Press Releases
D.C. Court’s Refusal to Enjoin Bump Stock Final Rule Underscores the Problem with Chevron Deference NCLA believes courts must apply the rule of lenity instead
WASHINGTON, DC (February 28, 2019)—On Monday U.S. District Judge Dabney L. Friedrich rejected preliminary injunction requests in a pair of consolidated lawsuits, Guedes v. ATF and Correa v. Barr, seeking to block the Bump Stock-type Devices Final...
read moreSec. Toulouse-Oliver Delays Merits of Case With a Motion to Stay in NCLA’s Petition for Writ of Mandamus
WASHINGTON, DC, February 1, 2019 — Secretary of State Toulouse Oliver filed a Motion to Stay the Proceedings in the Supreme Court today while, in her words, “the legislature considers legislation with a direct bearing on the claims at issue” in this case. NCLA filed...
read moreTime for SCOTUS to Stop Deferring to Federal Agencies
WASHINGTON, DC, January 31, 2019— The New Civil Liberties Alliance today filed an amicus curiae brief before the U.S. Supreme Court in the Kisor v. Wilkie case. Although the facts of the case involve a dispute over veterans’ benefits, the question before the Court is...
read moreNCLA Submits Comment in Objection to Proposed ED Rule
WASHINGTON, DC, January 31, 2019 — The New Civil Liberties Alliance (NCLA) today submitted a Comment to the Department of Education’s proposed rule, Nondiscrimination on the Basis of Sex in the Education Programs or Activities Receiving Federal Financial Assistance....
read moreNCLA Marks One-Year Anniversary of DOJ’s ‘Brand Memo’ with Avalanche of Anti-Guidance Petitions
WASHINGTON, DC, Jan. 25, 2019 -- The New Civil Liberties Alliance today filed half a dozen Petitions for Rulemaking taking issue with the abusive, shortcut manner in which federal departments and agencies issue regulatory guidance. The Petitions ask each named...
read moreNCLA: The Bump Stock Buck Must Stop with Congress, Not the President
WASHINGTON, DC, Jan. 17, 2019 -- Firearms instructor W. Clark Aposhian of Utah is a law-abiding citizen, but under the "Bump-Stock-Type Devices" Final Rule, on March 26th, he will become a felon subject to a 10-year prison sentence unless he destroys or surrenders his...
read moreNCLA Stands With Cato And IJ In Federal Lawsuit Against the SEC
WASHINGTON, DC, January 10, 2019 — The New Civil Liberties Alliance supports and commends the legal action taken by the Cato Institute and the Institute for Justice against the U.S. Securities and Exchange Commission’s unconstitutional ‘gag rule.’ In the federal...
read moreNew Mexico’s Secretary of State Tries to Veto Governor’s Veto
WASHINGTON, DC, Dec. 20, 2018 -- The New Civil Liberties Alliance today filed a Petition for a Writ of Mandamus with the Supreme Court of New Mexico. The Petition asks the Justices to vacate New Mexico's 2017 "Campaign Finance Rule" (CFR) because it violates the...
read moreNCLA: Proposed ‘Drug Pricing Rule’ Gives Centers for Medicare and Medicaid Services Unwarranted Authority
WASHINGTON, DC, Dec. 17, 2018 -- The New Civil Liberties Alliance today submitted a Comment in response to a Proposed Rule from the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS). The so-called Drug Pricing Rule would...
read moreNCLA Commends Senator Tom Cotton for Bringing a Decades-Old SEC “Gag” Rule to Light
WASHINGTON, DC, December 11, 2018-- Senator Tom Cotton pulled no punches in today’s Banking Committee Hearing on Capitol Hill when questioning SEC Chairman Jay Clayton about an unconstitutional 1972 SEC "Gag" Rule that the agency has used for decades to silence...
read moreNCLA Files Suit Over Unconstitutional SEC Appointees
WASHINGTON, DC, Nov. 29, 2018 -- The New Civil Liberties Alliance, a nonprofit civil-rights organization and public-interest law firm, has filed a complaint seeking declarative and injunctive relief against the U.S. Securities and Exchange Commission in the U.S....
read moreDeference to Commentary to the U.S. Sentencing Guidelines Must Stop
WASHINGTON, DC, November 26, 2018--The New Civil Liberties Alliance, a nonprofit civil-rights organization and public-interest law firm, filed an amicus brief supporting a petition for rehearing en banc in the case of United States v. Jeffery Havis before the U.S....
read moreNCLA Files Petition with SEC to Amend Truth-Suppressing ‘Gag’ Rule
WASHINGTON, DC, Oct. 30, 2018 -- The New Civil Liberties Alliance (NCLA) today filed a petition asking the U.S. Securities and Exchange Commission to amend its controversial "Gag" Rule, 202.5(e). Adopted in 1972, SEC uses its Gag Rule to require settling parties to...
read moreNCLA Sues City of Coral Gables, Florida Calling Its Use of Automated License Plate Readers ‘Nakedly Unconstitutional’
WASHINGTON, DC, Oct. 23, 2018 -- The New Civil Liberties Alliance (NCLA) filed a lawsuit against the City of Coral Gables, Florida; the Florida Department of State (FDOS); and the Florida Department of Law Enforcement (FDLE), on behalf of Gables resident Raúl Mas...
read moreNCLA: The U.S. Ninth Circuit Court of Appeals Must Not Allow California’s Attorney General to Turn Back the Clock on Civil Rights in America
WASHINGTON, DC, Oct. 5, 2018 -- The New Civil Liberties Alliance (NCLA) today filed an amicus curiae brief asking the entire U.S. Court of Appeals for the Ninth Circuit to rehear the recent decision in Americans for Prosperity Foundation v. Becerra concerning the...
read moreNew Civil Liberties Alliance (NCLA) Tells Bureau of Consumer Financial Protection (BCFP): “Your Guidance Is Misguided”
WASHINGTON, DC, July 3, 2018 -- In response to BCFP's Request for Information regarding its use of guidance, NCLA filed comments yesterday strongly rebuking the Bureau for its egregious abuse of guidance to effectively create new law without following statutory and...
read moreNew Civil Liberties Alliance to Supreme Court: “Don’t let the Attorney General write criminal laws”
WASHINGTON, DC, June 1, 2018— The Constitution vests all legislative powers in Congress, and thus bars Congress from splitting its authority with an unelected executive official. Nonetheless, when Congress in 2006 wrote the rules for registration of sex offenders in...
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