Press Releases
NCLA Asks Supreme Court to Eliminate or Limit Judicial Deference to Sentencing Commission
Washington, DC (April 7, 2021) – If Marcus Broadway lived in Tennessee, over the state line from his home in Arkansas, he would not have been labeled a “career offender” and thus not sentenced to significantly more prison time than Congress prescribed for his crime....
NCLA Amicus Brief Asks Arizona Supreme Court to Reject Agency Deference in Ratemaking Lawsuit
Washington, DC (April 6, 2021) –Today, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in support of petitioners in Sun City Home Owners Association v. Arizona Corporation Commission. The brief asks the Arizona...
NCLA Asks NJ Appellate Court to Halt Governor’s Unlawful Interference with Rental Contracts
Washington, DC (April 5, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed its opening brief today in Kravitz v. Murphy in the Superior Court of New Jersey, Appellate Division. The lawsuit challenges Governor Murphy’s...
NCLA Releases Case Video Showing How Cornell’s Title IX Kangaroo Courts Ruin Lives
Washington, DC (April 2, 2021) – Last month, President Biden issued an Executive Order related to Title IX, but the order will do little to reduce gender discrimination in educational settings. The EO also directly attacks one of the most sacred protections that we...
NCLA Seeks D.C. Cir. Rehearing to Urge Jurisdiction over Constitutional Claim Against USDA ALJs
Washington, DC (April 1, 2021) – A two-judge majority of the U.S. Court of Appeals for the District of Columbia Circuit erred in Fleming v. USDA in February when it refused to address the constitutionality of the multiple layers of for-cause removal protection enjoyed...
NCLA Satirical Tweet Case Against NLRB Garners Strong Amicus Support over Free Speech Concerns
Washington, DC (March 31, 2020) – Liberty-minded organizations, distinguished civil liberties activists, including former ACLU president Nadine Strossen, and prominent entertainers, Penn and Teller, are among the amici curiae who have filed briefs in support of the...
NCLA Comments Warn Against Treasury’s Proposed Crypto Surveillance Rule as Unconstitutional
Washington, DC (March 29, 2021) – The U.S. Treasury Department’s planned “crackdown” on cryptocurrency holders’ private wallets is an unconstitutional power grab that would lead to a massive collection of people’s personal information. The unlawful requirements laid...
Victory! Second Circuit Refuses to Make Landlords Liable for Tenant-on-Tenant Racial Harassment
Washington, DC (March 25, 2021) – NCLA is celebrating today’s 7-5 en banc ruling in the U.S. Court of Appeals for the Second Circuit to vacate a flawed panel decision and dismiss the complaint in the case Donahue Francis v. Kings Park Manor, Inc., et al. The court’s...
NCLA Amicus Brief Argues District Courts May Hear Constitutional Claims Against Federal Agencies
Washington, DC (March 25, 2021) – The Federal Trade Commission’s (FTC) enforcement proceedings are unconstitutionally structured, and Axon, a maker of body cameras for law enforcement use, is entitled to raise its constitutional objections in front of an Article III...
NCLA to Appeal NJ District Judge’s Refusal to Apply Contracts Clause to Protect Housing Providers
Washington, DC (March 24, 2021) – The U.S. District Court for the District of New Jersey dismissed a complaint this week in Matthew Johnson, et al. v. Philip D. Murphy, challenging Governor Murphy’s Executive Order No. 128 (EO 128), which allows residential tenants...
NCLA’s Suit Forces USDA to Abandon Efforts to Use Guidance to Mandate RFID Eartags for Livestock
Washington, DC (March 23, 2021) – Victory! The New Civil Liberties Alliance is celebrating an important win for America’s ranchers today after the U.S. Department of Agriculture (USDA) and its subagency, the Animal and Plant Health Inspection Service (APHIS) announced...
District Court Ruling Would Permit IRS to Violate Constitutional Rights with Impunity
Washington, DC (March 23, 2021) – Today, the U.S. District Court for the District of New Hampshire granted the Internal Revenue Service’s (IRS) motion to dismiss the case of James Harper v. Charles P. Rettig, et al. The district court’s flawed decision would ensure...
NCLA Asks Third Cir. to Reject NLRB’s Jurisdiction over Satirical Tweet Case
Washington, DC (March 22, 2021) – SWATting and Doxxing are noxious strategies that some immoral, left-of-center activists have employed to complicate and endanger the lives of their ideological adversaries. Perhaps unwittingly, the National Labor Relations Board...
NCLA Amicus Brief Criticizes Removal Protections and Lack of Jury Trials in SEC ALJ Proceedings
Washington, DC (March 19, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed an amicus brief on behalf of petitioners in George R. Jarkesy, Jr., et al. v. U.S. Securities and Exchange Commission. NCLA is asking the U.S....
NCLA Files Class-Action Lawsuit to Put an End to CDC’s Lawless Nationwide Eviction Moratorium
Washington, DC (March 18, 2021) – The laws of all fifty states provide the remedy of eviction through state processes to retake possession of a home you have rented out. But a national eviction moratorium issued by the Centers for Disease Control and Prevention (CDC)...
NCLA Points 11th Circuit to Recent District Court Ruling Setting Aside CDC’s Eviction Moratorium
Washington, DC (March 12, 2021) – This week marks the one-year anniversary of the COVID-19 pandemic. With all that has been lost, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, is fighting to make sure Americans do not lose their...
Ohio Federal Court Rules CDC’s Eviction Moratorium Unlawful, Partly Relying on NCLA Amicus Brief
Washington, DC (March 10, 2021) — The New Civil Liberties Alliance commends the U.S. District Court for the Northern District of Ohio for today’s ruling in the case, Skyworks, LTD., et al., v. Centers for Disease Control and Prevention, et al. The court held that the...
NCLA Appeals Bump Stock Ban Ruling that Allowed ATF to Get Away with Rewriting Criminal Law
Washington, DC (March 8, 2021) — Congress has not prohibited bump stocks, and it is thus unlawful for a prosecutorial entity like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to rewrite the law in Congress’ place. That’s the basic argument the New...
NCLA Challenges Constitutionality of CFPB’s Unique, Congress-Free Funding Structure
Washington, DC (March 8, 2021) — The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed its opening brief in the U.S. Court of Appeals for the Second Circuit in the case of Bureau of Consumer Financial Protection v. Law Offices of...
Chevron Is Admin. Law’s “Lord Voldemort” Say Tenth Cir. En Banc Dissenters in Bump Stock Ban Case
Washington, DC (March 5, 2021) – A majority en banc panel in the U.S. Court of Appeals for the Tenth Circuit voted 6-5 today to vacate the court’s Sept. 4, 2020 order granting en banc rehearing of Aposhian v. Wilkinson. It also reinstated the court’s deeply flawed May...
NCLA Urges Supreme Court to Protect Landmark Civil Rights Precedent Against “Cancel Culture”
Washington, DC (March 1, 2021) — The landmark 1958 case NAACP v. Alabama ex rel. Patterson was undoubtedly one of the most significant U.S. Supreme Court decisions of the civil rights era. More than 60 years later, it is once again front and center as the highest...
NCLA Amicus Brief Says ‘Police Power’ Belongs with Arizona Legislature, Not with the Governor
Washington, DC (February 26, 2021) – “Police Power” in the hands of the governor does not include the power to legislate, argues the amicus brief filed today by the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, in the Arizona Supreme...
Watch: NCLA Case Video Reveals How CPSC Hides Safety Standards from Public Behind Paywall
Washington, DC (February 24, 2021) – A video released today by the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, reveals a mother’s fight to see the law. NCLA represents Lisa Milice in her petition to the U.S. Court of Appeals for the D.C....
Watch: NCLA Case Video Takes on USDA’s Use of “Guidance” as Law Against America’s Ranchers
Washington, DC (February 18, 2021) – Government agencies are not supposed to be above the law. But a video released today by the New Civil Liberties Alliance featuring the case R-CALF v. U.S. Department of Agriculture, et al. shows how the U.S. Department of...
NCLA Petitions U.S. Supreme Court to Undo Fifth Circuit’s Expansion of Qualified Immunity Doctrine
Washington, DC (February 12, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed a petition for a writ of certiorari today asking the U.S. Supreme Court to reject the Fifth Circuit’s expansion of the qualified immunity doctrine...
NCLA Brief Accuses USDA and APHIS of Establishing Unlawful Federal Advisory Committees on RFID
Washington, DC (February 9, 2021) – The U.S. Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS) have violated the Federal Advisory Committee Act (FACA) and the Administrative Procedure Act (APA). In their attempt to unlawfully...
In NCLA Victory, WY Supreme Court Reverses Local Planning Comm. Attempt to Enforce Guidance
Washington, DC (February 2, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, commends the Wyoming Supreme Court for its ruling to reverse and set aside the decision of the Laramie County Planning Commission (the Commission) in the...
NCLA Brief Asks Federal Circuit to Reject Deference to Retroactive IRS Rule on Proof of Mailing
Washington, DC (February 2, 2021) – It’s tax season once again. During Fiscal Year 2019 the Internal Revenue Service (IRS) processed approximately 253 million tax returns and other forms. But if the case of NCLA client Ali M. Taha is any indication, there is no...
NCLA Amicus Brief Calls NYC’s Rent Stabilization Law Arbitrary and a Violation of Due Process
Washington, DC (January 22, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief asking the U.S. Court of Appeals for the Second Circuit to reverse the judgment of the District Court for the Eastern District of...
NCLA Skewers IRS Efforts to Avoid Court Scrutiny of Its Unlawful Crypto Data Collection Practices
Washington, DC (January 19, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a Memo in Opposition to IRS’s Motion to Dismiss today in the U.S. District Court for the District of New Hampshire in the case of Harper v. Rettig,...