The Department of Justice, representing the IRS, has responded to pushback on its motion to dismiss the ongoing James Harper v. Charles P. Rettig, et al. lawsuit over allegations by Harper that the IRS violated his constitutional rights. Harper’s case may have...

WASHINGTON (Sinclair Broadcast Group) — President Joe Biden extended the nationwide pause on evictions through March 31 as one of his first official actions and he aims to extend it further through the end of September in the American Rescue Plan, a proposal pushed...

NCLA Litigation Counsel, Caleb Kruckenberg, joins the Florida Round Table on Real Radio 104.1 FM to discuss the CDC's unlawful eviction moratorium.

The Court of Federal Claims wrongly dismissed a couple's tax refund claim after deferring to IRS regulations on what constitutes an on-time filing, and the Federal Circuit should reverse the ruling, the court was told. Regulations governing how the Internal Revenue...

NCLA's Executive Director and General Counsel, Mark Chenoweth, joins The Lars Larson radio show to address how Biden's Title IX orders will impact women's sports.    

The 10th Circuit Court of Appeals in Denver heard oral arguments on Wednesday in a case challenging the federal government’s ban on bump stocks. The lawsuit involves complex-sounding legal principles like the Chevron doctrine and the rule of lenity, but the plaintiff...

SALT LAKE CITY — A federal ban on a plastic accessory that makes a semi-automatic weapon work like a machine gun remains at issue as a Utah gun enthusiast continues to press his case to overturn the rule. A lawyer for Clark Aposhian and a government attorney faced...

A Utah man’s legal challenge to the federal ban on bump stocks was reheard by the 10th U.S. Circuit Court of  Appeals on Wednesday. Much of the discussion was about whether the The Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority when it...

(CN) — The last man in America to legally own a bump stock asked the en banc 10th Circuit on Wednesday to allow him to keep the device — which turns a firearm into a machine gun of sorts — until the federal lawsuit challenging the legality of the devices has been...

Housing groups and think tanks have filed legal documents supporting the owners of New York’s rent stabilized apartments in their fight against 2019 rent laws they believe are unconstitutional. The so-called amicus briefs back the Community Housing Improvement Program...

Caleb Kruckenberg, Litigation Counsel for NCLA, joined host Ryan Wrecker on Overnight America to analyze the power of the CDC and the potential for fast-approaching and dangerous overreach.

Newly inaugurated President Joe Biden signed 17 executive orders, memorandums and proclamations on Wednesday afternoon, aiming to set the direction of his administration as well as undo various policies of the previous one. Two will have particular ramifications in...

Law360 (January 20, 2021, 8:41 PM EST) -- Forcing an accountant to argue her challenge about the constitutionality of the U.S. Securities and Exchange Commission's administrative law judges in front of the same ALJ that heard her case is "disturbing and illogical,"...

Caleb Kruckenberg, Litigation Counsel for NCLA, joined host Charlie James to discuss the CDC Eviction Moratoriums and Biden's plan to extend them.  

The U.S. Securities and Exchange Commission settles the overwhelming majority of its enforcement actions, most with consent decrees where the defendant “neither admits nor denies” wrongdoing.[1] The SEC has publicly defended its use of “neither admit nor deny”...

The New York Times has reviewed "a memo circulated on Saturday by Ron Klain, his incoming White House chief of staff" about President-Elect Biden's flurry of executive actions for January 20: They include rescinding the travel ban on several predominantly Muslim...

Law360 (January 11, 2021, 11:29 AM EST) -- The U.S. Supreme Court said Monday it would not take up another challenge to the constitutionality of U.S. Securities and Exchange Commission administrative law judges, rejecting a case from a former investment adviser who...

As of January 9, 2021, Governor J.B. Pritzker's administration extended a version of the statewide ban on residential evictions until February 6, 2021.  This reprieve is welcomed by certain Illinois renters facing severe financial shortfalls due to the economic...

Imagine your amateur softball league has a bylaw that all umpires must be hired by the league commissioner. Before a big game, some emergency umps‐​for‐​hire pile out of a van and start officiating without the commissioner’s approval. You’re skeptical, but it’s...

Caleb Kruckenberg, NCLA Litigation Counsel, speaks on Stacy on the Right on Sirius XM about the CDC’s Eviction Moratorium.  

In the wake of Arthrex’s initial merits brief, amicus briefs in support of Arthrex’s position were filed December 29th and 30th. In the Arthrex cases (docketed as 19-1434), the parties have persuaded the Supreme Court to review a decision by the Federal Circuit...

Law360 (January 3, 2021, 12:02 PM EST) -- President-elect Joe Biden may need to flex his administration's regulatory muscle to fulfill many of his ambitious campaign pledges, a strategy that could run headlong into a conservative U.S. Supreme Court wary of...

James Madison once said that the concentration of all government powers in one branch is “the very definition of tyranny.” Yet, today, administrative agencies regularly exercise all three of those powers. They issue rules with the force of law. They enforce laws. And...

Law360 (December 16, 2020, 4:43 PM EST) -- New Jersey Gov. Phil Murphy and members of his cabinet were hit with a lawsuit Tuesday by a group of landlords challenging his executive order allowing tenants to use their security deposits to cover back rent during the...

When it comes to a public-health crisis of this magnitude, you can’t fight city hall — in this case the state’s chief executive officer. As expected, the state’s highest court last week upheld Gov. Charlie Baker’s exercise of emergency powers enacted in response to...