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NCLA Brief Asks U.S. Supreme Court to Recognize How Deference Has Compromised Judicial Independence and Due Process in Case over Funding of Children’s Hospitals
Washington, DC (May 11, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, submitted an amicus brief to the U.S. Supreme Court today in support of the petition for a writ of certiorari filed by a group of children’s hospitals from around the country. NCLA believes the D.C. Circuit Court of Appeals erred in reversing…
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NCLA Amicus Asks Full 2d. Cir. Bench to Course-Correct Wayward Panel’s Fair Housing Act Decision
Washington, DC (May 8, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed an amicus brief late last night in the U.S. Court of Appeals for the Second Circuit in Donahue Francis v. Kings Park Manor, Inc., et al., on rehearing en banc. NCLA’s brief, which supports neither party, asks the bench to eschew Chevron deference in its decision, respect…
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Tenth Circuit Disregards Its Own Precedent in Appeal of Denied Challenge to ATF’s Bump Stock Ban
Washington, DC (May 7, 2020) – Today, the U.S. Court of Appeals for the Tenth Circuit invoked the Chevron doctrine to deny NCLA client Clark Aposhian’s appeal of his challenge to ATF’s bump stock ban in a 2-1 vote. Mr. Aposhian, who last spring was the “last man in America” to own a legal bump stock,…
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NCLA Asks Second Circuit Court of Appeals to Rehear Case Over Deference to Sentencing Guidelines Commentary
Washington, DC (May 6, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed an amicus brief yesterday in U.S. v. Zimmian Tabb, urging the U.S. Court of Appeals for the Second Circuit to abandon “Stinson Deference.” This judicial deference doctrine requires federal judges to defer to commentary the United States Sentencing Commission (U.S.S.C.) has written interpreting…
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NCLA Amicus Brief Exposes Decades-Old Unconstitutional Enforcement Regime at DOL
Washington, DC (May 4, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed an amicus brief Friday in the U.S. District Court for the District of Columbia in support of Oracle’s case against the Department of Labor (DOL). Oracle has challenged a portion of the regulations that set up the enforcement and…
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NCLA Amicus Brief Urges Supreme Court of Georgia to Declare Judicial Deference Unconstitutional
Washington, DC (April 28, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed an amicus brief today in the Supreme Court of Georgia in the case of Premier Healthcare Investments, L.L.C. v. UHS of Anchor, L.P. NCLA submitted a neutral brief in support of neither party that solely focuses on the…
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