Press Releases

NCLA Asks Supreme Court to Rope in Horseracing Authority’s Unconstitutional Executive Power

Washington, DC (November 14, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief urging the U.S. Supreme Court to hear Walmsley, et al. v. Federal Trade Commission, et al. and eliminate the private Horseracing Integrity and Safety Authority’s unfettered regulatory enforcement power over the horseracing industry. Congress passed the Horseracing Integrity...

NCLA Challenges WA Dept. of Fish and Wildlife’s Illegal 24-Hour Surveillance of Crabbing Boats

Washington, DC (November 14, 2024) – The New Civil Liberties Alliance has filed a lawsuit against the Washington Department of Fish and Wildlife’s Electronic Monitoring Program using GPS technology to constantly track the location and movements of every state-licensed boat that fishes for Coastal Dungeness Crab, whether they are crabbing or not. The Department sustains...

NCLA Amicus Brief Asks Fifth Circuit to Overturn Currency Comptroller’s Violation of Jury Trial Rights

Washington, DC (November 12, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief urging the U.S. Court of Appeals for the Fifth Circuit to hear Ortega & Rogers v. Office of the Comptroller of the Currency (OCC). NCLA asks the Fifth Circuit to overturn an OCC decision punishing former Texas bank...

NCLA Wins Further Discovery in Historic Suit Against Government’s Censorship Industrial Complex

Washington, DC (November 8, 2024) – Today, the U.S. District Court for the Western District of Louisiana granted the New Civil Liberties Alliance’s request for further jurisdictional discovery in the landmark Missouri v. Biden lawsuit against government-induced social media censorship. In June, the Supreme Court vacated the preliminary injunction in the case (called Murthy v. Missouri...

NCLA Asks Second Circuit to Rule Against HHS’s Coercive Medicare Drug Price ‘Negotiation’ Program

Washington, DC (November 8, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief with the U.S. Court of Appeals for the Second Circuit in Boehringer Ingelheim Pharmaceuticals v. Department of Health & Human Services (HHS). NCLA urges the Second Circuit to rule it is unlawful for HHS to hold a company’s business hostage until it...

After Supreme Court Win, NCLA Convinces District Court to Vacate ATF’s Unlawful Bump-Stock Ban

Washington, DC (November 4, 2024) – Today, the U.S. District for the Western District of Texas amended its final judgment for New Civil Liberties Alliance client Michael Cargill to vacate the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral Final Rule banning bump stocks. NCLA had persuaded the U.S. Supreme Court to rule in June...

NCLA Sues to Stop USDA’s Illegal, Unnecessary Rule Mandating Electronic Eartags for Cattle and Bison

Washington, DC (October 31, 2024) – The New Civil Liberties Alliance has filed a Complaint against the U.S. Department of Agriculture (USDA) and its Animal and Plant Health Inspection Service’s (APHIS) unlawful new rule requiring electronically readable (EID) eartags for certain cattle and bison transported across state lines, rather than long-used visual tags. Representing ranchers,...

NCLA Asks Court to Uphold Suit Against San Antonio’s Illegal Firing of Poet for Free Speech

Washington, DC (October 28, 2024) – The New Civil Liberties Alliance has filed a brief urging the U.S. District Court for the Western District of Texas not to dismiss NCLA client Nephtali De León’s claims against the City of San Antonio and official Krystal Jones for defamation and violating free speech rights. The City unjustly fired...

In NCLA Amicus Win, Fifth Circuit Vacates Order for Elon Musk to Delete X Post About Labor

Washington, DC (October 28, 2024) – The en banc U.S. Court of Appeals for the Fifth Circuit has vacated a National Labor Relations Board (NLRB) order requiring Tesla CEO Elon Musk to delete a post he issued using his personal X (formerly Twitter) account, ruling that the order violated the First Amendment. NLRB based its...

NCLA Asks Eighth Circuit to Stop Education Dept.’s Latest Illegal Plot to Cancel Student Loan Debt

Washington, DC (October 1, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in Missouri, et al. v. Biden urging the U.S. Court of Appeals for the Eighth Circuit to affirm its panel’s earlier preliminary injunction stopping the Department of Education’s “SAVE” plan. The Biden Administration plan rewrites the 1993 amendments to...

NCLA Pushes Court to Reel in Unlawful Fishery Monitoring Rule After Supreme Court Sinks Chevron Deference

Washington, DC (September 27, 2024) – The New Civil Liberties Alliance has filed a Supplemental Brief urging the court to vacate the Industry-Funded Monitoring (IFM) Omnibus Amendment, issued by the New England Fishery Management Council (NEFMC) and applied to nearly all fisheries in the region. Implemented by the National Oceanic and Atmospheric Administration’s (NOAA) February 2020...

“Judge Newman Fit to Judge,” Reports Harvard-Trained Neurosurgeon Expert

Washington, DC (September 24, 2024) – Dr. Aaron G. Filler, MD, PhD, JD confirms Judge Newman is fully fit to perform the duties of the office to which she has been confirmed by the Senate and appointed by the President. Dr. Filler is a world-renowned neurosurgeon and inventor, trained at the University of Chicago and Harvard...

NCLA Demands Further Discovery in Historic Suit Against Government’s Censorship Industrial Complex

Washington, DC (September 18, 2024) – The New Civil Liberties Alliance has filed a brief in response to an order of the U.S. District Court for the Western District of Louisiana, urging the court not to dismiss Missouri v. Biden and requesting further discovery in this landmark lawsuit against government-induced social media censorship. In June,...

NCLA Suit Demands End to Gov’t Censorship of Support Groups for Victims of Covid Vaccine Injuries

Washington, DC (September 13, 2024) – The New Civil Liberties Alliance has filed an Amended Complaint in the Dressen, et al. v. Flaherty, et al. lawsuit against the federal government’s ongoing efforts to collude with social media companies to monitor and censor online support groups for those injured by Covid vaccines. This censorship campaign has...

NCLA Asks Fifth Circuit to Return Erroneously Transferred Lawsuit Against PCAOB to Texas Court

Washington, DC (September 12, 2024) – Today, the New Civil Liberties Alliance petitioned the U.S. Fifth Circuit Court of Appeals for a writ of mandamus to help return its anonymous client John Doe Corporation’s lawsuit against the Public Company Accounting Oversight Board to the U.S. District Court for the Southern District of Texas. NCLA filed...

NCLA Secures Trial in Ex-Professor’s Case Against Cornell’s Title IX Kangaroo Court

Washington, DC (September 10, 2024) – Today, the U.S. District Court for the Northern District of New York denied Cornell University’s effort to avoid a trial in New Civil Liberties Alliance client Dr. Mukund Vengalattore’s lawsuit alleging that Cornell’s biased and faulty sexual misconduct investigation discriminated against him in violation of Title IX. Dr. Vengalattore was...

NCLA Asks Supreme Court to Repair (or Abolish) Fatally-Flawed Qualified Immunity Doctrine

Washington, DC (September 6, 2024) – The New Civil Liberties Alliance has filed an amicus curiae brief urging the U.S. Supreme Court to hear Desiree Martinez v. Channon High. NCLA urges the Justices to reexamine the modern qualified immunity doctrine and abolish the atextual, ahistorical standard for qualified immunity that requires violations of the law to...

NCLA Asks Third Circuit to Eliminate Unlawful DOT Penalty After Landmark Jarkesy Ruling

Washington, DC (September 5, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in Axalta Coating Systems v. Department of Transportation asking the U.S. Court of Appeals for the Third Circuit to vacate an illegal civil penalty order issued by an agency official in a juryless proceeding. The Supreme Court’s June...

NCLA Asks D.C. Circuit to Scrub NOAA’s at-Sea Monitor Rule After Toppling Chevron Deference

Washington, DC (September 5, 2024) – On behalf of its clients Relentless Inc., Huntress Inc. and SeaFreeze Fleet LLC, the New Civil Liberties Alliance has filed an amicus curiae brief with the U.S. Court of Appeals for the D.C. Circuit in Loper Bright Enterprises v. Raimondo. Alongside NCLA’s Relentless Inc. v. Dept. of Commerce lawsuit, this...

NCLA Suit Demands NIH Change PubMed Name-Change Policy that Harms Women Authors in Science

Washington, DC (August 28, 2024) – Today, the New Civil Liberties Alliance filed a Complaint in the U.S. District Court for the Southern District of New York in Reyngold v. NIH, aimed at forcing the National Institutes of Health and the National Library of Medicine to allow all versions of scientific researchers’ names to appear in...

Powerful Amici Briefs Endorse NCLA Suit Against SEC’s Unauthorized and Illegal Mass Data Dragnet

Washington, DC (August 26, 2024) – Nineteen states, current and former government officials, research organizations, advocacy groups, and litigators have filed seven forceful amici curiae briefs in support of NCLA’s lawsuit seeking to block the Securities and Exchange Commission’s unlawful “Consolidated Audit Trail”—or “CAT”—program. The CAT is the largest government-mandated mass collection of personal financial...

NCLA Fights SEC’s Unconstitutional “Rubber-Stamp” Follow-on Enforcement Proceedings

Washington, DC (August 21, 2024) – Today, the New Civil Liberties Alliance filed a Complaint in the U.S. District Court for the District of Columbia challenging the Securities and Exchange Commission’s illegitimate “follow-on” enforcement proceeding against Rev. Fr. Emmanuel Lemelson, an ordained Greek Orthodox priest and activist investor. A Massachusetts federal jury in 2021 rejected nearly...

NCLA Seeks to Halt FDIC’s Attempted Illegal Prosecution of Enforcement Target Without Jury Trial

Washington, DC (August 19, 2024) – The New Civil Liberties Alliance has filed a Complaint urging the U.S. District Court for the District of Columbia to stop the Federal Deposit Insurance Corporation (“FDIC”) from keeping our client, John C. Ponte, trapped in an unlawful administrative enforcement proceeding. Mr. Ponte is neither a banker nor does...

Seven Supreme Court Victories Underscore NCLA’s Success in Limiting Unlawful Administrative Power

Washington, DC (Summer 2024) – The New Civil Liberties Alliance achieved truly historic results at the U.S. Supreme Court this past term. Representing courageous clients in three pivotal cases and scoring major victories before the high court in five amicus cases, NCLA advanced the civil liberties of Americans nationwide, moved the country in a more constitutional...

NCLA Asks Court to Uphold Suit, Stop SEC’s Unauthorized and Unlawful Mass Data Dragnet

Washington, DC (August 16, 2024) – The New Civil Liberties Alliance has made the latest key filing in its Davidson, Restivo, NCPPR v. Gensler, et al. lawsuit, which seeks to block the Securities and Exchange Commission’s unlawful “Consolidated Audit Trail” program—also known as the “CAT.” NCLA’s clients are suing SEC and CAT LLC, the company...

District Court Orders ATF to Return NCLA Client’s Bump Stock After Supreme Court Win

Washington, DC (August 14, 2024) – The U.S. District Court for the District of Utah has granted the New Civil Liberties Alliance’s request for summary judgment in Aposhian v. Garland, NCLA’s original case challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban. Citing the Supreme Court’s historic June ruling against the ban...

NCLA Asks CA Supreme Court to Clarify State’s Nondelegation Doctrine in Wake of Pandemic Abuse

Washington, DC (August 12, 2024) – Today, the New Civil Liberties Alliance sent an amicus curiae letter asking the Supreme Court of California to hear Ghost Golf, Inc. v. Newsom and restore clear standards for applying the California Constitution’s nondelegation doctrine. The Emergency Services Act (ESA) allows the Governor to unilaterally declare a state of...

NCLA Asks Court to End DOL’s Illegal Power Grab, Overturn Wage and Overtime Exemption Rule

Washington, DC (August 8, 2024) – The New Civil Liberties Alliance has requested summary judgment in Flint Avenue v. Department of Labor, urging the U.S. District Court for the Northern District of Texas to vacate a new rule that exceeds DOL’s statutory authority. The Final Rule sets a $58,656 minimum-salary requirement for determining whether “white...

In NCLA Amicus Win, Federal Circuit Revives Lawsuit Against CDC’s Illegal Eviction Moratorium

Washington, DC (August 7, 2024) – Today, the U.S. Court of Appeals for the Federal Circuit reversed a decision by the U.S. Court of Federal Claims that dismissed the Darby Development Company v. U.S. lawsuit against the Centers for Disease Control and Prevention’s nationwide eviction moratorium. The New Civil Liberties Alliance had filed an amicus...

NCLA Asks Federal Court to Vacate the Dept. of Labor’s Unlawful New Independent Contractor Rule

Washington, DC (August 5, 2024) – The New Civil Liberties Alliance has filed a motion for summary judgment in Colt & Joe Trucking v. U.S. Department of Labor, asking the U.S. District Court for the District of New Mexico to vacate DOL’s vague new independent contractor rule. Promulgated earlier this year, the rule distorts the...

NCLA Amicus Brief in NY Case Against Trump Explains Why NY’s Executive Law Violates Free Speech

Washington, DC (August 2, 2024) – Today, the New Civil Liberties Alliance, together with its founder Professor Philip Hamburger, filed an amicus curiae brief in New York v. Donald Trump. NCLA and Prof. Hamburger ask the First Appellate Department of the New York Supreme Court to hold unconstitutional, on First Amendment grounds, a statute that New...

NCLA Helping Acclaimed Chicano Poet Fight San Antonio’s Dismissal of Him in Free Speech Dispute

Washington, DC (August 2, 2024) – Today, the New Civil Liberties Alliance filed a Complaint against the City of San Antonio and city employee Krystal Jones for unlawfully firing accomplished Chicano writer, artist, and activist Nephtalí De León as the City’s poet laureate in violation of his protected free speech. The City unjustly terminated Mr. De...

NCLA Asks Tenth Circuit to Stop Education Dept.’s Latest Illegal Scheme to Cancel Student Loan Debt

Washington, DC (July 29, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in Alaska, South Carolina, and Texas v. Dept. of Education with the U.S. Court of Appeals for the Tenth Circuit. NCLA urges the Court to affirm and order the expansion of a preliminary injunction stopping the Department’s “SAVE” plan,...

In NCLA Amicus Win, Fifth Circuit Rules Against FCC’s Unlawful Control of Universal Service Fund

Washington, DC (July 24, 2024) – Today, the en banc U.S. Court of Appeals for the Fifth Circuit ruled in Consumers’ Research v. Federal Communications Commission that Congress unconstitutionally delegated legislative power by allowing FCC to create and control a system for extracting Americans’ money to finance the Universal Service Fund (USF). The New Civil...

NCLA Demands CPSC and Comr. Trumka Rescind False Statements Disparaging Weighted Sleep Sacks

Washington, DC (July 23, 2024) – Today, the New Civil Liberties Alliance sent a formal letter asking the U.S. Consumer Product Safety Commission to retract inaccurate and misleading statements by the agency and Commissioner Richard Trumka, which reflect adversely on our client Dreamland Baby Co.’s weighted sleep swaddles and blankets. This letter is a first...

NCLA Asks Third Circuit to Rule Against HHS’s Coercive Medicare Drug Price ‘Negotiation’ Program

Washington, DC (July 19, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief with the U.S. Court of Appeals for the Third Circuit in Bristol Myers Squibb Company v. Becerra. NCLA urges the Third Circuit to rule it is unlawful for the Department of Health and Human Services (HHS) to hold a...

NCLA Asks Supreme Court to Restore Presidential Control over “Independent” CPSC Commissioners

Washington, DC (July 18, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief urging the Supreme Court to hear Consumers’ Research v. Consumer Product Safety Commission, taking this golden opportunity to overturn the 1935 Humphrey’s Executor v. Federal Trade Commission decision and revamp CPSC’s unconstitutional structure. Under current law, the President supposedly...

NCLA Asks Supreme Court to Block Education Dept.’s Latest Illegal Scheme to Cancel Student Loan Debt

Washington, DC (July 16, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in Alaska, South Carolina, and Texas v. Dept. of Education, urging the Supreme Court to restore a preliminary injunction against the Department’s illegal “SAVE” plan for transferring $475 billion in student loan debt to taxpayers. The Department’s scheme rewrites...

Tenth Circuit Overturns NCLA Client’s Wrongful Conviction Under USFS Regulation for Instagram Post

Washington, DC (July 16, 2024) – Today, the U.S. Court of Appeals for the Tenth Circuit overturned New Civil Liberties Alliance client David Lesh’s criminal conviction for allegedly violating a regulation promulgated by the U.S. Forest Service (USFS). The Court ruled that the USFS regulation banning unauthorized “work activity or service” on USFS lands is impermissibly...

NCLA Asks Eighth Circuit to Reject Blanket Immunity for Federally Cross-Deputized State Police Officer

Washington, DC (July 15, 2024) – Today, the New Civil Liberties Alliance filed an amicus curiae brief in Mohamud v. Weyker before the U.S. Court of Appeals for the Eighth Circuit. NCLA urges the Court to rule that Americans maintain the right to pursue damages against state or local law enforcement officers who violate their constitutional...

NCLA Asks en Banc Sixth Circuit to Stop Unlawful Biden Scheme to Cancel Student Loan Debt

Washington, DC (July 1, 2024) – Today, the New Civil Liberties Alliance petitioned the en banc U.S. Sixth Circuit Court of Appeals to hear the Mackinac Center for Public Policy, Cato Institute v. Cardona case for halting the Department of Education’s illegal erasure of $39 billion of student loan debt and counting. The Department’s scheme has...

In NCLA Amicus Win, Supreme Court Upholds Small Business’s Right to Judicial Review

Washington, DC (July 1, 2024) – Today, U.S. Supreme Court revived Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling 6-3 that the six-year limit on challenging the rule had not yet expired for the North Dakota convenience store and truck stop when it filed suit. Corner Post did not exist until 2018, more than...

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...

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