Press Releases
NCLA Asks the U.S. District Court for the District of Columbia Not to Assume the FEC’s Role
Washington, DC (May 22, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief today in the U.S. District Court for the District of Columbia in Campaign Legal Center v. Federal Election Commission. The Campaign Legal Center alleges the Federal Election Commission has taken no action on an administrative complaint CLC filed and that FEC’s “failure to act” is “contrary to law.”
NCLA Asks Third Circuit to Put an End to CPSC’s Unconstitutional Pay-Per-View Law Scheme
Washington, DC (May 18, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed an opening brief today in the U.S. Court of Appeals for the Third Circuit on behalf of client Lisa Milice against the U.S. Consumer Product Safety Commission (CPSC). NCLA is helping Milice, a new mother, challenge CPSC’s practice of keeping consumer product safety standards hidden behind a private paywall.
NCLA’s Joint Amicus Brief in 9th Cir. Challenges Decision Rejecting Constitutional Claims Versus FTC
Washington, DC (May 12, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed a joint amicus brief in the United States Court of Appeals for the Ninth Circuit in Axon Enterprise Incorporated v. Federal Trade Commission, et al. The brief filed in conjunction with TechFreedom, a public policy think tank based in Washington, DC, asks the Court to reverse...
NCLA Brief Asks U.S. Supreme Court to Recognize How Deference Has Compromised Judicial Independence and Due Process in Case over Funding of Children’s Hospitals
Washington, DC (May 11, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, submitted an amicus brief to the U.S. Supreme Court today in support of the petition for a writ of certiorari filed by a group of children’s hospitals from around the country. NCLA believes the D.C. Circuit Court of Appeals erred in reversing the district court’s decision in this case...
NCLA Amicus Asks Full 2d. Cir. Bench to Course-Correct Wayward Panel’s Fair Housing Act Decision
Washington, DC (May 8, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed an amicus brief late last night in the U.S. Court of Appeals for the Second Circuit in Donahue Francis v. Kings Park Manor, Inc., et al., on rehearing en banc.
Tenth Circuit Disregards Its Own Precedent in Appeal of Denied Challenge to ATF’s Bump Stock Ban
Washington, DC (May 7, 2020) – Today, the U.S. Court of Appeals for the Tenth Circuit invoked the Chevron doctrine to deny NCLA client Clark Aposhian’s appeal of his challenge to ATF’s bump stock ban in a 2-1 vote. Mr. Aposhian, who last spring was the “last man in America” to own a legal bump stock, thinks that only Congress should be able to ban bump stocks.
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.
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