In the News

CDC Makes Final Residential Eviction Moratorium Extension
The Centers for Disease Control and Prevention on Thursday extended its moratorium on residential evictions for one month, but said it expects the latest extension to be its last. The moratorium, which has been in place for upward of a year, had been set to expire...

Make University Administrators Pay and Watch Things Change
Virginia’s public universities are getting sued—and Virginia’s citizens are paying the price. This needs to change. Read the full article

In Arthrex, Justices Deal New Blow To Agency Independence
The U.S. Supreme Court's Monday decision in U.S. v. Arthrex Inc . stripping administrative patent judges of final decision-making authority is a bombshell for the intellectual property world, but experts say it also blunts Congress' efforts to keep politics out of...

High Court Powers Up Fannie-Freddie Case Hinged on Presidential Powers
Congress designed the Federal Housing Finance Agency in violation of separation-of-powers rules, the Supreme Court ruled Wednesday, putting wind in the sails of a shareholder class action against Fannie Mae and Freddie Mac implicating billions of federal dollars....

Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?
The Supreme Court issued a split 5-4 decision earlier today, in which a plurality of the Court agreed with the U.S. Court of Appeals for the Federal Circuit (CAFC) that the structure of the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA) has...

We Still Can Bring Civil Liberties Lawsuits and Establish Precedent Against Lockdowns
NCLA Litigation Counsel Jenin Younes joins “Save the Nation" on Newsmax TV to discuss Governor Cuomo's abuse of power, violations of civil liberties in New York, and whether it is possible to establish a legal precedent against lockdowns for the future.

Philip Hamburger on Court Packing
During the 2020 election campaign, Joe Biden and the Democratic Party floated the idea of “court packing” — adding Justices to the Supreme Court. The call for court reform was a response to Amy Coney Barrett’s nomination following the death of Justice Ruther Bader...

Is the Federal Ban on Evictions Expiring Too Soon? It Depends Who You Ask
Whether you’re a renter or a real estate investor, you probably have intense feelings about the upcoming end to the federal government's ban on evictions. On June 30, the eviction moratorium put in place last September by the Centers for Disease Control and Prevention...

CDC’s Unlawful Eviction Moratorium Puts Problem Squarely on Shoulders of Property Owners
NCLA Litigation Counsel Caleb Kruckenberg joins “The Steve Gruber Show” on 1240 WJIM to discuss NCLA's case against CDC’s unlawful eviction moratorium. The unlawful order, meant to curb the spread of Covid-19, has hit mom-and-pop housing providers across...

Strong Due Process Protections Are Essential for the Protection of Vulnerable Campus Groups
Former James Madison University faculty member and speech coach Alyssa Reid was accused by her former female partner of a “non-consensual relationship.” Reid eventually was held responsible for violating the university’s Title IX policy. Read the full article

Charter captains file federal suit over GPS, reporting rule
A group of charter boat captains have won class-action status for their lawsuit challenging new reporting requirements, including a mandate requiring them to allow federal agencies to monitor 24-hour GPS devices on their boats. The rule, which has since been delayed...

Supreme Court Says Philadelphia Can’t Cut Ties With Catholic Foster Care Group
The Supreme Court ruled unanimously Thursday the city of Philadelphia committed religious discrimination when it refused to place foster children through a Catholic foster care agency that does not work with gay couples. Philadelphia ended its contract with Catholic...

U.S. Supreme Court ruling provides hope in ongoing fight for religious liberty
The U.S. Supreme Court ruled Thursday that the city of Philadelphia violated the First Amendment rights of a foster care agency that refused to place children in homes with same-sex couples. The unanimous ruling provided hope for religious organizations that are...

CDC’s Unlawful Eviction Moratorium Puts Problem Squarely on Shoulders of Property Owners
NCLA Litigation Counsel Caleb Kruckenberg joins “The Steve Gruber Show” on 1240 WJIM to discuss NCLA's case against CDC’s unlawful eviction moratorium. The unlawful order, meant to curb the spread of Covid-19, has hit mom-and-pop housing providers across the...

Gulf of Mexico charter operators fight back against lawsuit mandating electronic monitoring
A week after receiving class-action status in its lawsuit against the U.S. Department of Commerce, NOAA, and NOAA Fisheries, a nonpartisan civil rights group has filed an amended lawsuit regarding NOAA Fisheries plan to monitor charter boats in the Gulf of Mexico....

Suit challenging new charter boat rules OK’d as class action
Six captains and five companies from Florida and Louisiana can represent others in a lawsuit challenging new federal regulations for nearly 1,300 charter boats across the Gulf of Mexico, a federal judge has ruled. U.S. District Judge Susie Morgan certified the suit...

Charter boat captains win class action certification against federal government
Charter boat captains in Southwest Florida and around the Gulf are now part of a class action lawsuit against a federal agency over mandatory electronic monitoring. Last year, the National Oceanic and Atmospheric Administration’s marine fisheries created the For-Hire...

No ‘Twitter Exception’ for Federalist Publisher, NLRB Argues
The National Labor Relations Board defended before a federal appeals court its decision that the publisher of the conservative online magazine The Federalist illegally threatened employees when he tweeted he would send them “back to the salt mine” if they tried to...

Deja Vu as Ed Department Once Again Revisits the Contentious Landscape of Title IX
Reversing the rule could “once again force schools to deprive accused students and faculty of constitutionally guaranteed safeguards like the right to confront the evidence used against them,” said Caleb Kruckenberg, an attorney with the New Civil Liberties Alliance....

Intent Behind ‘Salt Mine’ Tweet Irrelevant, NLRB Tells 3rd Circ.
The National Labor Relations Board on Monday pooh-poohed a Third Circuit challenge by The Federalist's publisher against the agency's order to delete a tweet saying he would send employees "to the salt mine" if they unionized, arguing that the company's claim the...

CDC eviction ban reaches Supreme Court; Atlanta case a vital piece in Covid debate
A lawyer handling the federal appeal in Atlanta of the CDC eviction moratorium on tenants during the Covid pandemic said Friday he holds little hope the Supreme Court will use a case it received Thursday to stop the moratorium. “I doubt it will be successful, I hope...

Defending Constitutional Freedoms With Caleb Kruckenberg Of The NCLA
Caleb Kruckenberg is litigation counsel for the New Civil Liberties Alliance (NCLA) and joins the show to discuss the importance of navigating the judicial system in defense of citizen rights. Before joining NCLA, Caleb represented clients at both the trial and...

Department of Education Has No Authority to Change Way American History Is Taught in Public Schools
NCLA Senior Litigation Counsel Peggy Little joins “The Voice of Reason” with Andy Hooser on KQAM to discuss NCLA's recent comment objecting to the Department of Education’s “Proposed Priorities – American History and Civics Education.”

Department of Education Cannot Control Curriculum Through Grants and Aid
NCLA Senior Litigation Counsel Peggy Little joins “The Steve Gruber Show” on 1240 WJIM to discuss NCLA's recent comment objecting to the Department of Education’s “Proposed Priorities – American History and Civics Education.”

Sun Cities residents waiting for water ruling
The newest development in the case was an amicus brief filed with the Supreme Court by the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group. The brief, in support of petitioners in SCHOA v. ACC, asked the Arizona Supreme Court to interpret the...