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In NCLA Amicus Win, D.C. Circuit Vacates FDA Final Rule Wrongfully Regulating Practice of Medicine
Washington, DC (July 6, 2021) – “When Congress has spoken in a statute, we assume that it says what it means and that the statute means what it says,” concluded the U.S. Court of Appeals for the D.C. Circuit in an opinion today. In The Judge Rotenberg Educational Center, Inc. v. U.S. Food and Drug Administration, the…
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NCLA Commends Federal Court for Permanently Enjoining Enforcement of Tax Mandate in Ohio
Washington, DC (July 2, 2021) – A federal court ruling, filed Thursday, permanently enjoins the Secretary of the Department of Treasury from enforcing the “Tax Mandate” provision of the American Rescue Plan Act of 2021 (ARPA) against the State of Ohio. ARPA, enacted on March 11, 2021, includes the short—but constitutionally alarming—provision, which impermissibly seizes…
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SCOTUS Upholds Civil Rights Precedent Securing Free Association Rights in NCLA’s Sixth Amicus Win
Washington, DC (July 1, 2021) – In an early present to celebrate Independence Day, the U.S. Supreme Court recognized the blatant abuse of administrative power by a series of California attorneys-general in Americans for Prosperity Foundation v. Robert Bonta. Chief Justice Roberts, writing for a 6-3 Court divided along ideological lines, held that the California…
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In Another NCLA Amicus Win, Supreme Court Holds FHFA’s Leadership Structure Unconstitutional
Washington, DC (June 23, 2021) – Today, a divided Supreme Court held that the structure of the Housing and Economic Recovery Act of 2008 violated the separation of powers. The law ran afoul of the Constitution by restricting the President’s power to remove the Director of the Federal Housing Finance Agency (FHFA). The New Civil…
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In NCLA Amicus Win, Supreme Court Rules Admin. Patent Judges Are Unconstitutionally Appointed
Washington, DC (June 21, 2021) – The New Civil Liberties Alliance is celebrating an amicus win against the Administrative State in the U.S. Supreme Court case United States v. Arthrex, Inc. A divided Supreme Court on Monday vacated an earlier decision in this case by the U.S. Court of Appeals for the Federal Circuit and…
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