In the News

Should COVID-19 restrictions be left up to Massachusetts Gov. Charlie Baker or cities and towns? Supreme Judicial Court weighs arguments
Massachusetts Gov. Charlie Baker invoked the wrong law to justify his series of executive orders in response to the COVID-19 pandemic, but even if he used the correct law, he would be overstepping his authority, an attorney representing small business owners suing the...

SJC Hears Oral Arguments in Case Against Gov. Bakers Civil Defense Emergency Order

State’s top court, mulling Baker’s emergency authority, told he’s ‘turned the government upside down’
The state’s highest court is weighing a challenge to the sweeping emergency powers Governor Charlie Baker has wielded amid the pandemic, setting up a decision with potentially far-reaching effects on the scope of gubernatorial authority and the millions of lives it...

Top takeaways from SJC hearing on Charlie Baker’s pandemic powers
Gov. Charlie Baker’s power during the pandemic was first up before the SJC Friday — where “winners and losers” in the crippled economy was debated along with the Legislature appearing to surrender control to the governor. The state Supreme Judicial Court must now rule...

SJC seems wary of upending COVID-19 fight
Several Members of the Supreme Judicial Court seemed wary on Friday of upending the fight against COVID-19 during a hearing on a case challenging the sweeping powers Gov. Charlie Baker has exercised over the last seven months in dealing with the coronavirus pandemic....

Mass. Top Court Extols Gov’s ‘Darn Good Job’ In Virus Fight
Massachusetts' top court on Friday expressed skepticism that local boards of health or the Legislature could have done a better job combating the COVID-19 pandemic than Gov. Charlie Baker, casting doubt on a challenge to his sweeping emergency orders. During oral...

Baker ‘Turned The Government Upside Down,’ Attorney For Business Owners And Religious Leaders Tells Court
Did Governor Charlie Baker overstep his authority when he declared a state of emergency during the pandemic and ordered non-essential businesses to close their doors? A group representing Massachusetts businesses and organizations argued before the state’s highest...

Attorney: Legislature consented to Baker’s pandemic orders
Six months into the COVID-19 pandemic, the state’s highest court is poised to decide whether Gov. Charlie Baker’s string of executive orders were a legally appropriate response to contain the highly infectious virus or if he overstepped the authority outlined in law....

Massachusetts high court to rule if governor’s COVID-19 executive orders legally appropriate
The Massachusetts highest court is poised to decide whether Gov. Charlie Baker's string of executive orders were a legally appropriate response to contain the highly infectious virus or if he overstepped the authority outlined in law. Baker declared a state of...

Arguments Heard In Lawsuit Against Gov. Baker’s State Of Emergency
Oral arguments were heard by the state's Supreme Court Friday, in a case that pitted business owners, pastors, and educators against Massachusetts Governor Charlie Baker. The plaintiffs of the lawsuit, who represented by attorney Michael DeGrandis of the New Civil...

Landlords Are Still Trying to Evict People Even Though There’s a Federal Ban
The federal government might’ve blocked landlords from evicting scores of non-paying renters through the end of the year, but that hasn’t kept some property owners from trying to kick tenants out. In an unprecedented move earlier this month, the U.S. Centers for...

Landlord files lawsuit against CDC eviction moratorium
A landlord filed a legal challenge this week to the Centers for Disease Control and Prevention’s sweeping order suspending evictions nationwide, arguing that it was an “affront to core constitutional limits on federal power” that stripped him of his rights to access...

Virginia landlord sues to stop CDC’s nationwide ban on evictions
A lawsuit filed in federal court is seeking to halt the enforcement of a federal order that temporarily prohibits landlords from evicting tenants as a means to stop the spread of COVID-19. The lawsuit, filed on behalf of Virginia resident Rich Brown, is asking a...

Bump Stock Ban Back in Contention
Bump stocks have faded from the headlines. Most in the firearms community have been outraged that a federal administrative agency could make such a radical change in the law, as to ban items the agency previously ruled were perfectly legal, without any action by...

Federal judge hears arguments in Texas gun owner’s bump stock lawsuit
A Texas gun owner who sued the federal government over its bump stock ban argued his case in federal court Wednesday. Michael Cargill, of Austin, sued the U.S. Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2019,...

Landlord Who Claims He’s Suffering ‘Significant Economic Damages’ Sues CDC, HHS For Eviction Moratorium
A civil liberties group filed a federal lawsuit Tuesday on behalf of a landlord who alleges that a recent U.S. government eviction moratorium order will continue to cause him “significant economic damages” from unpaid rent. The Centers for Disease Control and...

Bump Stock Ruling Vacated, to Be Reheard
A federal appeals court last week vacated an earlier decision that upheld the federal government's ban on bump stocks and granted a petition for a rehearing. The U.S. 10th Circuit, based in Denver, Colorado, agreed to an en banc petition in the case of Utah gun rights...

Landlord Sues to Block CDC Ban on Evictions During Pandemic
A Virginia landlord sued the Trump administration Tuesday seeking to block the U.S. Centers for Disease Control and Prevention’s coronavirus-based ban on residential evictions. Landlord Rick Brown and his attorneys at New Civil Liberties Alliance called the CDC’s...

NCLA Challenges CDC’s Eviction Moratorium
Last week, Ilya Somin and I blogged about the Trump Administration's new eviction moratorium. The New Civil Liberties Alliance has challenged the policy, and sought a temporary restraining order in the Northern District of Georgia. The Plaintiff is from Virginia, but...

NCLA Sues IRS in Defense of Bitcoin Investors

CFPB tells Pa. judge that other courts have rejected Navient’s argument
Though its structure was found to be unconstitutional, the Consumer Financial Protection Bureau is arguing old decisions can be fixed through the process of ratification as its case against the nation’s largest student loan servicer heads toward trial. The agency’s...

Suit to Stop Governor Baker

Arguments begin Friday concerning lawsuit against Governor Baker and COVID-19 response
The Massachusetts Superior Court hears oral arguments Friday concerning a lawsuit over Governor Charlie Baker’s executive orders during the COVID-19 pandemic. At the beginning of June, the New Civil Liberties Alliance, based out of Washington D.C., filed a complaint...

POLITICAL NOTEBOOK: Yes, the primaries were chaotic — but not for reasons ever imagined
The COVID-19 pandemic was not on the radar that day last fall, but it irrevocably changed the 2020 elections, and maybe all elections moving forward. The 4th Congressional District was one of two big races to watch on Tuesday night ... and Wednesday night, and...

‘Axon’ Challenges FTC’s Preclusion of Constitutional Claims in Ninth Circuit Appeal
On July 17, the U.S. Court of Appeals for the Ninth Circuit heard argument in Axon Enterprise v. FTC, where the plaintiff, Axon, argued that it should not be precluded from bringing constitutional claims challenging the FTC’s structure and administrative processes in...