Press Releases
NCLA Asks Eleventh Circuit to Rehear Case that Consigns SEC Defendants to Repeated Proceedings Before Unconstitutional ALJs
Washington, DC (February 14, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit public-interest litigation group, filed a petition for rehearing en banc in the U.S. Court of Appeals for the Eleventh Circuit in the case of Christopher M. Gibson v. SEC....
NCLA Rejects USDA’s Attempt to ‘Moot’ Its Lawsuit Against Proposed RFID Mandate
Washington, DC (February 6, 2020) – The New Civil Liberties Alliance replied to the U.S. Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service’s (APHIS) motion to dismiss NCLA’s lawsuit over unlawful an guidance those agencies published...
NCLA Petition Pending Before Arizona Supreme Court Would Fix Inadvertent Error in JRAD Rule 3
Washington, DC (February 5, 2019) – The New Civil Liberties Alliance has filed a Petition with the Arizona Supreme Court to amend Rule 3 of the Rules of Procedure for Judicial Review of Administrative Decisions (JRAD Rule 3) because it ignores the current statute...
NCLA Challenges Woefully Inadequate Probable-Cause Standard in Arizona Child Safety Case
Washington, DC (February 3, 2020) – The New Civil Liberties Alliance is asking the state Superior Court of Maricopa County to reverse an unjust decision by the Arizona Department of Child Safety (DCS) that overturned an independent administrative law judge’s (ALJ)...
NCLA Defends Founder of The Federalist from Outrageous NLRB Action Instigated by Random Tweeter Who Is Not an “Aggrieved” Party Under Federal Labor Law
Washington, DC (January 14, 2020) — A tweet in jest by Ben Domenech, a co-founder and publisher of NCLA client FDRLST Media, LLC, which publishes the online magazine, The Federalist, resulted in the filing of a formal charge with the National Labor Relations Board...
WATCH: NCLA Video Calls Out ATF for Rewriting Statute and Turning Law-Abiding Citizens into Criminals Overnight
Washington, DC (January 8, 2020) – Congress—and only Congress—has the power to write new laws, but a video released today by the New Civil Liberties Alliance features the case of Austin, Texas resident Michael Cargill, who believes the Bureau of Alcohol, Tobacco,...
NCLA Asks Court to Not Abandon Its Duty of Independent Judgment in BIA Case Under Chevron Deference
Washington, DC (January 7, 2019) – The New Civil Liberties Alliance filed an amicus brief today with the Fifth Circuit U.S. Court of Appeals in support of plaintiffs-appellees in the case of Brackeen v. Bernhardt. NCLA is urging the full Fifth Circuit to call out the...
SCOTUS Urged to End SEC Use of Legal Remedies Not Prescribed by Statute
WASHINGTON, D.C., December 23, 2019 – An amicus brief filed today by the New Civil Liberties Alliance (NCLA) urges the U.S. Supreme Court to reverse a Ninth Circuit decision that endorses the Security and Exchange Commission’s routine use of abusive legal remedies not...
NCLA Reply Brief Calls on U.S. Supreme Court to Overrule Brand X Judicial Deference Doctrine
WASHINGTON, DC, December 23, 2019 – The New Civil Liberties Alliance today filed a reply brief on behalf of clients, Howard and Karen Baldwin in their case against the Internal Revenue Service. NCLA’s brief criticizes the government’s backwards idea that it should be...
NCLA Comments on Department of Energy Rulemaking It Prompted on Use of Guidance
Washington, DC (December 23, 2019)– The New Civil Liberties Alliance submitted comments due this week in response to a Department of Energy (DOE) notice of proposed rulemaking on the use of guidance. NCLA first proposed the idea to the agency on August 2,...
NCLA Asks U.S. Supreme Court to Recognize the President’s Removal Authority over CFPB Director
Washington, DC – Today, the New Civil Liberties Alliance filed an amicus brief in the United States Supreme Court supporting the Petitioner in Seila Law LLC v. Consumer Financial Protection Bureau. The Petitioner in this case asks whether Congress has the authority to...
NCLA Asks Ninth Circuit Court of Appeals to Halt Unconstitutional SEC Hearing
Washington, DC— The New Civil Liberties Alliance today filed a motion with the U.S. Court of Appeals for the Ninth Circuit asking it to enjoin an administrative proceeding by the U.S. Securities & Exchange Commission (SEC) against NCLA’s clients, Ray Lucia and the...
Watch: NCLA Video Exposes Injustice Behind SEC’s Administrative Hearings
Washington, DC (November 22, 2019) – The New Civil Liberties Alliance today released a video putting a human face on the endless litigation journey that many Americans, like single mother Michelle Cochran, are put through by the U.S. Securities and Exchange...
U.S. Courts Must Not Ignore How the SEC Gag Rule Violates Americans’ First Amendment Rights
Washington, DC— Barry D. Romeril is being held hostage by the U.S Securities and Exchange Commission’s “Gag” Rule—a little-known administrative tool meant to silence people for life regarding any agency case brought against them. The New Civil Liberties Alliance...
NCLA’s Comments Challenge Proposed FCC Streamlining Rule That Would Rewrite Two Federal Statutes
Washington, D.C. -- The New Civil Liberties Alliance (NCLA) today filed comments to a proposed rule asking the U.S. Federal Communications Commission (FCC) not to promulgate the “Streamlining Rule” which proposes to replace live testimony hearings with written record...
Eight Amici Join NCLA’s Cert. Petition With the Supreme Court to Nix Brand X Deference
Washington, D.C. – The New Civil Liberties Alliance is grateful for the overwhelming support our Petition for a Writ of Certiorari with the U.S. Supreme Court has received. The petition seeks to overturn the so-called Brand X doctrine. Amici curiae, or friends of the...
USDA Withdraws Unlawful RFID Guideline After NCLA Files Lawsuit
R-CALF USA et.al, v. USDA et. al WASHINGTON, DC, October 29, 2019 — The New Civil Liberties Alliance is pleased that USDA's Animal and Plant Health Inspection Service (APHIS) has announced that it does not currently intend to implement the Radio Frequency...
Florida Judge Greenlights NCLA Lawsuit Alleging Unconstitutional Use of Automatic License Plate Readers
Washington, DC— The Honorable Judge Abby Cynamon of Florida’s 11th Judicial Circuit Court submitted an order allowing the New Civil Liberties Alliance to proceed with the lawsuit against the City of Coral Gables, Florida; the Florida Department of State (FDOS); and...
NCLA Calls Out CPSC for Hiding Infant Bath Seat Safety Behind a Paywall
Washington, D.C. – The New Civil Liberties Alliance has submitted a public comment opposing the U.S. Consumer Product Safety Commission’s proposed regulation, Revisions to Safety Standard for Infant Bath Seats, on the basic premise that the law must be freely...
NCLA Commends White House’s Steps to Rein in Unlawful Agency Guidance
Washington, D.C. – Today, the White House issued two Executive Orders recognizing and addressing the problem of abusive regulatory guidance. “Bringing Guidance out of the Darkness” and “Transparency and Fairness” will force transparency and accountability upon federal...
Hamburger Group Sues to Protect Cattle Ranchers from USDA’s Unlawful RFID Animal Identification Mandate
Washington, D.C.--The New Civil Liberties Alliance today filed a complaint with the District Court of Wyoming against the United States Department of Agriculture (USDA) and the Secretary of Agriculture Sonny Perdue, as well as the Animal and Plant Health Inspection...
NCLA Supports Petition to U.S. Supreme Court to Rein in D.C. Circuit’s Aggressive Expansion of Chevron Deference
Washington, D.C. -- Today, the New Civil Liberties Alliance filed an amicus brief in support of the petitioners’ Writ of Certiorari to the U.S. Supreme Court in Damien Guedes, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. The case challenges...
NCLA Video Shows Problem with Use of License Plate Readers
Washington, D.C. – Today the New Civil Liberties Alliance released a case video featuring NCLA client Raul Mas Canosa that depicts the serious privacy concerns that surround automatic license plate readers (ALPRs). Canosa’s lawsuit against the City of Coral Gables,...
NCLA Asks U.S. Supreme Court to Uphold Landmark Civil Rights Precedent
Washington, D.C. – Today, the New Civil Liberties Alliance filed an amicus brief supporting two Writs of Certiorari to the U.S. Supreme Court in Americans for Prosperity Foundation v. Becerra and Thomas More Law Center v. Becerra. The Petitioners in these related...
NCLA Wins Stay Pending Appeal from Fifth Circuit in Post-Lucia SEC Case
Washington, D.C. – It took barely a couple of hours after oral argument on the motion in New Orleans, for a panel of the U.S. Court of Appeals for the Fifth Circuit to issue an order staying the SEC’s enforcement proceedings against NCLA client Michelle Cochran. The...
NCLA Files Petition with the U.S. Supreme Court Seeking to Abolish Brand X Deference
Washington, D.C., -- The New Civil Liberties Alliance today filed a Petition for a Writ of Certiorari with the U.S. Supreme Court seeking to overturn the so-called Brand X doctrine. Under the Court’s 2005 case, National Cable & Telecommunications Ass’n v. Brand X...
Watch: NCLA Releases Video Addressing Urgency to Protect Americans’ Civil Liberties from the Administrative State
Washington, DC (September 19, 2019) – The New Civil Liberties Alliance released the video “How NCLA Protects Americans from the Administrative State” to commemorate two years since we opened our doors. The new video explains NCLA’s mission to protect the...
NCLA Refutes Cornell University’s Motion to Dismiss Its Former Professor’s Title IX Lawsuit
Washington, D.C. -- The New Civil Liberties Alliance has filed a response opposing Cornell University’s Motion to Dismiss the Complaint NCLA submitted on behalf of Dr. Mukund Vengalattore last year. Professor Vengalattore, a former tenure-track physics professor at...
ATF Admits It Lacked Authority to Issue Legislative Rule, NCLA Condemns the Agency’s Attempt to Ban Bump Stocks Anyway
Washington, D.C. – Congress has not prohibited bump stocks, but the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has made them illegal with a Final Rule issued without statutory authority. In a noteworthy development, ATF’s latest court filing admits that...
NCLA Urges New York State Education Department to Do Away with Proposed Unconstitutional Regulations on Nonpublic Schools
Washington, D.C. – The New Civil Liberties Alliance has submitted a public comment in response to the New York State Education Department’s (NYSED) proposed regulation, Substantially Equivalent Instruction for Nonpublic School Students, urging the Department to...