Press Releases

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.” 

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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.  

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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.

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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.

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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.

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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.

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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.”

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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.

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NCLA Asks Supreme Court to Vindicate Right to Sue in Federal District Court over SEC ALJ Defect

Washington, DC (August 31, 2020) –The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a petition for a writ of certiorari with the U.S. Supreme Court today in the case of Christopher M. Gibson v. U.S. Securities and Exchange Commission. Former U.S. Solicitor General Greg Garre of Latham & Watkins is counsel of record on the petition and led NCLA’s pro bono effort seeking certiorari. 

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AZ State Supreme Court Adopts Verbatim NCLA’s Proposed Changes to Court Rule; Revised Rule Will Better Protect the Civil Rights of Arizonans Who Appeal Agency Decisions

Washington, DC (August 31, 2020) – Arizonans seeking to appeal administrative decisions to state courts will finally be able to obtain relief from state agency abuses thanks to the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group. NCLA is pleased to announce that the Arizona Supreme Court has adopted verbatim an NCLA-drafted amendment to its Judicial Review of Administrative Decisions Rule 3 (“JRAD Rule 3”).

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NCLA Appeals NDNY Ruling that Ignored Ex-Cornell Prof’s Claim for Due Process in Title IX Hearing

Washington, DC (August 21, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed its opening brief today 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. Department of Education. NCLA represents Dr. Vengalattore, one of the nation’s leading experts in atomic, molecular, and optical physics and a former professor at Cornell University in Ithaca, NY.

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NCLA Challenges Dept. of Commerce Regulation that Would Track Charter Vessels in the Gulf 24/7

Washington, DC (August 20, 2020) – The U.S. government is trying to force charter boats and companies that take customers fishing and sightseeing in the Gulf of Mexico to purchase a vessel monitoring system (VMS). Federal agencies will use the VMS tracking devices to monitor boats’ movements and whereabouts on the water, even when they are not using their federal permits to fish.

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SDNY Judge Recognizes CFPB Acted Unconstitutionally, but Still Enforces CID Against NCLA Client

Washington, DC (August 18, 2020) – Oral argument was held telephonically today in Bureau of Consumer Financial Protection v. Law Offices of Crystal Moroney in the Southern District of New York. At the conclusion of argument, U.S. District Judge Kenneth M. Karas handed down a decision from the bench granting CFPB’s Petition to Enforce the Civil Investigative Demand (CID) it issued to the Law Offices of Crystal Moroney, P.C.

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NCLA Client Michelle Cochran Absorbs Temporary Setback from Fifth Circ. Court of Appeals Decision

Washington, DC (August 11, 2020) – Today’s 2-1 Fifth Circuit Court of Appeals decision in Michelle Cochran v. U.S. Securities and Exchange Commission was sorely disappointing. After winning a preliminary injunction against the SEC last fall, Ms. Cochran had hoped her constitutional challenge to the agency’s Administrative Law Judges (ALJs) would soon be resolved. Instead, the panel ruling decided that its hands were tied by a prior Fifth Circuit case.

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NCLA Brief Responds to CPSC and ASTM Excuses for Keeping Consumers in the Dark on Safety

Washington, DC (August 7, 2020) – “Buyer Beware” takes on a whole new meaning if you wish to see the U.S. Consumer Product Safety Commission’s (CPSC) safety standards for a product before purchasing it. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a reply to the government’s brief in the case of Lisa Milice v. U.S. Consumer Product Safety Commission, taking the CPSC to task over the practice of keeping its standards hidden behind a private paywall.

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NCLA Brief Tells Mass. Supreme Judicial Court that Gov. Baker’s Covid-19 Orders Violate Constitution

Washington, DC (August 4, 2020) – The uncertainty of indefinite shutdowns and shifting reopening phases are causing hardship to people across Massachusetts. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed an opening brief on behalf of plaintiff-petitioners in Dawn Desrosiers, et al. v. Governor Charles D. Baker.

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NCLA Slams SEC’s Defense of Gag Rule that has Hoodwinked Americans for Half a Century

Washington, DC (July 31, 2020) – For nearly 50 years, the U.S. Securities and Exchange Commission (SEC) has imposed a Gag Rule that silences people with a lifetime gag enforced through a threat of a reopened prosecution. NCLA client Barry D. Romeril, the former Chief Financial Officer of Xerox, is challenging the constitutionality of such a gag imposed on him by the SEC in a 2003 settlement and consent order.

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NCLA Bump Stock Ban Reply Brief Says 10th Circuit’s Chevron Waiver Ruling Deepens Circuit Split

Washington, DC (July 28, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a reply brief in the U.S. Court of Appeals for the Tenth Circuit to support its petition for full court review in the case of Aposhian v. Barr. NCLA argues that the panel majority committed legal error in its 2-1 decision denying Mr. Aposhian’s appeal challenging the ban on bump stocks issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

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