Recently, Justice Clarence Thomas, the author of the U.S. Supreme Court’s 2005 decision in National Cable & Telecommunications Association v. Brand X Internet Services, argued that the decision should be overruled... Read the full article here.

The New Civil Liberties Alliance today filed a lawsuit in the U.S. District Court of Rhode Island against the U.S. Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NOAA Fisheries), as well...

Judges often advise appellate lawyers to provide in their briefs a clear path to the outcome they want. The Supreme Court of the United States recently denied review in a case that exemplified that lesson yet again. In Baldwin v. United States, No. 19–402,...

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the burden of persuasion in qualified immunity cases should be on the plaintiff or on the defendant, whether the due process clause is violated when the...

President Trump promised as part of his deregulation campaign to end bureaucratic “guidance” that dodges normal rule-making. Someone should tell the U.S. Department of Agriculture as it tries to impose burdensome new cattle-identification requirements. To prevent the...

The U.S. Department of Commerce is illegally charging herring fishers for the cost of a monitoring program that measures compliance with federal fishing standards, fishers claim in a new lawsuit. Seafreeze Fleet LLC and two subsidiaries that own trawlers that fish the...

The New Civil Liberties Alliance today filed a lawsuit in the U.S. District Court of Rhode Island against the U.S. Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NOAA Fisheries), as well...

Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, recently filed a new motion in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. The new motion reveals that despite the...

Harriet Hageman, senior litigation counsel for the New Civil Liberties Alliance, filed a new motion in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. The new motion reveals that despite the U.S....

The Supreme Court has rejected an attempt to put on hold the Trump administration’s ban on bump stocks. One of the justices indicated, however, that the court will observe how lower courts handle the issue and may pick it up later. Read the full article here.

On Friday, Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, filed a new motion in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. The new motion reveals that despite...

The Supreme Court will hear opening arguments on Tuesday in the case over whether the Consumer Financial Protection Bureau (CFPB) is constitutionally structured. Read the full article here.

Motion asks judge to require USDA to make more robust effort at notifying states and others that RFID mandate has been withdrawn. Read the full article here.

Thousands ordered masks that let them unlock their phones during outbreaks. But this viral art project doesn’t just work with surveillance technology—it works against it, too. Read the full article here.    

Once upon a time, America was free. Now, it’s not so free. And this story out of Coral Gables, Florida, about a man’s court fight to rid his community of a privacy-dinging, constitutionally questionable automated license plate reader program, helps explain why. Read...

OK, so we all know we live in a surveillance society nowadays -- or do we? Caleb Kruckenberg is an attorney who's litigating a case against automated license plate readers. And you will not believe what the government's doing now. This is one of the most important...

Harriet Hageman, NCLA Senior Litigation Counsel, warns that even though USDA withdrew the unlawful Factsheet requiring to tag cattle with RFID technologies, the internal practices which had led to the controversial requirements in the first place should be probed for...

Initiating a conversation about RFID is nearly as combustible as broaching your opinion about universal healthcare – at Thanksgiving dinner at your new in-laws who do not share your political affiliation.  It leaves an edge in the air that makes any meal fairly...

According to a lawsuit filed in the U.S. District Court for the Southern District of New York, The New Civil Liberties Alliance (NCLA) is alleging that Congress unlawfully divested its legislative appropriations power when it gave CFPB the ability to draw funding...

NCLA Executive Director & General Counsel, Mark Chenoweth, describes the situation where the employees in state attorney general offices are paid by a private organization or individual as a violation of the due process requirement.  

Justice Clarence Thomas offered the latest signal of his appetite to rein in the power of federal agencies, criticizing a long-standing legal principle that federal agencies commonly rely on to defend their regulatory decisions. Read the full article here.

The Supreme Court let stand an appeals ruling that precluded a tax refund to movie producers Howard and Karen Baldwin, deferring to an Internal Revenue Service regulation that ended the common-law mailbox rule for refund claims, even though Justice Clarence Thomas...

NCLA Executive Director & General Counsel, Mark Chenoweth, comments on an enormous due process problem for targets of enforcement actions from state attorney general offices filled with special assistants on private payrolls.  

The Supreme Court rejected a case involving the producers behind the 2004 movie “Ray,” about the life of musician Ray Charles, involving their fight with federal officials over the rule for assessing the timeliness of a tax filing. Read the full article here.

Justice Clarence Thomas on Monday sharply criticized his own majority opinion in a 15-year-old telecommunications case and an underlying decision that says courts must give deference to agencies interpreting their own regulations, urging his colleagues to reconsider...