Press Releases

NCLA Wins Stay Pending Appeal from Fifth Circuit in Post-Lucia SEC Case

Washington, D.C. – It took barely a couple of hours after oral argument on the motion in New Orleans, for a panel of the U.S. Court of Appeals for the Fifth Circuit to issue an order staying the SEC’s enforcement proceedings against NCLA client Michelle Cochran. The ...

NCLA Files Petition with the U.S. Supreme Court Seeking to Abolish Brand X Deference

Washington, D.C., -- The New Civil Liberties Alliance today filed a Petition for a Writ of Certiorari with the U.S. Supreme Court seeking to overturn the so-called Brand X doctrine. Under the Court’s 2005 case, National Cable & Telecommunications Ass’n v. Brand X ...

Watch: NCLA Releases Video Addressing Urgency to Protect Americans’ Civil Liberties from the Administrative State

Washington, DC (September 19, 2019) – The New Civil Liberties Alliance released the video “How NCLA Protects Americans from the Administrative State” to commemorate two years since we opened our doors. The new video explains NCLA’s mission to protect the constitutional ...

NCLA Refutes Cornell University’s Motion to Dismiss Its Former Professor’s Title IX Lawsuit

Washington, D.C. -- The New Civil Liberties Alliance has filed a response opposing Cornell University’s Motion to Dismiss the Complaint NCLA submitted on behalf of Dr. Mukund Vengalattore last year. Professor Vengalattore, a former tenure-track physics professor at ...

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. ...

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