Cases

Kisor v. Wilkie Amicus Brief

SUMMARY OF THE ARGUMENT The Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional requirements for an independent judiciary. Article III gives federal judges life...

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Department of Education Comment

Re: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, Docket Number ED-2018-OCR-0064 Secretary DeVos: The New Civil Liberties Alliance (NCLA) submits the following commentary in response to the Department...

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Aposhian v. Whitaker Motion for Preliminary Injunction

I. RELIEF SOUGHT AND THE SPECIFIC GROUNDS FOR THE MOTION "Pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, Plaintiff, W. Clark Aposhian, moves for a preliminary injunction prohibiting Defendants, Matthew Whitaker, Acting Attorney General of the United...

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Aposhian v. Whitaker Complaint

PRELIMINARY STATEMENT "The U.S. Constitution vests “All legislative Powers” in the Congress and directs that the President “shall take Care that the Laws be faithfully executed … .” U.S. Const. art I, § 1, and art. II, § 3 (emphasis added). It is therefore a basic...

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Lucia v. SEC Respondents’ Reply Brief

I. DISCUSSION "A. This ALJ Cannot Avoid Violating Article II of the United States Constitution by Adopting the Division’s Statutory Interpretation. In the hopes of avoiding what it recognizes as a dire Article II problem that makes this proceeding unconstitutional,...

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Helterbran Cochran Motion for Ruling on the Pleadings

"In response to the October 2, 2018 Order issued by Administrative Law Judge Carol Fox Foelak, Respondent Michelle L. Helterbran Cochran objects to the reinstituted proceeding in this case. Ms. Helterbran moves for an order dismissing this matter, pursuant to Rule...

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DOT Petition for Rulemaking

I. INTRODUCTION "An extraordinary breach of New Mexico’s constitutional order lies at the heart of this case—a veto of a veto that effectively enacted law without a governor’s signature and without a veto override by the New Mexico State Legislature. This end-run...

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Lucia v. SEC Notice of Motion for Preliminary Injunction

"PLEASE TAKE NOTICE that on February 1, 2019, at 1:30 p.m., in Courtroom 13A of the United States District Court for the Southern District of California, located at 333 West Broadway, San Diego, California, 92101, Plaintiffs Raymond J. Lucia Companies, Inc. (RJL) and...

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Lucia v. SEC Motion for Preliminary Injunction

"Pursuant to Rule 65 of the Federal Rules of Civil Procedure, Plaintiffs Raymond J. Lucia Companies, Inc. (RJL) and Raymond J. Lucia, Sr. (Mr. Lucia) hereby move for a preliminary injunction enjoining Defendants from carrying out a reinstituted administrative...

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