Press Releases
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,...
NCLA En Banc Fifth Circuit Reply Brief Refutes SEC’s Objections to Hearing Constitutional Challenge
Washington, DC (January 14, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a reply brief in the case of Michelle Cochran v. Securities and Exchange Commission (SEC) which the Fifth Circuit U.S. Court of Appeals will...
U.S. Supreme Court Will Not Hear Case Challenging Removal Protections for SEC’s In-House Judges
Washington, DC (January 11, 2021) – The U.S. Supreme Court today denied a petition for writ of certiorari in the case of NCLA client Christopher Gibson. He was challenging the decision of an Eleventh Circuit panel which concluded the district court lacked jurisdiction...
NCLA Second Circuit Brief Rebuts Cornell and Dept. of Educ. Efforts to Deny Title IX Hearing Rights
Washington, DC (January 5, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a reply brief in the U.S. Court of Appeals for the Second Circuit in the case of Dr. Mukund Vengalattore v. Cornell University and the U.S....
NCLA Discourages Supreme Court from Upholding “Issue Exhaustion” in Social Security Benefits Cases
Washington, DC (January 4, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a joint amicus curiae brief with the Cato Institute in the U.S. Supreme Court in the consolidated cases of Willie Earl Carr, et al. v. Andrew...
NCLA Asks US Supreme Ct. to Let Congress Fix Appointments Clause Defect in Admin. Patent Judges
Washington, DC (December 31, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus curiae brief in the U.S. Supreme Court in the case of United States v. Arthrex, Inc., et al. At issue in the consolidated set of cases...
NCLA Appeal Challenges AZ Dept. of Child Safety’s Low Burden of Proof and Lack of Due Process
Washington, DC (December 29, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit, civil rights group has appealed the decision of a Maricopa County Superior Court judge in the case of Phillip B. v. Mike Faust and Arizona Department of Child Safety to...
NCLA Encourages Alaska Supreme Court to Discard Judicial Deference that Violates Constitution
Washington, DC (December 23, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in the Supreme Court of Alaska in Williams Alaska Petroleum, Inc., et al. v. State of Alaska, et al. NCLA is asking the court not...
NCLA Appeals to Stop the Radical Intrusion on State Courts Caused by CDC’s Eviction Moratorium
Washington, DC (December 21, 2020) –Using the pandemic emergency as an excuse, the Centers for Disease Control and Prevention (CDC), a part of the U.S. Department of Health and Human Services, has issued a nationwide eviction moratorium that far exceeds the...
NCLA Asks Supreme Court to Address Constitutional Defect in SEC Administrative Law Judges
Washington, DC (December 21, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a reply brief related to its petition for a writ of certiorari to the U.S. Supreme Court in the case of Christopher M. Gibson v. U.S....
NCLA Tells U.S. Supreme Court Why Deference to Sentencing Commission Violates Constitution
Washington, DC (December 16, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a petition in the U.S. Supreme Court for a writ of certiorari in Marcus Broadway v. United States. Mr. Broadway is challenging the lower...
NCLA Urges NJ Court to Nix Order Directing Landlords to Use Security Deposits to Offset Rent
Washington, DC (December 16, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, is taking its case challenging New Jersey Governor Philip Murphy’s Executive Order 128 to the Superior Court of New Jersey in Cumberland County. In the...
Mass. High Court Ruling Disregards Civil Liberties, Gives Governor Virtual Free Pass to Violate Them During a Civil Defense State of Emergency
Washington, DC (December 10, 2020) – The Massachusetts Supreme Judicial Court rendered its decision in the Desrosiers v. Baker case this morning upholding Governor Baker’s pandemic orders as consistent with the Civil Defense Act (CDA). The order delivers a blow to the...
NCLA’s Constitutional Claim at En Banc Fifth Circuit Against SEC ALJs Draws Strong Amicus Support
Washington, DC (December 9, 2020) – This week liberty-minded organizations Americans for Prosperity, the Cato Institute and Competitive Enterprise Institute, as well as American investors and entrepreneurs Phillip Goldstein, Mark Cuban, and Nelson Obus, filed amicus...
NCLA Seeks Summary Judgment in Case Challenging NOAA’s Unlawful at-Sea Monitor Mandate
Washington, DC (December 7, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a motion asking the U.S. District Court for the District of Rhode Island to award summary judgment in favor of NCLA’s clients in Relentless...
NCLA Reply Brief Argues ATF’s Rule Banning Bump Stocks Exceeds Agency’s Legal Authority
Washington, DC (December 3, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed a reply brief today in the case of Aposhian v. Barr, et al., which the U.S. Court of Appeals for the Tenth Circuit is hearing en banc. The brief...
NCLA’s Latest Case Video Explains Lawsuit Against Governor Baker’s Civil Defense Emergency Orders
Washington, DC (December 3, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today released its latest case video highlighting the stories of Petitioners in Massachusetts in the case of Desrosiers v. Baker—which has been pending...
Court Must Add NCLA-Obtained Documents Enumerating USDA’s Violations of FACA to Record
Washington, DC (December 3, 2020) – The New Civil Liberties Alliance, a nonpartisan nonprofit civil rights group, filed a motion for completion of the record or for consideration of extra-record evidence attaching nine incriminating documents in the U.S. District...