Press Releases

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 the U.S. Sentencing Guidelines (U.S.S.G.).

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 adjudication system in the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). 

Broad Alliance of Financial Services and Public Interest Groups File Petition for Rulemaking Challenging SEC’s Unlawful Regulation by Enforcement

Washington, DC (April 29, 2020) – The need for our government to set forth consistent, predictable rules has never been greater, and the Securities and Exchange Commission (SEC) is no exception. Over the last year, the SEC has used its enforcement authority, rather than its rulemaking authority, to change longstanding, widespread, and previously uncontroversial business practices in the mutual fund space.

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 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 constitutional arguments for rejecting judicial deference and reaffirming the judiciary’s fundamental role outlined in the Constitution to say what the law is.

NCLA Amicus Brief Asks Supreme Court to Hear Tariffs Case to Revise Its Standard for Delegation-Doctrine Claims

Washington, DC (April 27, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed an amicus curiae brief in support of the American Institute for International Steel, Inc. AIIS has filed a petition seeking a Writ of Certiorari from the U.S. Supreme Court in American Inst. for International Steel, Inc. v. U.S., claiming that a tariff law improperly divests legislative power from Congress to the President—NCLA agrees.

NCLA Will Appeal NLRB ALJ’s Decision in FDRLST Satirical Tweet Case

Washington, DC (April 23, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights organization will appeal Wednesday’s decision by a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) to a full Board in the case of FDRLST Media LLC and Joel Fleming.

Two NCLA Amicus Briefs in Third and Tenth Circuits Challenge Judicial Deference to U.S. Sentencing Commission’s Guidelines Commentary

Washington, DC (April 22, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group today filed amicus briefs in two similar cases, U.S. v. Malik Nasir and U.S. v. Daniel Lovato, urging federal courts to re-examine those circuits’ treatment of “Stinson Deference.”

Ten Amici Curiae Join NCLA’s First Amendment Challenge to SEC’s Gag Rule

Prominent First Amendment scholars and public interest groups filed in support of NCLA’s opening brief at the U.S. Court of Appeals for the Second Circuit urging the Court to hear the case of NCLA client Barry D. Romeril, the former Chief Financial Officer of Xerox, against the U.S. Securities and Exchange Commission (SEC).

NCLA Challenges Constitutional Flaws in Arizona Dep’t of Child Safety’s Administrative Process

Washington, DC (April 15, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a reply brief today in Maricopa County Superior Court on behalf of client Phillip B.  NCLA’s brief exposes inherent problems with DCS’s (Arizona Department ...

NCLA Warns FDA’s Over-regulation Will Adversely Affect Public Health During Crisis

Washington, DC (April 14, 2020) – If we’ve learned anything from the COVID-19 pandemic, it is that federal agencies that overstep their authority hinder the health and safety of Americans. Other recent regulatory actions by the Food and Drug Administration (FDA) threaten to ...

NCLA Takes Former Xerox CFO’s Case Against SEC ‘Gag Rule’ to Second Circuit Court of Appeals

Washington, DC (April 13, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed its opening brief Friday in the U.S. Court of Appeals for the Second Circuit on behalf of client Barry Romeril, the former Chief Financial Officer of ...

NCLA Sues USDA for Violating Federal Advisory Committee Act in Developing RFID Tech Mandate

Washington, DC (April 6, 2020) – The New Civil Liberties Alliance, a nonpartisan nonprofit civil rights group, filed an amended complaint today against the U.S. Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS) for violations of the ...

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