In the News

Parents Defend Electric Shock as Extreme Tool for Extreme Cases
The D.C. Circuit appeared set Friday to reverse a federal ban on electric-shock devices, which are used to treat self-injurious or aggressive behavior in only one facility in the entire nation: the Judge Rotenberg Educational Center in Massachusetts. From Mother...

Justices Resolve Circuit Split on Challenges to Judge Appointments
WASHINGTON (CN) — The Supreme Court ruled Thursday that Social Security applicants who challenge the appointment of administrative law judges are not required to first bring those claims to the agency before taking their case to court. The six individuals who brought...

Supreme Court Slams Brakes on FTC’s Fraud-Recovery Options
WASHINGTON (CN) — Overturning a nearly $1.3 billion injunction against a race car driver convicted of payday-lending fraud, the Supreme Court on Thursday took away what the Federal Trade Commission has called “one of its most important and effective enforcement...

Supreme Court Rolls Back FTC Restitution Power
The U.S. Supreme Court on Thursday gutted the Federal Trade Commission's power to seek federal court orders forcing bad marketplace actors to pay restitution, shutting down a critical tool the FTC uses to recover money from scammers and antitrust violators. In a...

Corey Friedman: A Comeback for Campus Kangaroo Courts?
Whether or not Mukund Vengalattore dated a graduate student under his supervision, Cornell University failed him and his accuser when it, as Vengalattore says, passed judgment without properly investigating the claim. After the grad student filed a 2014 sexual...

Crypto User Appeals Dismissal of Suit Over IRS Records Grab
A man whose cryptocurrency records were seized through an IRS summons is appealing a ruling that dismissed his lawsuit without addressing his core claims. James Harper argued that the John Doe summons—which demands information from a third party about an unnamed...

The History of Court-Packing
NCLA's Senior Litigation Counsel John Vecchione joins the "Thom Hartmann Program" on SiriusXM Progress 127 to debate the recent proposals to change the number of Supreme Court Justices and the history of court-packing. Key points: • For 150 years, we have had nine...

Lawsuits Threaten Future Of CDC Eviction Moratorium
The wave of litigation challenging the eviction moratorium issued by the U.S. Centers for Disease Control and Prevention is resulting in disparate rulings across the country, prompting divergent applications and casting uncertainty on the moratorium's future. The...

The Court-Packing Bill and Biden’s SCOTUS Commission Are Weapons to Intimidate Current Justices
NCLA's Senior Litigation Counsel John Vecchione joins Steve Gruber’s “The Voice of Reason” on WJIM to discuss the recent court-packing proposals. Key takeaways: • The court-packing bill has an intimidating effect on the current justices. Even if the bill goes nowhere,...

Court-Packing Violates the Civil Liberties of Every American
NCLA's Executive Director and General Counsel Mark Chenoweth joins "The Larry Elder Show" with guest-host Jennifer Horn on KRLA AM 870 to discuss the reality of the recent court-packing proposals. Key takeaways: • The court-packing bill has an intimidating effect on...

The Future of Title IX under Biden’s Administration
NCLA's Senior Litigation Counsel Harriet Hageman joins “The Laura Coates Show" on SiriusXM P.O.T.U.S., channel 124, to discuss the changes to Title IX under the Biden Administration. Key takeaways: • Title IX was never designed to address the allegations of sexual...

Department of Education Guidance under New Biden Administration
NCLA's Litigation Counsel Caleb Kruckenberg joins "Richmond's Morning News" with John Reid to discuss the recent changes in Title IX policy by the Biden administration. Key takeaways: • The Obama administration sent around a guidance document that told colleges to...

Commission on Court-Packing
NCLA's Executive Director and General Counsel Mark Chenoweth joins "The Drew Mariani Show" to discuss President Biden's executive order that has created a commission to report on possible changes to the Supreme Court's membership, jurisdiction and lifetime terms. Key...

The Changes to Title IX Policy
NCLA's Senior Litigation Counsel Harriet Hageman joins "The Charlie James Show" to discuss the changes to Title IX under the Biden Administration. Key takeaways: • Since the "Dear Colleague" letter, our schools and universities have been taking an approach to Title IX...

NJ Landlords Fight Back: Lawsuit Challenges Murphy Executive Order
Last spring when the pandemic was raging and many New Jersey workers lost their jobs, Gov. Phil Murphy suspended the right of landlords to evict tenants. Murphy also signed executive order No. 128, forcing landlords to use their tenants’ security deposits toward rent...

Landlords Claim CDC Eviction Moratorium Is Hurting Them
RICHMOND, Va. -- Landlords across the country are saying the Center for Disease Control and Prevention (CDC)'s eviction moratorium that was recently extended to protect tenants struggling to make rent is starting to hurt them. For this reason, a civil rights...

Landlords Struggle Under Extended CDC Eviction Ban, Class-Action Lawsuit Argues
(The Center Square) – Landlords are struggling after the U.S. Centers for Disease Control and Prevention (CDC) extended a national ban on certain evictions apparently to slow the spread of COVID-19. The CDC extended the moratorium, first enacted in Sept. 2020, through...

The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes
Two years ago, peaceful, law-abiding gun owners across the country became felons overnight, thanks to the Trump administration's ban on bump stocks. But as the U.S. Court of Appeals for the 6th Circuit recognized last week, Congress alone has the authority to define...

NCLA’s Class-Action Lawsuit Against the CDC
NCLA's Senior Litigation Counsel John Vecchione joins "The Bill Meyer Show" on AM 1440 KMED to discuss NCLA's class-action lawsuit against the CDC's unlawful eviction moratorium. Key takeaways: • The CDC does not have the ability to stop your access to state court....

Insights Into the Administrative State
NCLA's Executive Director and General Counsel Mark Chenoweth joins "The Michael Berry Show" on News Radio 740 KTRH to discuss how the Administrative State violates the Constitution and the avalanche of executive orders seen in the first few months of the Biden...

The CDC Keeps Extending Its Illegal Eviction Ban
The Centers for Disease Control and Prevention (CDC) is extending its controversial eviction moratorium, which was set to expire Wednesday, through the end of June. The order, signed by CDC Director Rochelle Walensky, prevents tenants earning up to $99,000 ($198,000...

Why Is Congress Giving Its Powers Away?
If he were alive today, James Madison would probably be most surprised and dismayed by one feature of today’s government — the willingness of Congress to cede its unique constitutional authorities to the executive branch. This both compromises and defeats the...

Ranch Group Declares Another Victory in Fight to Stop Mandatory Radio Eartags
Earlier this week, the U.S. Department of Agriculture’s animal health agency, the Animal and Plant Health Inspection Service (APHIS) announced it would not implement its July 5, 2020, Federal Register Notice. The notice would have required the use of radio frequency...

APHIS Takes Step Back On Cattle Producers’ RFID Mandate
USDA’s Animal and Plant Health Inspection Service announced it would not implement its July 5, 2020 Federal Register Notice that would have required the use of radio frequency identification eartags on all adult cattle and bison moved in interstate commerce beginning...

USDA Walks Back Eartag Mandate
USDA Animal and Plant Health Inspection Service announced on Wednesday it is pulling back on mandating the use of radio frequency identification eartags on cattle and bison in interstate commerce. It will instead use the rulemaking process for any future action...