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NCLA Triumph in Unlawful Charter Boat Surveillance Rule Case Leads Gov’t to Pay Attorneys’ Fees
Washington, DC (November 29, 2023) – The New Civil Liberties Alliance has agreed to dismiss its motion for fees under the Equal Access to Justice Act in Mexican Gulf Fishing Company v. U.S. Department of Commerce. In lieu of a court judgment on the pending motion, the U.S. Government has paid NCLA a $160,000 fee settlement. In…
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NCLA Asks en Banc Fifth Circuit to Overturn Nasdaq Board Diversity Rules as Unauthorized by Statute
Washington, DC (November 27, 2023) – The Securities and Exchange Commission-approved “Board Diversity Rules” impose race, gender and sexual orientation-based quotas on the corporate boards of companies listed on the Nasdaq stock exchange. Today, the New Civil Liberties Alliance petitioned the U.S. Court of Appeals for the Fifth Circuit for en banc rehearing of its National Center for Public Policy Research…
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NCLA Amicus Brief Asks Supreme Court to Uphold a Small Business’s Right to Judicial Review
Washington, DC (November 21, 2023) – The U.S. Court of Appeals for the Eighth Circuit upheld the dismissal of Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling that the six-year statute of limitations to challenge the rule had already expired. However, Corner Post did not exist until more than six years after the rule issued,…
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NCLA Asks Supreme Court to Sink Chevron Doctrine for Violating the Constitution in Two Key Respects
Washington, DC (November 20, 2023) – Today, the New Civil Liberties Alliance filed the opening brief on the merits in the U.S. Supreme Court on behalf of clients Relentless, Inc., Huntress, Inc., and Seafreeze Fleet, LLC in Relentless v. Department of Commerce, urging the Court to overturn the Chevron doctrine. The Relentless brief highlights two core problems with Chevron deference that NCLA founder Philip Hamburger…
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NCLA Encourages Fifth Circuit to Rein in Renegade SEC’s Unlawful Private Fund Regulation Effort
Washington, DC (November 9, 2023) – The Securities and Exchange Commission (SEC) recently promulgated a rule that restricts—and in some cases prohibits—certain common contractual agreements between private investment funds and their investment advisers. The New Civil Liberties Alliance has filed an amici curiae brief in National Association of Private Fund Managers v. SEC, asking the U.S. Court of Appeals for…
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NCLA Amicus Brief Asks Supreme Court to Hear Case Challenging NLRB’s Unfair Injunction Standard
Washington, DC (November 7, 2023) – The National Labor Relations Board (NLRB) has deprived Starbucks of property without due process of law via an administrative enforcement proceeding, utilizing a preliminary injunction it obtained without even establishing that the company likely broke the law. The U.S. Court of Appeals for the Sixth Circuit upheld the district court…
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