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NCLA Challenges SEC’s Power to Authorize Nasdaq’s Board of Directors Diversity Rules
Washington, DC (October 5, 2021) – The U.S. Securities and Exchange Commission (SEC) is receiving pushback over its recent approval of Nasdaq’s Board Diversity Rules, which require all companies listed on the exchange to not only publicly disclose board diversity statistics but also explain failures to meet new diversity requirements. Today, the New Civil Liberties…
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Sovereignty Is Not for Sale: NCLA Challenges Congress’ Seizure of States’ Taxing Authority
Washington, DC (October 4, 2021) – The “Tax Cut Ban” provision within the American Rescue Plan Act of 2021 (ARPA) upends the structure of American Constitutionalism as we know it. Today, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in State of Texas, State of Louisiana, and State of Mississippi v. Yellen, et al. in the…
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In NCLA Amicus Win, Arizona Supreme Court Rejects Agency Deference in Ratemaking Lawsuit
Washington, DC (October 1, 2021) – Today, a unanimous Supreme Court of the State of Arizona ruled that the Arizona Corporation Commission (ACC) is “not entitled to ‘extreme deference’ in its utility ratemaking determinations.” The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in April 2021, in support of Petitioners in Sun City Home Owners Association…
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CDC Seeks to Prevent Ruling on Merits of the Eviction Moratorium, NCLA Opposes Motion to Dismiss
Washington, DC (September 28, 2021) – For nearly a year, the Centers for Disease Control and Prevention (CDC) imposed an unlawful nationwide eviction moratorium on the nation’s home providers. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has fought the CDC Order since day one, filing two lawsuits: Brown, et al. v. CDC, et…
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Second Circuit Decision in SEC Gag Rule Case Fails to Address Unconstitutionality of Lifetime Gags
Washington, DC (September 27, 2021) – Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit incorrectly denied the motion for relief from judgment in the case of former Xerox Chief Financial Officer Barry Romeril. Mr. Romeril had argued that a lifetime “gag order” imposed on him in 2003 by the U.S. Securities and…
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Chevron Deference Should Be Abandoned Says NCLA in Hospital Reimbursement Lawsuit Amicus Brief
Washington, DC (September 10, 2021) – A case on the Supreme Court’s docket for its 2021-22 term could spell the beginning of the end of Chevron deference. In an amicus brief filed today in American Hospital Association, et al. v. Xavier Becerra, et al., the New Civil Liberties Alliance argues that the D.C. Circuit improperly…
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