Press Releases

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.

NCLA Rejects NLRB General Counsel’s Approach to The Federalist’s Satirical Tweet Case

Washington, DC (July 21, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed two different papers in the last 24 hours in Joel Fleming v. FDRLST Media, LLC. The papers include a response to the NLRB general counsel’s cross exceptions as well as a reply brief in support of the exceptions NCLA filed in response to the April 22nd decisionissued by Administrative Law Judge (ALJ) Kenneth W. Chu.

NCLA’s Joint Amicus Brief Challenges Calif.’s Levying of Multimillion-Dollar Fines Without Due Process

Washington, DC (July 20, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a joint amicus brief today in the California Court of Appeal, Second Appellate District in the case of Lent, et al. v. California Coastal Commission, et al. Warren and Henny Lent are challenging the multimillion-dollar penalty the California Coastal Commission (CCC) imposed against them under section 30821 of the California Coastal Act in violation of their due process rights.

NCLA Suit Challenges Lack of Due Process Hearing in Suspension from USDA Crop Insurance Program

Washington, DC (June 17, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, today filed a brief in opposition to the Motion to Dismiss submitted by the Department of Agriculture (USDA), the U.S. Risk Management Agency (RMA), and the respective heads of those entities. NCLA clients Kevin Gubbels and Insure My Honey, Inc. are contesting the efforts of the agencies to summarily and indefinitely suspend his participation and that of his company’s insurance agents in the federal crop insurance program without due process.

NCLA Disputes CFPB Enforcement Action on Ground that Agency Is Unconstitutional post-Seila Law

Washington, DC (July 16, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a response last night to an order to show cause in Bureau of Consumer Financial Protection v. Law Offices of Crystal Moroney, P.C. in the U.S. District Court for the Southern District of New York. NCLA is challenging the Consumer Financial Protection Bureau’s (CFPB) unconstitutional manner of being funded and its Director’s doomed attempts to ratify her own prior actions, taken while her authority to act was unconstitutional.

NCLA Stands up for Bitcoin Investors in Suit Against IRS for Unlawful Seizure of Private Financial Data

Washington, DC (July 15, 2020) – This Tax Day, New Hampshire resident James Harper filed a lawsuit against the Internal Revenue Service (IRS) along with his tax return. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, represents Mr. Harper in James Harper v. Charles P. Rettig, et al. before the United States District Court for the District of New Hampshire. Mr. Harper’s “crime”? Holding a bitcoin wallet.

NCLA Amicus Argues for Honoring Veterans By Doing Away with Chevron Deference

Washington, DC (July 13, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief today in the U.S. Court of Appeals for the Federal Circuit challenging the lower court’s biased ruling in favor of the U.S. Department of Veterans Affairs (V.A.) in Thomas H. Buffington v. Robert L. Wilkie, Secretary of Veterans Affairs.

Watch: NCLA Video Exposes Flawed Administrative Review Process at AZ Dep’t of Child Safety

Washington, DC (July 11, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, released a video today featuring the case of Phillip B. v. Mike Faust and Arizona Department of Child Safety. The video highlights the plight of NCLA client Phillip B. (whose name has been redacted to preserve his anonymity under court rules), who is challenging the decision of the Arizona Department of Child Safety (DCS) to place his name on the Central Registry of child abusers before he had exhausted state-court appeals.

Little Sisters Supreme Court Decision Preserves Religious Liberty but Does Not Reach Delegation Issue

Washington, DC (July 8, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, commends today’s U.S. Supreme Court decision upholding the religious liberty of Catholic nuns in the Little Sisters of the Poor v. Pennsylvania case. The Court ruled 7-2 in favor of the Little Sisters, holding that the religious exemption rule issued by the U.S. Department of Health and Human Services did not violate...

NCLA, Gov. Baker File Petition Asking Mass. Supreme Judicial Court to Hear Civil Defense Act Case

Washington, DC (July 2, 2020) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a joint petition with Governor Charlie Baker and the Attorney General’s Office to transfer the case of Dawn Desrosiers, et al. v. Governor Charles D. Baker from Worcester Superior Court to the Supreme Judicial Court. The petition asks the Court to decide whether Governor Baker’s March 10, 2020 Civil Defense State of Emergency declaration and the ensuing emergency orders responding to the coronavirus pandemic are lawful exercises of gubernatorial authority.

NCLA Bemoans Pennsylvania Supreme Court’s Approval of Governor Wolf’s Rule by Executive Decree

Washington, DC (July 1, 2020) – The Supreme Court of Pennsylvania issued its decision today in Tom Wolf v. Joseph B. Scarnati, et al. in support of Governor Wolf. The court never even allowed oral argument in this very significant matter of state constitutional interpretation.

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