Press Releases

ATF Admits It Lacked Authority to Issue Legislative Rule, NCLA Condemns the Agency’s Attempt to Ban Bump Stocks Anyway

Washington, D.C. – Congress has not prohibited bump stocks, but the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has made them illegal with a Final Rule issued without statutory authority. In a noteworthy development, ATF’s latest court filing admits that ...

NCLA Urges New York State Education Department to Do Away with Proposed Unconstitutional Regulations on Nonpublic Schools

Washington, D.C. – The New Civil Liberties Alliance has submitted a public comment in response to the New York State Education Department’s (NYSED) proposed regulation, Substantially Equivalent Instruction for Nonpublic School Students, urging the Department to withdraw ...

NCLA Asks Fifth Circuit to Recognize Jurisdiction Over Challenges to Unconstitutional Tribunals

Washington, D.C. – The New Civil Liberties Alliance (NCLA) is asking the U.S. Court of Appeals for the Fifth Circuit to reverse the district court decision to dismiss the Cochran v. SEC case for lack of subject-matter jurisdiction. NCLA’s reply brief on behalf of ...

NCLA Questions Constitutionality of Arizona Department of Child Safety’s Administrative Proceedings

Washington, D.C. – The New Civil Liberties Alliance is taking a case to right a wrong committed by the Arizona Department of Child Safety (DCS). A core principle of the American justice system holds that defendants are considered innocent until proven guilty. But under ...

NCLA Asks Supreme Court to Renounce ‘Great Deference’ to EEOC Interpretations

Washington, D.C. -– Today, the New Civil Liberties Alliance filed an amicus curiae brief supporting the employers in three consolidated cases scheduled for oral argument before the U.S. Supreme Court on October 8:  Bostock v. Clayton Co., Georgia; Altitude Express, Inc. ...

Federal Agencies Cannot Turn Blind Eye to Anti-Guidance Petitions

Washington, D.C. — Since July of 2018, the New Civil Liberties Alliance (NCLA) has filed 18 anti-guidance petitions to federal agencies who too often regulate through “guidance” rather than following the process that the Administrative Procedure Act (APA) mandates for ...

NCLA Files Petition with CFTC to Amend Controversial ‘Gag’ Rule

Washington, D.C. —The New Civil Liberties Alliance (NCLA) today filed a petition asking the U.S. Commodity Futures Trading Commission (CFTC) to amend its controversial “Gag” Rule.  The CFTC requires settling parties to agree that they will never make any public ...

The U.S. Court of Appeals for the Ninth Circuit Should Call Out Constitutional Problems with Auer Deference

Washington, D.C. —The New Civil Liberties Alliance, a nonprofit civil-rights organization and public-interest law firm, filed an amicus brief supporting the appellant in the case of Goldwater Institute v. U.S. Department of Health and Human Services before the U.S. ...

NCLA Challenges ED’s Title IX Guidance for Campus Disciplinary Proceedings

Washington, D.C. — The New Civil Liberties Alliance today filed a Memorandum of Law opposing the Department of Education’s Motion to Dismiss the Complaint NCLA filed last fall on behalf of Dr. Mukund Vengalattore. NCLA’s client was an assistant physics professor at ...

NCLA Asks Court to Overturn SEC’s Lifetime Gag on Free Speech

Washington, D.C. — The Securities and Exchange Commission’s (SEC) “Gag” Rule is a regulation almost unique to the SEC. Since the Rule was created without notice and comment in 1972, it has managed to impact the freedom of speech of hundreds of Americans. Barry D. ...

SCOTUS Stumbles Again, Fails to Repudiate Grossly Unconstitutional Auer Deference

Court Must Stop Relying on Stare Decisis Crutch to Prop Up Problematic PrecedentWashington, D.C. — Today’s Supreme Court decision in Kisor v. Wilkie grants temporary victory to combat veteran James Kisor but nevertheless keeps Auer deference intact. Although the facts ...

TTB’s Proposed Labeling Modernization Encroaches on Free Speech Rights of Alcohol-Beverage Producers & Consumers

Washington, D.C. — The New Civil Liberties Alliance submitted a public comment today in response to the Tobacco Tax and Trade Bureau’s proposed Labeling Modernization Rule. In TTB’s attempt to reform the overly burdensome Certificate of Label Approval (COLA) system used ...

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