In the News
Remote Minnesota Worker Joins Lawsuit Challenging Biden Vaccine Mandate
A Minnesota resident is suing the Biden administration in a class action lawsuit regarding the president’s executive order mandating employees of federal contractors and subcontractors receive the COVID-19 vaccine. New Civil Liberties Alliance announced Tuesday that...
The Two COVID Questions Before the Court
The Supreme Court has agreed to take up two vaccine mandate cases -- the one involving OSHA and the one for health care workers (CMS). A third mandate, aimed at federal contractors, remains in a kind of legal limbo. The temporary injunction granted by a Georgia judge...
Council Authorizes License Plate Readers, Cameras
The Town of Fort Myers Beach Council has authorized Town Manager Roger Hernstadt to contract with Flock Safety to purchase six automatic license plate recognition cameras, which will cover the Matanzas Pass Bridge, Big Carlos Pass Bridge and give the town two mobile...
Axon Says New Circuit Split Allows High Court Review Of FTC
Police body camera maker Axon Enterprise Inc. says it finally has the circuit split needed to justify Supreme Court review of its constitutional challenge to the Federal Trade Commission's structure and authority, telling the justices a recent Fifth Circuit decision...
Republicans Urge Justices Against EPA Power Sector Shift
Nearly 100 congressional Republicans have asked the country's highest court to rule that the Environmental Protection Agency does not have the authority to carry out a transformation of the U.S. power section from coal to renewable energy... Read the full article
Creating Circuit Split, Fifth Circuit Rules District Court May Hear Constitutional Challenge to SEC Enforcement Action
On Dec. 13, 2021, an en banc panel of the Fifth Circuit held that the Securities Exchange Act of 1934 (Exchange Act) does not preclude federal district courts from exercising subject matter jurisdiction over constitutional challenges to the statutory removal...
Lesh Fires His Attorney, Seeks To Appeal Conviction in Keystone Snowmobile Case
...Meanwhile, in a separate but related action, Lesh is working with a nonprofit group based in Washington, D.C., to appeal his conviction on grounds that it was allegedly unconstitutional. Lesh contacted the New Civil Liberties Alliance on Nov. 29 to explore an...
Lawsuit for Natural Immunity Waiver Against MSU COVID Vaccine Mandate Faces Uncertain Future
A lawsuit against Michigan State University over a policy that forces employees to get a COVID vaccine even if they have natural immunity has lost a few battles in court — but the war is not over yet. “We are not throwing in the towel,” said Jenin Younes, litigation...
Federal Appeals Court Upholds Bumpstock Ban
Opponents of the bump stock ban were dealt another setback in court on Tuesday. A three-judge panel for the Fifth Circuit Court of Appeals rejected a challenge to the 2019 rule banning the sale or possession of bump stocks. In its ruling, the court found that the ATF...
Courthouse Steps Oral Argument Litigation Update: American Hospital Association v. Becerra
On Tuesday, November 30, 2021, the Supreme Court heard oral argument in American Hospital Association v. Becerra. One of the certified questions asks the Court to revisit the famed Chevron doctrine which has been subjected to much criticism since its implementation....
Full Fifth Circuit Rules for Accountant Challenging SEC Judge Protections
Siding with a Texas accountant accused of violating accounting standards, the full Fifth Circuit ruled that the administrative law judge presiding over her enforcement proceeding was unconstitutionally protected from removal... Read the full article
High Court Told Law Barring Fraud Coverage Is Constitutional
A Starr Insurance unit urged the U.S. Supreme Court not to take up a challenge to a Ninth Circuit ruling on the constitutionality of a California law that prevents insurers from defending claims over alleged violations of the state's unfair competition and false...
Creating a Split, En Banc 5th Circuit OKs Court Challenge to SEC Proceeding
A Texas accountant named Michelle Cochran and her lawyers from the New Civil Liberties Alliance pulled off a remarkable feat on Monday: They persuaded the en banc 5th U.S. Circuit Court of Appeals to split with five other federal circuits and allow Cochran to bring a...
Full 5th Circ. Reopens Challenge To SEC Judges’ Removability
The full Fifth Circuit on Monday ruled that an accountant can proceed with her claims that the U.S. Securities and Exchange Commission's in-house judges are unconstitutionally protected from removal, teeing up a circuit split... Read the full article
The Crisis That Didn’t Happen: How Dems Got It Wrong About Ending the COVID-19 Eviction Ban
The flood of evictions that politicians and housing advocates desperately warned of has yet to materialize three months after the Supreme Court revoked the Biden administration’s COVID-19 eviction ban. Eviction filings remain below pre-pandemic levels despite dire...
1st Circ. May Revive Suit Over IRS Crypto Doc Seizure
The First Circuit suggested a New Hampshire man is able to sue the IRS to keep the government from getting its hands on his cryptocurrency records, saying during oral arguments Wednesday that the law preventing such suits doesn't apply when there's no tax penalty at...
Cryptocurrency Expert Tells Court IRS ‘Fishing Expedition’ Violates Privacy Rights
A federal appeals court on Wednesday signaled it may allow a bitcoin user to challenge the Internal Revenue Service's seizure of his financial information from Coinbase Global Inc and other virtual currency exchanges, in a case that could have broad implications for...
Federal Monitoring Push Stokes Battle With Gulf Fishermen
If NOAA gets its way, Allen Walburn will soon be forced to keep electronic monitors on his three charter fishing boats to follow their every move, a requirement that he likens to criminal defendants forced to wear ankle bracelets. “I don’t want people knowing where...
Judge Blocks Vaccine Mandates for Healthcare Workers
NCLA Litigation Counsel Jenin Younes joins "The Buck Sexton Show" on WFMD-AM to discuss the block to the Biden Administration's vaccine mandate for healthcare workers by a federal judge.
Galveston Judge Rejects Federal Workers’ Bid To Halt COVID Vaccine Mandate
A judge in Galveston has denied a bid from a group of federal workers seeking an injunction to halt enforcement of the White House’s COVID-19 vaccination mandate, saying they had natural immunity from having been infected with the virus... Read the full article
Medicare Case Could Let Justices Rein in Federal Agencies
The U.S. Supreme Court wrestled with a healthcare dispute that could end up with courts once and for all leaving federal agencies with less deference on thorny questions across all areas of law. Tuesday’s oral argument focused on a technical question in a Medicare...
Court Finds Federal Tax Cut Ban Unconstitutional
An Alabama federal court has invalidated the “Tax Cut Ban” provision of the American Rescue Plan Act of 2021. As a result of the ruling in State of West Virginia, et al. v. United States Department of the Treasury, et al., the Treasury is enjoined from enforcing the...
SEC Sued for Approving Nasdaq’s “Racist, Sexist” Board Diversity Rules
The National Center for Public Policy Research has filed a lawsuit against the U.S. Securities & Exchange Commission (SEC) over the SEC’s approval of the Nasdaq Stock Market’s board diversity rules, which require Nasdaq-listed companies to either establish board...
Decentralized Revolution—Ep. 67
Jenin Younes talks about her career as a public defender in New York, how and why she became the “Lefty Lockdown Skeptic” on Twitter, and her work fighting for civil liberties in the new landscape of the last couple of years.
South Florida Cities Use License Plate Readers To Track Drivers, Search for Criminals
Wherever you drive in South Florida, there’s a good chance you are being watched, your license plate and movements recorded and stored away for future use. “Everybody’s license plate is being scanned and everybody’s license plate geo-positioned and time of day is...