AZ State Supreme Court Adopts Verbatim NCLA’s Proposed Changes to Court Rule; Revised Rule Will Better Protect the Civil Rights of Arizonans Who Appeal Agency Decisions
Washington, DC (August 31, 2020) – Arizonans seeking to appeal administrative decisions to state courts will finally be able to obtain relief from state agency abuses thanks to the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group. NCLA is pleased to announce that the Arizona Supreme Court has adopted verbatim an NCLA-drafted amendment to its Judicial Review of Administrative Decisions Rule 3 (“JRAD Rule 3”).
NCLA Files for Summary Judgment in Case Where SEC Is Seeking to Enforce Guidance Instead of Law
Washington, DC (August 21, 2020) –Today the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a motion asking the U.S. District Court for the Middle District of Florida to issue summary judgment in favor of NCLA’s clients in U.S. Securities and Exchange Commission v. Spartan Securities Group, LTD., et al.
NCLA Appeals NDNY Ruling that Ignored Ex-Cornell Prof’s Claim for Due Process in Title IX Hearing
Washington, DC (August 21, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed its opening brief today in the U.S. Court of Appeals for the Second Circuit in the case of Dr. Mukund Vengalattore v. Cornell University and the U.S. Department of Education. NCLA represents Dr. Vengalattore, one of the nation’s leading experts in atomic, molecular, and optical physics and a former professor at Cornell University in Ithaca, NY.
NCLA Challenges Dept. of Commerce Regulation that Would Track Charter Vessels in the Gulf 24/7
Washington, DC (August 20, 2020) – The U.S. government is trying to force charter boats and companies that take customers fishing and sightseeing in the Gulf of Mexico to purchase a vessel monitoring system (VMS). Federal agencies will use the VMS tracking devices to monitor boats’ movements and whereabouts on the water, even when they are not using their federal permits to fish.
SDNY Judge Recognizes CFPB Acted Unconstitutionally, but Still Enforces CID Against NCLA Client
Washington, DC (August 18, 2020) – Oral argument was held telephonically today in Bureau of Consumer Financial Protection v. Law Offices of Crystal Moroney in the Southern District of New York. At the conclusion of argument, U.S. District Judge Kenneth M. Karas handed down a decision from the bench granting CFPB’s Petition to Enforce the Civil Investigative Demand (CID) it issued to the Law Offices of Crystal Moroney, P.C.
NCLA Now Accepts Cryptocurrencies to Enhance Charitable Giving Opportunities for Donors
Washington, DC (August 18, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group announced today that it has begun accepting cryptocurrency donations to expand its fundraising capability and help create more awareness and further its critical mission of reining in the Administrative State.
NCLA Client Michelle Cochran Absorbs Temporary Setback from Fifth Circ. Court of Appeals Decision
Washington, DC (August 11, 2020) – Today’s 2-1 Fifth Circuit Court of Appeals decision in Michelle Cochran v. U.S. Securities and Exchange Commission was sorely disappointing. After winning a preliminary injunction against the SEC last fall, Ms. Cochran had hoped her constitutional challenge to the agency’s Administrative Law Judges (ALJs) would soon be resolved. Instead, the panel ruling decided that its hands were tied by a prior Fifth Circuit case.
NCLA Brief Responds to CPSC and ASTM Excuses for Keeping Consumers in the Dark on Safety
Washington, DC (August 7, 2020) – “Buyer Beware” takes on a whole new meaning if you wish to see the U.S. Consumer Product Safety Commission’s (CPSC) safety standards for a product before purchasing it. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a reply to the government’s brief in the case of Lisa Milice v. U.S. Consumer Product Safety Commission, taking the CPSC to task over the practice of keeping its standards hidden behind a private paywall.
NCLA Brief Tells Mass. Supreme Judicial Court that Gov. Baker’s Covid-19 Orders Violate Constitution
Washington, DC (August 4, 2020) – The uncertainty of indefinite shutdowns and shifting reopening phases are causing hardship to people across Massachusetts. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed an opening brief on behalf of plaintiff-petitioners in Dawn Desrosiers, et al. v. Governor Charles D. Baker.
NCLA Slams SEC’s Defense of Gag Rule that has Hoodwinked Americans for Half a Century
Washington, DC (July 31, 2020) – For nearly 50 years, the U.S. Securities and Exchange Commission (SEC) has imposed a Gag Rule that silences people with a lifetime gag enforced through a threat of a reopened prosecution. NCLA client Barry D. Romeril, the former Chief Financial Officer of Xerox, is challenging the constitutionality of such a gag imposed on him by the SEC in a 2003 settlement and consent order.
NCLA Bump Stock Ban Reply Brief Says 10th Circuit’s Chevron Waiver Ruling Deepens Circuit Split
Washington, DC (July 28, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a reply brief in the U.S. Court of Appeals for the Tenth Circuit to support its petition for full court review in the case of Aposhian v. Barr. NCLA argues that the panel majority committed legal error in its 2-1 decision denying Mr. Aposhian’s appeal challenging the ban on bump stocks issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
NCLA Resists WY Planning Commission’s Attempt to Treat Vision Document Like a Zoning Ordinance
Washington, DC (July 21, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed an opening brief in Asphalt Specialties Co., Inc. v. Laramie County Planning Commission with the Wyoming Supreme Court. NCLA is pushing back against the Laramie County Planning Commission with an appeal challenging the Commission’s unlawful decision to treat a mere “vision” document like restrictive zoning rules. The Commission did not comply with statutory requirements for zoning.