In the News

Health Officials Visit Apex Entertainment After Mask Complaints
Marlborough health officials have visited Apex Entertainment three times this summer following complaints about violations of the state mask mandate. The complaints come on top of a state-ordered shutdown of the arcade at Apex in July. Health inspectors visited Apex...

Healey defends Baker’s COVID-19 crisis actions
With the Supreme Judicial Court expected to hear arguments in a little over a week over a lawsuit challenging Gov. Charlie Baker’s COVID-19 executive orders, Attorney General Maura Healey has filed a lengthy defense of the governor and the legality of his actions to...

SEC Judges Once More Under Attack At Supreme Court
The constitutionality of U.S. Securities and Exchange Commission judges is back at the U.S. Supreme Court with a fresh appeal from the New Civil Liberties Alliance, a small-government group that wants the justices to greenlight a federal lawsuit taking aim at the...

The Arizona State Supreme Court adopts The New Civil Liberties Alliance’s proposed changes to court rules
The New Civil Liberties Alliance [NCLA], a nonpartisan, nonprofit civil rights group, announced that the Arizona Supreme Court "adopted verbatim" an NCLA-drafted amendment to the court's Judicial Review of Administrative Decisions Rules making it easier for litigants...

GUEST COLUMN: Tracking charter vessels unlawful and unconstitutional
The U.S. government is trying to force charter boats and companies that take customers fishing and sightseeing in the Gulf of Mexico to purchase a vessel monitoring system. Federal agencies will use the VMS tracking devices to monitor boats’ movements and whereabouts...

Baker defends emergency orders under Civil Defense Act
Gov. Charlie Baker filed a court brief on Friday defending his use of a 1950 Civil Defense Law to declare a COVID-19 state of emergency, equating the virus to the “natural causes” referenced in the law and pointing out that the Legislature has not balked at his use of...

New DOJ interim rule codifies terms of Brand memo
The U.S. Department of Justice (DOJ) unveiled two interim final rules intended to deal with enforcement activities in connection with policies enunciated over the past four years, including the so-called Brand memo, which banned federal prosecutors from using federal...

Appeals court sides with SEC in constitutional claim
Lawyers for Michelle Cochran, a CPA in Texas who originally settled an SEC enforcement action for allegedly skirting PCAOB audit standards, vow a fight to the U.S. Supreme Court over their client's continuing claims that the Commission's ALJ system remains...

Adi Dynar on Rush to Reason regarding NCLA’s lawsuit representing a cryptocurrency owner who is suing the IRS

Charter boat captains file class-action lawsuit against NOAA for ‘intrusive rule’
In July the National Oceanic and Atmospheric Administration announced a rule that won’t take effect until January. It will require charter boat captains to buy and maintain a GPS tracking system on their boat. “We spend a lot of time and effort out there trying to...

Tyranny of the Unaccountable State
Help arrived in the form of the New Civil Liberties Alliance, a nonprofit set up by legal scholar Philip Hamburger that defends constitutional rights against overreach by the administrative state. The NLRB proposed a settlement: I delete the joke, I post information...

Broker-Dealer Says SEC Overstepping In Sham Cos. Suit
The U.S. Securities and Exchange Commission is pushing a "radical expansion" of its rules in accusing a broker-dealer and a transfer agent of assisting a scheme to create sham companies and sell free- trading stock to the public, the two businesses told a Florida...

Charter captains challenge new NOAA rule with class action suit
A group of charter boat captains around the Gulf Coast filed suit Friday against the federal government claiming a new digital reporting rule is an overreach. Allen Walburn, a Naples charter captain and an original plaintiff in the class action suit, said the new rule...

Administrative Procedures Act called out for obsolescence, legislative repair
The U.S. Administrative Procedures Act (APA) has proven controversial for device makers in that the associated requirements for rulemaking have been the subject of regulatory end-runs, by some accounts. The Department of Justice (DOJ) said in an Aug. 11 statement,...

NY federal district court grants CFPB petition to enforce CID ratified by Director Kraninger
On August 18, Judge Kenneth M. Karas of the Southern District of New York, granted the CFPB’s petition to enforce a civil investigative demand that it issued to the Law Offices of Crystal Moroney prior to the U.S. Supreme Court’s Seila Law decision and that was...

Interview with Jared McClain on WTIC-AM regarding the Carmen’s Corner Store v. SBA case

Judge lets CFPB demand records from N.J. lawyer despite SCOTUS ruling
A key U.S. Supreme Court ruling wasn't enough to convince a federal judge to strike down a federal agency’s investigation of a New Jersey lawyer who operates a debt-collection service and has spent three years and $80,000 fighting. New York judge Kenneth Karas on Aug....

Norfolk rep endorses suit against ‘King Baker’ over ‘slippery slope’ of government overreach during coronavirus pandemic
A Norfolk state representative says he supports a lawsuit against what he calls Gov. Charlie Baker’s “overreach” in response to the coronavirus pandemic. Rep. Shawn Dooley, R-Norfolk, said his comments are “not necessarily attacking the quarantine, the restrictions,...

Split 5th Circ. Tosses Accountant’s Suit Against SEC Judges
A split panel of Fifth Circuit judges on Tuesday threw out a suit brought by an accountantwho alleged the U.S. Securities and Exchange Commission's in-house judges are unconstitutionally protected from removal. Two of the three judges on the panel agreed that Michelle...

Civil Liberties Group, Former Xerox Officer Challenge SEC’s Long-standing Settlement ‘Gag’ Rule
For years Barry Romeril, the former chief financial officer of Xerox, has yearned to speak out about massive accounting-fraud charges leveled against him and his company by the SEC in 2002, say his lawyers at the New Civil Liberties Alliance. But weeks after the SEC...

Faces of the American Freedom Initiative’s Administrative Abuse Project: Howard and Karen Baldwin
FreedomWorks recently announced the launch of the American Freedom Initiative (AFI), a collaboration headed by former acting U.S. Attorney General Matt Whitaker. This project aims to help relieve injustices committed against Americans under the criminal justice system...

Coronavirus Litigation: The Week In Review
Universities are pushing back on students' claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when...

NCLA and Gov. Charlie Baker Head to State Supreme Court Over Unlawful COVID-10 Exec. Orders

Plaintiffs File Brief in Challenge to Baker Shutdown Executive Orders
The Fiscal Alliance Foundation released the following statement today following the plaintiff’s filing of briefs in the case Dawn Desrosiers, et al. v. Governor Charles D. Baker, the lawsuit challenging the constitutionality of Governor Charlie Baker’s executive...

Doctors sue feds for access to hydroxychloroquine to treat COVID-19
A conservative physician group opposed to government interference in medicine is trying to use litigation to free up millions of doses of hydroxychloroquine in government stockpiles, joining other plaintiffs who hope to convince courts to reverse COVID-19 policies...