NCLA Takes Tariff Battle to SCOTUS
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The Supreme Court will fast-track review of two challenges to President Trump’s emergency tariffs—V.O.S. Selections, Inc. v. Trump and Learning Resources, Inc. v. Trump—with oral arguments set for November 5th. NCLA filed the first lawsuit in the nation against these unlawful tariffs and continues to represent small businesses devastated by them. Beyond leading its own cases, NCLA has filed amicus briefs supporting the challengers in both matters now before the Court. We will urge the Justices to strike down the tariffs, protect the separation of powers, and confirm that the President cannot exceed the tariff authority granted by Congress. We have also convened a call for other interested amici, held a briefing call for reporters, and anticipate providing communications support to the parties.
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Bureaucrats vs. BASE Jumpers
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What happens when unelected bureaucrats turn recreation into a crime? The National Park Service has made BASE jumping in national parks a federal offense—without any act of Congress. That means law-abiding athletes face fines, probation, even prison for strapping on a parachute and leaping off a cliff. NCLA’s 100th case challenges this unconstitutional delegation of criminal lawmaking, reminding courts that only Congress—not agencies—gets to define crimes. Watch this YouTube Short featuring NCLA Litigation Counsel Casey Norman to learn more!
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Reeling in NOAA’s Unlawful Rule
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NCLA has appealed to the First Circuit to strike down NOAA’s mandate forcing New England fishermen to pay for at-sea government monitors. The district court wrongly upheld the program, brushing aside the Supreme Court’s Relentless ruling that agency silence does not create new powers. Congress never authorized these costly contracts, yet NOAA continues to enforce the Herring Rule and IFM Amendment. If left standing, this scheme could spread to other industries, forcing regulated parties to bankroll federal regulators.
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SEC Drops Lemelson Case Amid NCLA Fight
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NCLA is fighting to end the SEC’s unconstitutional “follow-on” adjudications against Rev. Fr. Emmanuel Lemelson. After a Massachusetts jury rejected nearly all of SEC's claims, the agency sought to punish him again before one of its own ALJs. NCLA has asked the D.C. Circuit to reinstate our lawsuit pressing courts to enforce Jarkesy v. SEC and ensure securities fraud prosecutions go to Article III courts with juries. In response to NCLA’s motion, SEC has now dismissed its in-house case against Fr. Lemelson, marking a major step toward restoring due process and the rule of law.
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Court Urged to Rein in EPA
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NCLA has asked the full D.C. Circuit to rehear Choice Refrigerants v. EPA, challenging the agency’s unconstitutional control over the hydrofluorocarbons market. A panel ruling upheld EPA’s decision to slash Choice’s market share, deferring to the agency in defiance of Loper Bright and Relentless. NCLA argues Congress cannot hand unchecked market power to bureaucrats without clear limits. The AIM Act gave EPA no guidance in distributing allowances, leading to arbitrary allocations—including to a patent-infringing foreign competitor. The en banc court should correct these errors and restore constitutional limits on agency power.
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Unlawful Contractor Rules Exposed
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For nearly 60 years, DOL has forced government contractors into costly reporting and compliance schemes that Congress never approved. NCLA is urging the agency to rescind this unconstitutional program and acknowledge that Executive Order 11246 was never valid law. Neither presidents nor agencies have power to legislate, and relying on the Procurement Act decades later is no fix. Ending this unauthorized OFCCP system would clarify contractors’ obligations and reinforce Congress’s sole lawmaking authority.
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State Dept. Ends Censorship Scheme
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The U.S. State Department has confirmed it is dismantling the remnants of its Global Engagement Center, a program NCLA challenged for blacklisting American media outlets. Acting Under Secretary Darren Beattie admitted the initiative “devolved into tools for political censorship,” validating NCLA’s lawsuit on behalf of The Daily Wire and The Federalist. This marks the first public acknowledgment that the GEC continued exceeding its mandate by targeting domestic voices several months into this year. NCLA will continue pressing to ensure the government cannot sidestep the First Amendment under the guise of combating “disinformation.”
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NCLA Seeks Review in Newman Case
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NCLA has petitioned the D.C. Circuit for en banc review in Newman v. Moore, challenging the unlawful suspension of Federal Circuit Judge Pauline Newman. A panel dismissed the case on jurisdictional grounds but admitted its precedent in McBryde was likely wrongly decided, effectively inviting further review. Judge Newman has been barred from hearing cases for more than two years without due process, in an unprecedented campaign that threatens judicial independence. NCLA is urging the full court to overrule McBryde and restore Judge Newman to the bench.
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Challenging SEC’s Lifetime Gag
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NCLA has petitioned the Ninth Circuit for en banc rehearing in Powell v. SEC, pressing the court to strike down the agency’s unconstitutional “Gag Rule.” For over 50 years, SEC has imposed lifetime bans on nearly every enforcement target, forbidding them from truthfully criticizing their cases. The panel decision upholding this rule ignored key arguments, misread precedent, and created circuit splits. NCLA is urging the full court to end this unlawful muzzle and restore First Amendment protections.
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PCAOB’s Secret Tribunals Challenged
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NCLA has asked the D.C. District Court to stop the Public Company Accounting Oversight Board’s unconstitutional disciplinary prosecutions. PCAOB, staffed by private citizens with no lawful appointments, runs secret, juryless tribunals that can impose million-dollar fines and career-ending bans on accountants. These proceedings lack Article III judges, bypass juries, and operate without Congressional oversight of funding. NCLA’s brief urges the court to shut down this “extra-constitutional stew” and restore due process and accountability.
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NCLA is urging the Supreme Court to overturn the Fourth Circuit’s ruling in West Virginia v. B.P.J., which wrongly extended Title IX protections to gender identity. Congress enacted Title IX under its Spending Clause authority, which requires clear notice to States of any conditions tied to federal funding. But Congress never indicated that Title IX covered gender identity—only biological sex. The Court should restore the statute’s plain meaning, protecting women based on sex, not gender identity.
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Time’s Up for Stinson Deference
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NCLA is asking the Supreme Court to hear Raymond Poore v. United States and end the unconstitutional deference created in Stinson v. United States. For decades, courts have deferred to the Sentencing Commission’s commentary—even when it rewrites the Sentencing Guidelines and lengthens prison terms without Congressional approval. After last year’s victory ending Chevron deference, NCLA now urges the Court to strike down Stinson deference and protect judicial independence in criminal sentencing.
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NCLA’s work is making headlines. Bloomberg Law covered NCLA’s challenge to the federal ban on BASE jumping in Yosemite, raising a key nondelegation question. National Review reported on the State Department dismantling its censorship apparatus after revelations from NCLA’s litigation. E&E News highlighted our appeal against EPA’s unlawful HFC cap-and-trade scheme and UPI featured NCLA’s fight against unlawful Trump-era tariffs.
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NCLA is seeking to immediately hire multiple Senior Litigation Counsel to join our growing team of constitutional litigators. With landmark victories at the U.S. Supreme Court, including overturning Chevron deference, we have already proven the difference bold lawyering can make. We are looking for experienced trial and appellate attorneys who are eager to run their own cases, engage with media, and shape the future of constitutional law. If you are ready to help us “save democracy from the bureaucracy,” we want to hear from you!
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