NCLA filed an amicus brief in U.S. v. Daniel Lovato, urging the federal court to re-examine the circuit’s treatment of “Stinson Deference.” The case presents an opportunity for the U.S. Court of Appeals for the Tenth Circuit to join a growing chorus of circuits...

NCLA filed an amicus brief in U.S. v. Malik Nasir, urging the federal court to re-examine the circuit’s treatment of “Stinson Deference.” The case presents an opportunity for the U.S. Court of Appeals for the Third Circuit to join a growing chorus of circuits...

NCLA filed an amicus curiae brief in the U.S. District Court for the District of Arizona in support of Axon Enterprise Inc. in the body camera company’s fight to keep its constitutional claims against the U.S. Federal Trade Commission (FTC) in federal court. NCLA’s...

NCLA asks the Arkansas Supreme Court to stop judges in the state from giving “great deference” to the Department of Finance and Administration in a post-2009 Arkansas tax procedure case. Granting “great deference” to an agency’s statutory interpretations violates both...

In this case, NCLA is particularly disturbed that the Ninth Circuit Court of Appeals has willfully opted out of deciding a matter as simple—but gravely consequential— as whether it is unconstitutional for a police officer to use the cover of a search warrant to steal...

NCLA states that in adopting the Affordable Care Act (ACA), Pub. L. 111-148 (2010), Congress improperly delegated to the administrative state the power to write laws governing the conduct of health insurance providers. Administrative agencies responded to that...

In this case, NCLA takes issue with the United States Department of Agriculture’s (“USDA”) use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers. NCLA represents clients before the Fifth, Ninth, and Eleventh Circuits who are...

NCLA filed an amicus brief in support of the petitioners’ request for a Writ of Certiorari from the U.S. Supreme Court in Monex Deposit Company, et al. v. Commodity Futures Trading Commission. In this case, CFTC is testing the furthest reaches of judicial deference to...

This case is particularly important to NCLA. It is disappointed that three judges on the Fifth Circuit would eschew their fundamental duty “to say what the law is” and defer to agency interpretations of statutes under the Chevron doctrine. In doing so, NCLA believes...

It is undisputed that the “disgorgement” remedy appears nowhere in the SEC’s enabling statutes. History reveals that the disgorgement remedy was created and expanded by an strategic enforcement and litigation process allowing SEC to arrogate to itself powers not...

The precedent of this Court does not compel an out- come for either side. Although decisions such as Humph- rey’s Executor v. United States, 295 U.S. 602 (1935), and Morrison v. Olson, 487 U.S. 654 (1988), approved statutes that insulate administrative officers from...

Brackeen v. Bernhardt Amicus Brief in Support of the Plaintiffs-Apellees' Petition for Rehearing En Banc NCLA is particularly disturbed that the federal judges presiding over this action eschewed their fundamental duty "to say what the law is," Marbury v. Madison, 5...

Damien Guedes, et al., vs. ATF, et al. Amicus Brief in Support of Petitioner for Writ of Certiorari Chevron deference is bad enough on its own, for it unconstitutionally requires judges to abandon their independent judgement and, where the government is a party,...

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of the PetitionersThe question presented in this case is whether the holding of NAACP v. Alabama ex rel. Patterson will be applied to modern state attorneys-general who compel disclosure of...

Brief of the New Civil Liberties Alliance in Support of the EmployersThis case will address what Title VII of the Civil Rights Act of 1964 means by prohibiting employment discrimination “because … of sex.” Specifically, the Supreme Court will answer whether that...

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Plaintiff-Appellant and ReversalThe Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional...

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of the Petitioner The Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional requirements for an...