Press Releases
NCLA Amicus Brief Backs Cert Petition Challenging Deference to Sentencing Guidelines Commentary
Washington, DC (November 24, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief today in Jayren Wynn v. United States of America, urging the U.S. Supreme Court to grant Mr. Wynn’s petition for certiorari and...
NCLA Comment Objects to Proposed HHS Rule Repealing Regulated Parties’ Due Process Rights
Washington, DC (November 22, 2021) – The Department of Health and Human Services (HHS) is attempting to rescind a Final Rule meant to protect due process rights of regulated persons by restricting HHS’s ability to use non-public and non-binding standards to violate...
Amicus Victory: NCLA Applauds Federal Court Ruling Invalidating ‘Tax Cut Ban’ in Thirteen States
Washington, DC (November 16, 2021) - The New Civil Liberties Alliance celebrates an amicus victory and commends an Alabama federal court ruling, issued Monday, permanently invalidating the “Tax Cut Ban” provision of the American Rescue Plan Act of 2021 (ARPA)....
NCLA Files Appeal in Lawsuit Challenging Transportation Secretary Buttigieg’s ‘Gotcha’ Investigations
Washington, DC (November 16, 2021) – Late yesterday, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed its opening brief in a lawsuit against Transportation Secretary Peter Buttigieg at the U.S. Court of Appeals for the Sixth...
NCLA Seeks En Banc Review of First Amendment SEC Gag Rule Case in Second Circuit
Washington, DC (November 15, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, is seeking en banc review in U.S. Securities and Exchange Commission v. Barry D. Romeril. NCLA filed a petition with the U.S. Court of Appeals for the...
NCLA Contests Vague Rule that Unconstitutionally Chills Free Speech for Attorneys in Connecticut
Washington, DC (November 10, 2021) – Connecticut has adopted an amendment to its Rules of Professional Сonduct for Connecticut-licensed lawyers that includes unconstitutional and impermissibly vague language governing speech by lawyers. The provision, Rule 8.4(7),...
NCLA Amicus Brief Explains Why OSHA’s Employer Vaccine Mandate Violates Nondelegation Doctrine
Washington, DC (November 9, 2021) – The Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) on November 5, 2021, requires employers with 100 or more employees to either implement a mandatory COVID-19 vaccination policy...
NCLA & TPPF File Class-Action Suit for Naturally Immune Fed. Employees Against Covid Vaccine Mandate
Washington, DC (November 5, 2021) – Federal workers with naturally acquired immunity to COVID-19 filed a class-action lawsuit today against their employer, the U.S. government, as well as Dr. Anthony Fauci and other members of the Safer Federal Workforce Task Force,...
NCLA Successfully Petitions NOAA to Delay Warrantless 24/7 Surveillance of Charter Boats in the Gulf
Washington, DC (November 2, 2021) – A rule requiring for-hire charter boat captains off the Gulf of Mexico to install vessel monitoring systems (VMS), a kind of GPS tracking device, on their boats to supply 24/7 location information to the U.S. Government has been put...
CPSC Shuts Public Out of Its Consideration and Adoption of Safety Standards for Baby Gates
Washington, DC (November 1, 2021) – By repeatedly refusing to provide free and open access to its safety standards, the Consumer Product Safety Commission (CPSC) has violated the U.S. Constitution, which requires the government to provide the public with access to the...
NCLA Refutes BOP’s Attempt to Dismiss Home Confinement Lawsuit for Medically Vulnerable Inmate
Washington, DC (October 26, 2021) – The U.S. Department of Justice (DOJ) and Bureau of Prisons (BOP) have declared plans to order medically vulnerable people out of home confinement and back to prison as soon as the COVID-19 pandemic abates. In doing so, these...
NCLA Amicus Brief Asks Sixth Circuit to Uphold Decision Setting Aside ARPA’s Ban on State Tax Cuts
Washington, DC (October 20, 2021) – An amicus brief filed Tuesday by the New Civil Liberties Alliance argues that Congress and the U.S. Treasury Department violated several bedrock provisions of the U.S. Constitution by including a “State Tax Cut Ban” in the American...
Watch: NCLA Video Explains Why U.S. Supreme Court Must Resolve Chevron Deference Discord
Washington, DC (October 14, 2021) – A recent petition for a writ of certiorari filed in August in the U.S. Supreme Court by the New Civil Liberties Alliance calls upon the highest court in the land to address the discord in lower courts regarding the application...
NCLA Challenges SEC’s Power to Authorize Nasdaq’s Board of Directors Diversity Rules
Washington, DC (October 5, 2021) – The U.S. Securities and Exchange Commission (SEC) is receiving pushback over its recent approval of Nasdaq’s Board Diversity Rules, which require all companies listed on the exchange to not only publicly disclose board diversity...
Sovereignty Is Not for Sale: NCLA Challenges Congress’ Seizure of States’ Taxing Authority
Washington, DC (October 4, 2021) – The “Tax Cut Ban” provision within the American Rescue Plan Act of 2021 (ARPA) upends the structure of American Constitutionalism as we know it. Today, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group,...
In NCLA Amicus Win, Arizona Supreme Court Rejects Agency Deference in Ratemaking Lawsuit
Washington, DC (October 1, 2021) – Today, a unanimous Supreme Court of the State of Arizona ruled that the Arizona Corporation Commission (ACC) is “not entitled to ‘extreme deference’ in its utility ratemaking determinations.” The New Civil Liberties Alliance, a...
CDC Seeks to Prevent Ruling on Merits of the Eviction Moratorium, NCLA Opposes Motion to Dismiss
Washington, DC (September 28, 2021) – For nearly a year, the Centers for Disease Control and Prevention (CDC) imposed an unlawful nationwide eviction moratorium on the nation’s home providers. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights...
Second Circuit Decision in SEC Gag Rule Case Fails to Address Unconstitutionality of Lifetime Gags
Washington, DC (September 27, 2021) – Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit incorrectly denied the motion for relief from judgment in the case of former Xerox Chief Financial Officer Barry Romeril. Mr. Romeril had argued that a...
Chevron Deference Should Be Abandoned Says NCLA in Hospital Reimbursement Lawsuit Amicus Brief
Washington, DC (September 10, 2021) – A case on the Supreme Court’s docket for its 2021-22 term could spell the beginning of the end of Chevron deference. In an amicus brief filed today in American Hospital Association, et al. v. Xavier Becerra, et al., the New Civil...
Twenty States Among Amici Curiae Supporting NCLA’s Chevron Deference Cert. Petition at SCOTUS
Washington, DC (September 7, 2021) – Twenty states, fifteen organizations across the political spectrum, and six private citizens have filed amici curiae briefs in support of the New Civil Liberties Alliance’s petition for a writ of certiorari in Aposhian v. Garland,...
Something Is Fishy in the Gulf: NOAA Forces Charter Boat Captains to Install ‘Anchor Bracelets’
Washington, DC (September 3, 2021) – A video released today by the New Civil Liberties Alliance dives into a lawsuit brought by charter boat captains, including Allen Walburn, who has been chartering deep-sea fishing vessels in Naples, FL, for the past 42 years....
NCLA Files for Summary Judgment in Class-Action Lawsuit Against CDC’s Eviction Moratorium
Washington, DC (August 31, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has moved for summary judgment in Mossman v. CDC, the class-action lawsuit challenging the Centers for Disease Control and Prevention’s (CDC) eviction...
NCLA Represents COVID-19 Survivors in Class-Action Lawsuit Against Mich. State U. Vaccine Mandate
Washington, DC (August 27, 2021) – Jeanna Norris is a supervisory Administrative Associate and Fiscal Officer at Michigan State University (MSU). She has naturally-acquired immunity to COVID-19 after recovering from the virus late last year. However, the university...
US Supreme Ct Validates NCLA Argument that CDC’s Eviction Moratorium Lacks Statutory Authority
Washington, DC (August 27, 2021) – The New Civil Liberties Alliance represented the very first plaintiffs to file a complaint against the U.S. Centers for Disease Control and Prevention (CDC) over the agency’s nationwide eviction moratorium. In the Brown v....
NCLA Asks 10th Cir. to Declare USDA’s Livestock RFID Federal Advisory Committees Violated FACA
Washington, DC (August 26, 2021) – The U.S. Department of Agriculture (USDA) and its subagency, the Animal and Plant Health Inspection Service (APHIS), continue to violate federal law in their efforts to mandate “radio frequency identification” (RFID) eartags on...
NCLA Petitions Supreme Court of New Jersey to Check Governor Murphy’s Emergency Powers
Washington, DC (August 19, 2021) – New Jersey Governor Phil Murphy used the Covid-19 public-health emergency to unilaterally and unlawfully modify the rights and obligations of housing providers and tenants who had mutually entered into contracts that explicitly...
George Mason Univ. Caves to NCLA’s Lawsuit over Vaccine Mandate, Grants Prof. Medical Exemption
Washington, DC (August 17, 2021) – The New Civil Liberties Alliance is pleased to announce today that George Mason University (GMU) has granted a medical exemption from its mandatory Covid-19 vaccination policy to NCLA client Todd Zywicki, George Mason University...
NCLA Asks D.C. Circ. to Rehear Rules Behind Paywalls Case on Timing of Direct Final Rule Challenges
Washington, DC (August 16, 2021) – One mother remains steadfast in her resolve to ensure that all Americans have free access to the product safety standards set forth by the Consumer Product Safety Commission (CPSC). A D.C. Circuit panel dismissed the case Lisa Milice...
NCLA Seeks En Banc Review in 11th Circuit as CDC Eviction Moratorium Extended to Early October
Washington, DC (August 13, 2021) – Rick Brown, Sonya Jones, and Richard Krausz are among the thousands of mom-and-pop housing providers whose tenants owe them thousands or tens of thousands of dollars in back rent due to the eviction moratorium issued by the Centers...
NCLA Seeks Summary Judgment in Class-Action Lawsuit over NOAA’s Boat Tracking Mandate
Washington, DC (August 12, 2021) – The New Civil Liberties Alliance filed a motion for summary judgment this week, requesting relief on behalf of more than a thousand charter boat captains who are challenging a Final Rule subjecting charter boats operating in the Gulf...