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NCLA Amicus Brief Argues District Courts May Hear Constitutional Claims Against Federal Agencies
Washington, DC (March 25, 2021) – The Federal Trade Commission’s (FTC) enforcement proceedings are unconstitutionally structured, and Axon, a maker of body cameras for law enforcement use, is entitled to raise its constitutional objections in front of an Article III court before enduring the agency’s internal—costly, multi-year, and almost certainly futile—adjudicative process. Today’s amicus brief filed by the New…
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Victory! Second Circuit Refuses to Make Landlords Liable for Tenant-on-Tenant Racial Harassment
Washington, DC (March 25, 2021) – NCLA is celebrating today’s 7-5 en banc ruling in the U.S. Court of Appeals for the Second Circuit to vacate a flawed panel decision and dismiss the complaint in the case Donahue Francis v. Kings Park Manor, Inc., et al. The court’s decision on narrow grounds correctly interpreted the scope of the statutes, held the plaintiff…
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NCLA to Appeal NJ District Judge’s Refusal to Apply Contracts Clause to Protect Housing Providers
Washington, DC (March 24, 2021) – The U.S. District Court for the District of New Jersey dismissed a complaint this week in Matthew Johnson, et al. v. Philip D. Murphy, challenging Governor Murphy’s Executive Order No. 128 (EO 128), which allows residential tenants to use their security deposits to offset their unpaid rent. Monday’s ruling, by U.S. District Judge Noel L. Hillman, declared…
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District Court Ruling Would Permit IRS to Violate Constitutional Rights with Impunity
Washington, DC (March 23, 2021) – Today, the U.S. District Court for the District of New Hampshire granted the Internal Revenue Service’s (IRS) motion to dismiss the case of James Harper v. Charles P. Rettig, et al. The district court’s flawed decision would ensure that no matter how many constitutional rights the IRS violates, Americans may not hold the agency…
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NCLA’s Suit Forces USDA to Abandon Efforts to Use Guidance to Mandate RFID Eartags for Livestock
Washington, DC (March 23, 2021) – Victory! The New Civil Liberties Alliance is celebrating an important win for America’s ranchers today after the U.S. Department of Agriculture (USDA) and its subagency, the Animal and Plant Health Inspection Service (APHIS) announced that they will go through a full rule-making process pursuant to the Administrative Procedure Act (APA)…
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NCLA Asks Third Cir. to Reject NLRB’s Jurisdiction over Satirical Tweet Case
Washington, DC (March 22, 2021) – SWATting and Doxxing are noxious strategies that some immoral, left-of-center activists have employed to complicate and endanger the lives of their ideological adversaries. Perhaps unwittingly, the National Labor Relations Board (NLRB) has read its governing statute so broadly that it is now permitting a similarly abusive strategy to take root.…
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