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In NCLA Amicus Win, Fifth Circuit Upholds Permanent Block on Treasury’s Illegal State Tax Cut Ban
Washington, DC (June 26, 2024) – Late yesterday, the U.S. Court of Appeals for the Fifth Circuit affirmed a permanent injunction in States of Texas, Mississippi, Louisiana v. Yellen, shutting down the American Rescue Plan Act’s (ARPA) Tax Cut Ban condition that required the States to surrender their ability to decrease state taxes on their citizens…
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NCLA Asks Ninth Circuit to End SEC’s Illegal Gag Rule Against Targets of Settled Enforcement Cases
Washington, DC (June 18, 2024) – Last night, the New Civil Liberties Alliance filed an opening brief in Powell, et al. v. SEC, asking the U.S. Court of Appeals for the Ninth Circuit to vacate SEC’s refusal to amend its “Gag Rule.” NCLA represents SEC enforcement targets silenced by the Gag Rule and media organizations…
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NCLA Asks Supreme Court to Force U.S. Patent Office Back to Using Notice-and-Comment Rulemaking
Washington, DC (June 17, 2024) – The New Civil Liberties Alliance has filed an amicus curiae brief urging the Supreme Court to hear Chestek PLLC v. Vidal and stop the U.S. Patent and Trademark Office from eschewing notice-and-comment rulemaking. PTO should not be issuing rules that profoundly affect the economy without public input or considering…
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NCLA Asks Eighth Circuit to Vacate SEC’s Unconstitutional New Climate Disclosure Rules
Washington, DC (June 17, 2024) – The New Civil Liberties Alliance has filed a joint opening brief in National Center for Public Policy Research v. SEC, urging the U.S. Eighth Circuit Court of Appeals to set aside new SEC rules requiring public companies to make extensive climate-related disclosures. NCLA’s challenge to the SEC rules is…
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In NCLA’s Bump-Stock Ban Case, U.S. Supreme Court Rules ATF Cannot Alter a Statute’s Meaning
Washington, DC (June 14, 2024) – Today, the U.S. Supreme Court ruled 6-3 in the New Civil Liberties Alliance case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF’s regulatory ban, which the U.S. Court of Appeals for the Fifth…
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In NCLA Amicus Win, Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard
Washington, DC (June 13, 2024) – The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law. Justice Thomas authored the Court’s opinion. Justice Jackson provided…
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