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…

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…

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…

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…

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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