monitors at sea. NCLA Senior Litigation Counsel John Vecchione moderates the discussion about the rule being challenged by NCLA in Relentless…
What Happens Next After Justice Breyer's Sudden Exit from SCOTUS
January 26, 2022
NCLA Executive Director Mark Chenoweth joins Real America's Voice to comment on Justice Breyer's sudden exit from the Supreme Court and the future nominee's potential impact on cases related to administrative power.
Don't Believe OSHA When It Threatens To Turn Its Rescinded Vaccine Mandate Into a Permanent Rule
January 26, 2022
...Since general public health measures are beyond OSHA's legal purview, the majority concluded, the businesses, employees, and states that challenged the ETS were likely to prevail in arguing that the agency had exceeded its statutory authority. Under the same reasoning, that would also be true of a permanent standard that…
First Amendment Claimants Deserve Their Day in Court
January 21, 2022
Photo: U.S. Senator Ted Cruz speaking with attendeesat the 2019 Teen Student Action Summit in Washington, D.C./Gage Skidmore McCain-Feingold, the campaign-finance legislation adopted by Congress in 2002, includes several provisions (known collectively as “the Millionaires’ Amendment”) designed to protect incumbent members of Congress facing very wealthy challengers. Among the provisions…
Djokovic Case Will Perpetuate the Worst Aspects of the Pandemic
January 15, 2022
...Civil liberties organisations are becoming increasingly concerned that this club will be brought out every flu season on the pretext of protecting society from an infection. The US-based New Civil Liberties Alliance has been running cases to challenge the health edicts imposed by government agencies. Litigation counsel at the alliance…
Lesh Sentenced to $10,000 Fine, 160 Hours of Public Service
January 12, 2022
A federal judge sentenced self-styled bad boy David Lesh to $10,000 in fines and 160 hours of useful public service Wednesday for his conviction on two petty offenses for illegally riding a snowmobile at a Keystone terrain park in April 2020... Read the full article
Supreme Court Must Strike Down Unconstitutional OSHA Vaccine-or-Test Mandate
January 11, 2022
NCLA Litigation Counsel Jenin Younes joins "National Report" on Newsmax to discuss the federal vaccine-or-test OSHA mandate that is likely to be struck down by the Supreme Court.
Eviction Moratorium Case Edges Closer to Supreme Court
January 11, 2022
A landlord group’s challenge to the City of Los Angeles’s long-running — and controversial — eviction moratorium has moved a step closer to a hearing before the Supreme Court... Read the full article