In the News
Texas’ lawsuit claiming US helped censor conservative news can proceed
... Peggy Little, a lawyer for the media outlets at the New Civil Liberties Alliance, in a statement said the group "looks forward to expedited discovery on this unlawful weaponization of government resources and power." ... For the Daily Wire and The Federalist:...
Federal Judge Slaps Down Biden Administration’s Attempt To Dismiss Daily Wire Censorship Lawsuit
In a court order Tuesday, a U.S. District judge rejected the Biden State Department’s attempts to dismiss a censorship lawsuit brought by The Daily Wire, The Federalist, and the State of Texas. The Daily Wire lawsuit, filed jointly by the New Civil Liberties Alliance...
Cape Gazette joins suit against SEC gag rule
The Cape Gazette has teamed up with a former Rehoboth Beach financial advisor, the New Civil Liberties Alliance, and nine others in a court appeal to end a federal gag rule. In action filed in the U.S. Court of Appeals for the Ninth Circuit, petitioners contend a...
Washington DC’s 500 Most Influential People of 2024
Here’s our list of the experts and advocates, outside the government, who are playing big roles in Washington’s policy debates. Our nation’s capital is full of people who aren’t elected but who shape the laws and policies that govern our nation and ultimately affect...
Meet the Lawyers Taking Big Government to the Supreme Court—And Winning
As the administrative state implements more regulations on Americans, a team of legal veterans has come together to fight the expansion of unelected government agency power. Sometimes, they even win. The New Civil Liberties Alliance (NCLA), which consists of a team of...
SEC Critics Preview Future Challenges To Agency Action
The U.S. Securities and Exchange Commission may face new challenges to its enforcement authority from the way it imposes industry bars to the burden of proof needed to bring its civil cases, two frequent legal opponents of the agency said Tuesday. Russ Ryan, senior...
Supreme Court to hear Starbucks case about fired pro-union employees
On Tuesday, the Supreme Court will hear Starbuck’s appeal of a judge’s decision requiring the company to rehire a group of seven pro-union employees. The case involves a group of Starbucks employees who worked at a store in Memphis, known as the “Memphis Seven.” In...
SEC hit with new lawsuit alleging ‘mass surveillance’ of Americans through stock market data
The Securities and Exchange Commission (SEC) is illegally collecting data of every citizen who invests in the stock market, according to a new lawsuit. The New Civil Liberties Alliance (NCLA) filed the suit Tuesday against the SEC claiming that the agency, through its...
Newman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves Mental Fitness
The U.S. Supreme Court today reversed an en banc decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in which Judge Pauline Newman dissented, a development Newman’s lawyers say belies CAFC Chief Judge Moore’s opinion that Newman is mentally unfit to...
Lawsuit Seeks To Stop The SEC’s Decade-Long Assault On Your Investment Data And Basic Rights
A new lawsuit exposes an extreme and multifaceted disregard for the Constitution by the administrative state. The Securities and Exchange Commission unconstitutionally mandated the seizure of data of every purchase or sale of securities in the U.S. markets, a lawsuit...
OPINION: The Securities and Exchange Commission Is Watching You
The Securities and Exchange Commission is deploying a massive government database—the Consolidated Audit Trail, or CAT—that monitors in real time the identity, transactions and investment portfolio of everyone who invests in the stock market. As SEC...
Doctors Say MSU Vax Mandate Suit Needs High Court Review
Three doctors urged the U.S. Supreme Court to take up a case challenging Michigan State University's vaccine mandate after the Sixth Circuit backed the suit's dismissal, arguing that the circuit court should have applied a stricter standard when considering whether...
Biden Details Student Loan ‘Plan B’ as He Woos Young Voters
President Joe Biden offered details of a sweeping alternative student debt plan that would offer relief to tens of millions of American borrowers during a visit to the college town of Madison, Wisconsin, as he seeks to excite young voters frustrated after his original...
96-year-old judge cites colleagues’ ‘pattern of harassment’ in bid to preserve lawsuit
April 5 (Reuters) - U.S. Circuit Judge Pauline Newman asked a Washington, D.C., federal court on Friday to reject a bid from her fellow judges on the U.S. Court of Appeals for the Federal Circuit to end her lawsuit over their decision to suspend her from the bench......
Facing Court Challenges, Vow of Congress To Reverse, SEC Pauses Implementation of Climate Disclosure Regulation
The Securities and Exchange Commission is pausing implementation of a rule that would have forced companies to disclose their climate impact, citing court cases challenging the legality of the administrative action. “The Commission has discretion to stay its rules...
A Look At Recent Challenges To SEC’s Settlement ‘Gag Rule’
The settlement policy of the U.S. Securities and Exchange Commission does not allow settling while denying the allegations the commission has brought against the defendant or respondent... Mike Blankenship is a partner and Regina Maze is an associate at Winston &...
Anonymous Audit Firm Sues PCAOB to Block ‘Excessively Intrusive and Burdensome’ Investigative Demand
... The firm is represented by Dickinson Wright PLLC, as well as the New Civil Liberties Alliance (NCLA), an organization that is also involved in separate John Doe challenges to the PCAOB in Tennessee and Washington, D.C.... Read the full article
Abridging, Not Coercing, Is The First Amendment’s Yardstick for Speech Violations
Philip Hamburger, a professor at Columbia, is the CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs in Murthy v. Missouri. Hamburger wrote the following post in response to a post at Volokh by Ilya Somin: Is coercion the First...
Government Was ‘Going After Lawful Speech,’ Which First Amendment Explicitly Forbids: NCLA President
The Supreme Court on Monday heard arguments in what is being called the “most consequential” First Amendment case in America’s history. The attorneys general of Missouri and Louisiana, and five individuals, claim that federal officials violated their First Amendment...
Supreme Court to Hear Arguments in Biden Admin’s Censorship of Social Media Posts
Oral Arguments are set for March 18 before the Supreme Court in a case that accuses the Biden Administration of a censorship-by-proxy scheme. ... Read the full article
FAQs re Murthy v. Missouri
Philip Hamburger asked me to post these FAQs about Murthy v. Missouri. Philip is CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs in Murthy. I am on the NCLA's board. PHILIP HAMBURGER: Next Monday, the Supreme Court will hear...
New SEC Climate Rules Likely To Come Under Intense Scrutiny as an Example of ‘Regulatory Overreach’
‘The SEC has turned into a ‘regulate everything’ agency,’ one critic of the new rules says. New rules from the Securities and Exchange Commission requiring companies to report their greenhouse gas emissions are poised to unleash a wave of litigation against what...
‘Vindictive Operation’: Oldest Federal Judge Speaks Out Against Colleagues’ Effort To Remove Her From The Bench
... Newman passed examinations by two medical professionals, though the judicial council dismissed their validity, according to the New Civil Liberties Alliance... Moore’s order last year quickly sparked due process concerns: should the judges who are accusing Newman...
‘John Doe’ Tennessee Accountant Challenges PCAOB’s Enforcement Powers
... The unnamed Tennessee accountant is represented by the New Civil Liberties Alliance (NCLA), a group that is also representing a separate anonymous plaintiff who filed a similar suit against the PCAOB last year in Texas. The Supreme Court is slated to weigh in on...
Pennsylvania lawyer says professionalism rules violate First Amendment
... Other amicus briefs were filed by the Manhattan Institute and the New Civil Liberties Alliance. Read the full article