Press Releases

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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NCLA Resists WY Planning Commission’s Attempt to Treat Vision Document Like a Zoning Ordinance

Washington, DC (July 21, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed an opening brief in Asphalt Specialties Co., Inc. v. Laramie County Planning Commission with the Wyoming Supreme Court. NCLA is pushing back against the Laramie County Planning Commission with an appeal challenging the Commission’s unlawful decision to treat a mere “vision” document like restrictive zoning rules. The Commission did not comply with statutory requirements for zoning.

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NCLA Rejects NLRB General Counsel’s Approach to The Federalist’s Satirical Tweet Case

Washington, DC (July 21, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed two different papers in the last 24 hours in Joel Fleming v. FDRLST Media, LLC. The papers include a response to the NLRB general counsel’s cross exceptions as well as a reply brief in support of the exceptions NCLA filed in response to the April 22nd decisionissued by Administrative Law Judge (ALJ) Kenneth W. Chu.

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NCLA’s Joint Amicus Brief Challenges Calif.’s Levying of Multimillion-Dollar Fines Without Due Process

Washington, DC (July 20, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a joint amicus brief today in the California Court of Appeal, Second Appellate District in the case of Lent, et al. v. California Coastal Commission, et al. Warren and Henny Lent are challenging the multimillion-dollar penalty the California Coastal Commission (CCC) imposed against them under section 30821 of the California Coastal Act in violation of their due process rights.

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NCLA Suit Challenges Lack of Due Process Hearing in Suspension from USDA Crop Insurance Program

Washington, DC (June 17, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a brief in opposition to the Motion to Dismiss submitted by the Department of Agriculture (USDA), the U.S. Risk Management Agency (RMA), and the respective heads of those entities. NCLA clients Kevin Gubbels and Insure My Honey, Inc. are contesting the efforts of the agencies to summarily and indefinitely suspend his participation and that of his company’s insurance agents in the federal crop insurance program without due process.

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NCLA Disputes CFPB Enforcement Action on Ground that Agency Is Unconstitutional post-Seila Law

Washington, DC (July 16, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a response last night to an order to show cause in Bureau of Consumer Financial Protection v. Law Offices of Crystal Moroney, P.C. in the U.S. District Court for the Southern District of New York. NCLA is challenging the Consumer Financial Protection Bureau’s (CFPB) unconstitutional manner of being funded and its Director’s doomed attempts to ratify her own prior actions, taken while her authority to act was unconstitutional.

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NCLA Stands up for Bitcoin Investors in Suit Against IRS for Unlawful Seizure of Private Financial Data

Washington, DC (July 15, 2020) – This Tax Day, New Hampshire resident James Harper filed a lawsuit against the Internal Revenue Service (IRS) along with his tax return. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, represents Mr. Harper in James Harper v. Charles P. Rettig, et al. before the United States District Court for the District of New Hampshire. Mr. Harper’s “crime”? Holding a bitcoin wallet.

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Watch: NCLA Video Exposes Flawed Administrative Review Process at AZ Dep’t of Child Safety

Washington, DC (July 11, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, released a video today featuring the case of Phillip B. v. Mike Faust and Arizona Department of Child Safety. The video highlights the plight of NCLA client Phillip B. (whose name has been redacted to preserve his anonymity under court rules), who is challenging the decision of the Arizona Department of Child Safety (DCS) to place his name on the Central Registry of child abusers before he had exhausted state-court appeals.

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Little Sisters Supreme Court Decision Preserves Religious Liberty but Does Not Reach Delegation Issue

Washington, DC (July 8, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, commends today’s U.S. Supreme Court decision upholding the religious liberty of Catholic nuns in the Little Sisters of the Poor v. Pennsylvania case. The Court ruled 7-2 in favor of the Little Sisters, holding that the religious exemption rule issued by the U.S. Department of Health and Human Services did not violate…

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NCLA, Gov. Baker File Petition Asking Mass. Supreme Judicial Court to Hear Civil Defense Act Case

Washington, DC (July 2, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a joint petition with Governor Charlie Baker and the Attorney General’s Office to transfer the case of Dawn Desrosiers, et al. v. Governor Charles D. Baker from Worcester Superior Court to the Supreme Judicial Court. The petition asks the Court to decide whether Governor Baker’s March 10, 2020 Civil Defense State of Emergency declaration and the ensuing emergency orders responding to the coronavirus pandemic are lawful exercises of gubernatorial authority.

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NCLA Court Win Keeps SBA from Rewriting CARES Act to Exclude Small Biz Owners on Probation

Washington, DC (June 30, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group today is celebrating a victory in the case of Carmen’s Corner Store, et al. v. U.S. Small Business Administration, et al. A federal judge granted a lifeline yesterday to Carmen’s Corner Store and Retail4Real, both businesses of Mr. Altimont Mark Wilks from Hagerstown, MD, who is desperately trying to keep its doors open.

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