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Texas Federal Judge Expresses ‘Deep Concern’ with Potentially Unconstitutional ALJ Proceedings for NCLA Client
Washington, DC, March 26, 2019 — Today, the U.S. District Court for the Northern District of Texas recognized the inherent injustice in the administrative enforcement process the Securities and Exchange Commission (SEC) has issued against Michelle Cochran, a client of the New Civil Liberties Alliance (NCLA). The SEC’s administrative law judges (ALJs) lack the constitutional…
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NCLA Files Lawsuit in Texas Against the ATF’s Bump Stock Final Rule
Washington, D.C. — The New Civil Liberties Alliance (NCLA) filed a lawsuit in the U.S. District Court for the Western District of Texas, Austin Division, against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case seeks to overturn the federal ban on bump stocks and to halt its enforcement. NCLA contends that only Congress,…
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NCLA Wins Temporary Stay of Bump Stock Ban from U.S. Court of Appeals for the Tenth Circuit
Washington, DC, March 21, 2019 (GLOBE NEWSWIRE) — Today, the U.S. Court of Appeals for the Tenth Circuit issued a temporary stay of the bump stock ban announced late last year by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The stay only applies to NCLA’s client, W. Clark Aposhian, a resident of Salt Lake City,…
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NCLA Appeals Ban on Bump Stocks to the U.S. Court of Appeals in Denver
Washington, DC, March 20, 2019 (GLOBE NEWSWIRE) — The New Civil Liberties Alliance (NCLA) is asking the U.S. Court of Appeals for the Tenth Circuit to halt enforcement of the federal ban on bump stocks before it becomes effective March 26th because there is no statutory authority for the ban. NCLA expects a ruling on its emergency stay…
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D.C. Court’s Refusal to Enjoin Bump Stock Final Rule Underscores the Problem with Chevron Deference NCLA believes courts must apply the rule of lenity instead
WASHINGTON, DC (February 28, 2019)—On Monday U.S. District Judge Dabney L. Friedrich rejected preliminary injunction requests in a pair of consolidated lawsuits, Guedes v. ATF and Correa v. Barr, seeking to block the Bump Stock-type Devices Final Rule. Several other cases await decision across the country, including one brought in the District of Utah by the New Civil Liberties…
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Time for SCOTUS to Stop Deferring to Federal Agencies
Washington, D.C. — The New Civil Liberties Alliance today filed an amicus curiae brief before the U.S. Supreme Court in the Kisor v. Wilkie case. Although the facts of the case involve a dispute over veterans’ benefits, the question before the Court is whether two of its precedents, Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., should…
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