Press Releases
NCLA Will Appeal Trial Judge’s Flawed Ruling that Bump Stocks Are “Machineguns” to Fifth Circuit
Washington, DC (November 25, 2020) – The U.S. District Court for the Western District of Texas rendered a decision on Tuesday in the case of Michael Cargill v. William Barr, et al., concluding that NCLA client Michael Cargill of Austin, Texas is not entitled to...
NLRB Ruling in FDRLST Twitter Joke Case Lacks Common Sense and Sense of Humor, Says NCLA
Washington, DC (November 25, 2020) – The New Civil Liberties Alliance will challenge a ruling by the National Labor Relations Board (NLRB) that upheld the decision of Administrative Law Judge Kenneth W. Chu in the case of Joel Fleming v. FDRLST Media, LLC. NLRB has...
NCLA Brief Asks DC Circuit to Stop FDA’s Improper Attempt to Regulate the Practice of Medicine
Washington, DC (November 24, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit supporting a challenge to a Final Rule issued by the Food and...
NCLA Keeps Fighting Against Gov. Murphy’s Unlawful Effort to Rewrite Every Residential Lease in NJ
Washington, DC (November 18, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a response to the State’s motion to dismiss in the U.S. District Court for the District of New Jersey in the case of Matthew Johnson, et al....
NCLA Exposes Unlawful Power of State and Federal Agencies in New Podcast: Administrative Static
Washington, DC (November 18, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights organization, has launchedAdministrative Static, an irreverent weekly legal affairs podcast that exposes unlawful aspects of administrative power. Podcast hosts, Mark Chenoweth, Executive Director and General Counsel, and John Vecchione, Senior Litigation Counsel, will decry federal and state agency abuses, trot out legal arguments, grill expert guests, and bandy about the latest cases and controversies.
NCLA Seeks Injunction Pending Appeal to Eleventh Circuit Court in Eviction Moratorium Case
Washington, DC (November 13, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a motion for injunction pending appeal in the U.S. Court of Appeals for the Eleventh Circuit in the case of Brown, et al. v. CDC, et al. NCLA is seeking to reverse an erroneous decision by the U.S. District Court for the Northern District of Georgia denying property owners’ motion for preliminary injunction.
Arkansas Supreme Court Agrees with NCLA Amicus Brief and Abandons Deference to State Agencies
Washington, DC (November 4, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights organization, commends the Arkansas Supreme Court’s decision to stop judges in the state from giving deference to the Department of Finance and Administration’s interpretations.
NCLA Clears Way for Mass. Small-Biz Owners to Receive COVID-19 Relief Grants
Washington, DC (November 3, 2020) – Thanks to the swift action of the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, small businesses in Massachusetts still struggling due to COVID-19 shutdowns and restrictions can now apply for a relief grant—even if the applicant is party to litigation involving the Commonwealth, city or town in which it operates.
Full Fifth Circuit Bench to Hear Constitutional Challenge to SEC’s Unlawful Administrative Proceedings
Washington, DC (October 30, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, is pleased to announce that the U.S. Court of Appeals for the Fifth Circuit has granted our petitionfor rehearing en banc in the case of Michelle Cochran v. U.S. Securities and Exchange Commission.
WATCH: NCLA’s Case Video Shows the CFPB’s “Knee-Buckling” Power to Punish Private Citizens
Washington, DC (October 30, 2020) – During the last three years, Crystal Moroney has been fighting a multi-headed beast called the Consumer Financial Protection Bureau (CFPB). The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group today released its latest video production featuring the case, Bureau of Consumer Financial Protection v. Law Offices of Crystal Moroney, P.C.
NCLA’s Comments on DOC Interim Final Rule Request Adding Explicit Judicial Review Mechanism
Washington, DC (October 29, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has submitted comments in response to the Department of Commerce’s (DOC) interim final rule, Promoting the Rule of Law Through Improved Agency Guidance Documents. In its comments, NCLA urges DOC to include an explicit judicial review provision in its final rule that would allow aggrieved parties to challenge the agency’s determination regarding a petition for review or modification.
NCLA Intervenes in Case on Behalf of MO Housing Providers Harmed by CDC Eviction Moratorium
Washington, DC (October 28, 2020) – The nationwide halt in residential evictions issued by the Centers for Disease Control and Prevention (CDC) last month is closing the courtroom doors to housing providers struggling to retake possession of their own properties. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a Motion to Intervene and a response in opposition to the plaintiff’s motion for preliminary injunction in the U.S. District Court for the Western District of Missouri in the case of KC Tenants v. David M. Byrn.
NCLA Files Joint Amicus Brief Asking Tenn. Federal Court to Stop CDC Eviction Moratorium Order
Washington, DC (October 28, 2020) – In a joint amicus brief filed in the U.S. District Court for the Western District of Tennessee, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, condemned an eviction moratorium order imposed by the Centers for Disease Control and Prevention (CDC) last month to purportedly prevent the spread of COVID-19.
NCLA Reply Brief Continues to Question CDC’s Statutory Authority to Issue Eviction Moratorium
Washington, DC (October 19, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a reply brief in support of its motion for preliminary injunction in the U.S. District Court for the Northern District of Georgia. The brief refutes the arguments of the Centers for Disease Control and Prevention (CDC) for upholding a nationwide “eviction moratorium.”
Fate of Gov. Baker’s COVID-19 Orders Could Be Influenced by Michigan, Pennsylvania Court Decisions
Washington, DC (October 7, 2020) – A recent Michigan Supreme Court decision striking down months of COVID-19 executive orders by Governor Gretchen Whitmer has prompted the New Civil Liberties Alliance to file a Supplemental Notice of Pertinent and Significant Authorities in the Massachusetts Supreme Judicial Court in the matter of Desrosiers v. Baker.
NCLA Wages Legal Battle Against ATF’s Unlawful Bump Stock Final Rule in Texas and Utah
Washington, DC (October 6, 2020) –The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is substantively rewriting federal criminal law with its Final Rule on bump stock-type devices, concluded the New Civil Liberties Alliance in two recent court filings against the ATF in lawsuits originally filed in Texas and Utah.
Six Amici Curiae File in Support of NCLA Constitutional Case Against SEC Administrative Law Judges
Washington, DC (October 5, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group draws strong support for its petition for a writ of certiorari to the U.S. Supreme Court in the case of Christopher M. Gibson v. U.S. Securities and Exchange Commission.
NCLA Asks Supreme Court to Stop FTC’s Unlawful Power Grab for Monetary Relief
Washington, DC (October 5, 2020) – For more than 30 years, the Federal Trade Commission has claimed imaginary powers to obtain millions, if not billions, of dollars in damages under Section 13(b) of the FTC Act, which only authorizes injunctions against present or future illegal behavior.
NCLA Constitutional Case Against SEC Administrative Law Judges Draws Strong Amicus Support
Washington, DC (October 2, 2020) – The Texas Public Policy Foundation, the Cato Institute and Competitive Enterprise Institute filed in support of NCLA’s petition for rehearing en banc last night at the U.S. Court of Appeals for the Fifth Circuit in the case of Michelle Cochran v. U.S. Securities and Exchange Commission.
NCLA Launches Video of Former Chief Financial Officer of Xerox Silenced for Life by SEC’s Gag Rule
Washington, DC (October 1, 2020) – Imagine being charged by a federal government agency and then silenced for life and unable to tell your side of the story. For nearly 50 years, the Securities and Exchange Commission (SEC) has imposed a Gag Rule on defendants that silences them for life when they settle with the agency. The gag forbids even truthful speech if it contradicts anything in the SEC’s original, unproven complaint.
NCLA Applauds Supreme Court Nominee Judge Amy Coney Barrett’s Record on Administrative Power
NCLA Applauds Supreme Court Nominee Judge Amy Coney Barrett’s Record on Administrative Power
NCLA Asks Full Fifth Circuit to Rehear Case Concerning Unlawful SEC Administrative Proceedings
Washington, DC (September 24, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a petition for rehearing en banc in the U.S. Court of Appeals for the Fifth Circuit in the case of Michelle Cochran v. U.S. Securities and Exchange Commission.
NCLA Releases Report on Administrative Law Records of Potential Nominees for the U.S. Supreme Court
Washington, DC (September 24, 2020) – The New Civil Liberties Alliance released a white paper today analyzing the individuals purportedly on President Trump’s shortlist to fill the U.S. Supreme Court seat of the late Justice Ruth Bader Ginsburg. NCLA is a nonpartisan, nonprofit civil rights group devoted to protecting constitutional freedoms from violations by the Administrative State.
NCLA Brief Asks High Court to Nullify Actions by Constitutionally Defective Federal Housing Agency
Washington, DC (September 23, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief today in the U.S. Supreme Court taking aim at the unconstitutional structure of the Federal Housing Finance Agency (FHFA). NCLA asks that the Court to (1) set aside the final agency action FHFA took against Petitioners while it was unconstitutionally structured and (2) grant them meaningful relief in Patrick J. Collins, et al. v. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, et al.
NCLA’s Lawsuit against CDC’s National Eviction Moratorium Draws New Plaintiffs Including Organization Representing over 85,000 in the Rental Housing Industry
Washington, DC (September 22, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, added thousands of new plaintiffs to its lawsuit against the national eviction moratorium issued by the U.S. Centers for Disease Control and Prevention (CDC) earlier this month. The order overrules duly enacted state laws across the country that protect landlords from delinquent tenants who break their rental contracts.
NCLA’s Comments on Proposed Rules Prompt HHS and DOJ to Curb Abuses of Administrative Power
Washington, DC (September 18, 2020) – The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) have adopted recommendations from petitions for rulemaking submitted in 2018 by the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group.
AZ Trial Court Refuses to Decide Constitutionality of Dep’t of Child Safety’s Admin. Review Scheme
Washington, DC (September 9, 2020) – In a disappointing turn of events, a Maricopa County Superior Court judge today affirmed the decision of the director of the Arizona Department of Child Safety (DCS) concerning an unproven child-abuse allegation in the case Phillip B. v. Mike Faust and Arizona Department of Child Safety.
NCLA Challenges Unlawful CDC Order that Leaves Landlords Powerless to Evict Delinquent Tenants
Washington, DC (September 8, 2020) – Today the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a complaint and request for a temporary restraining order or preliminary injunction in the U.S. District Court for the Northern District of Georgia challenging the authority of the Centers for Disease Control and Prevention (CDC) to impose a nationwide “eviction moratorium.”
NCLA Earns En Banc Review from 10th Circuit in Bump Stock Ban Case, Including on Chevron Issues
Washington, DC (September 4, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group is celebrating a reprieve today in the case of Aposhian v. Barr, et al. after the U.S. Court of Appeals in the Tenth Circuit vacated the panel decision and granted NCLA’s petition for rehearing en banc.
NCLA Brief to Mass. Supreme Judicial Court Rebuts Governor Baker’s Defenses
Washington, DC (September 3, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a reply brief shortly before midnight refuting Governor Baker’s defense of his declaration of a Civil Defense Act State of Emergency to address the COVID-19 health crisis. NCLA asked the Massachusetts Supreme Judicial Court to declare Governor Baker’s COVID-19 orders unconstitutional.