In the News

Thomas Pushes High Court to Revisit Agency Deference
Justice Clarence Thomas on Monday continued his campaign for the Supreme Court to reconsider a pair of landmark administrative law cases courts have long relied on to evaluate federal regulations. Read the full article here.

Justices Ceded Too Much Power To Agencies, Thomas Says
Justice Thomas said the court should revisit an earlier decision granting so-called Chevron deference, under which courts must defer to an agency's interpretation of its regulations if the underlying statute is ambiguous, as well as his own 2005 opinion in National...

Mark Chenoweth on The Dom Giordano Program: How politicians influence attorney general offices
NCLA Executive Director & General Counsel, Mark Chenoweth discusses how the special interest groups can influence attorney general offices and why it violates the due process requirement and ethics standards.

Court satisfied that USDA’s RFID mandate is completely withdrawn
Last week the Wyoming federal district court dismissed the lawsuit filed in October by R-CALF USA, and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox, against the U.S. Department of Agriculture and the Animal and Plant Health Inspection Service. The court...

Ranch Group Seeks Supplemental Order in RFID Case
Harriet Hageman, senior litigation counsel for the New Civil Liberties Alliance, filed a 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 motion asks the court to issue a supplemental...

Mark Chenoweth on The Lars Larson Show: SAAGs Threaten the Independence of Attorney General Offices
NCLA Executive Director & General Counsel, Mark Chenoweth discusses the growing influence of the special interest groups on attorney general offices across the U.S.

NCLA Backs Adviser’s 11th Circ. Challenge Of SEC Judges
The New Civil Liberties Alliance has thrown its support behind another challenger to the constitutionality of the U.S. Securities and Exchange Commission's administrative law judges, this time in the Eleventh Circuit. Read the full article here.

Court Satisfied RFID Mandate Completely Withdrawn
The Wyoming federal district court dismissed the lawsuit filed in October by R-CALF USA, and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox, against the U.S. Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS). Read the...

Growing Legal Pushback Against ATF’s Rules On Bump Stocks, Receivers
Is the Bureau of Alcohol, Tobacco, Firearms, and Explosives overstepping its bounds in banning bump stocks? Is the agency wrongly defining lower receivers for AR-15’s as “firearms,” and if so, what does it mean for hundreds if not thousands of cases decided over the...

Cattle Producers to Court: RFID Mandate Not Resolved
The attorney for R-CALF USA and several individual rancher-plaintiffs, who alleged in October that the U.S. Department of Agriculture (USDA) and its Animal and Plant Health Inspection Service (APHIS) violated U.S. law by attempting to force RFID technology upon the...

RFID lawsuit: Gotta have it or make it stop?
The US Dept. of Agriculture filed a motion to dismiss a lawsuit challenging the agency’s plant to implement a livestock traceability program using radio frequency identification (RFID) tags. But lawyers for the plaintiffs want the court to hear the case. Read the full...

USDA moves to dismiss lawsuit over RFID mandate
New Civil Liberties Alliance rejects agency’s attempt to dismiss case after removing guidance on radio frequency identification technology. Read the full article here.

Mark Cuban Among SEC Critics Siding With Lucia In ALJ Fight
Dallas Mavericks owner Mark Cuban and two prominent hedge fund managers are throwing their support behind former investment adviser Raymond Lucia in his latest challenge to the constitutionality of the U.S. Securities and Exchange Commission's administrative law...

CFPB Backs Funding Constitutionality As Firm Battles Probe
The Consumer Financial Protection Bureau fought back Monday against a preliminary injunction bid by a New York debt collection law firm that's accused the agency of “blatantly lawless behavior” in investigating it, painting the firm’s case as procedurally improper and...

Justices Eyeing More Challenges to Agency Deference
Federal agencies haven’t had much luck at the U.S. Supreme Court lately, but it could soon get much worse. The justices are now considering taking up two cases that could dramatically limit when courts must defer to regulators about the meaning of statutes. Read the...

Gun Enthusiast Lobbies 10th Circuit to Block Bump-Stock Ban
Machine guns are prohibited under federal law. But what about bump stocks, a plastic accessory that can make a perfectly legal semi-automatic weapon behave like a machine gun? Read the full article here.

States Urge 5th Circ. To Keep Ruling ICWA Is Unconstitutional
Texas, Louisiana and Indiana urged the full Fifth Circuit on Tuesday to reject a bid by several Native American tribes and the federal government to overturn a ruling that the Indian Child Welfare Act is unconstitutionally race-based, arguing that Congress' power to...

Beyond Chevron: The Fight to Kill Agency Independence
A new U.S. Supreme Court is giving conservative legal groups the confidence to look beyond "Chevron deference" and attack the independence of agencies like the Federal Communications Commission and Federal Trade Commission as part of their broader war on the...

Lawsuit: A federal agency answers to no one and can harass business owners into bankruptcy
A New Jersey lawyer who operates a debt-collection service has sued the Consumer Financial Protection Bureau, saying the agency is unconstitutional and has harassed her firm and its clients by seeking privileged communications. Read the full article here.

US Asks Justices to Skip Film Producers’ Tax Return Battle
The Supreme Court should decline an appeal by married movie producers who say witness testimony suffices as proof they timely mailed a tax refund request because they didn't follow IRS rules requiring supporting documentation, the U.S. has told the court. Read the...

‘Why Is My City Monitoring Me?’
Caleb Kruckenberg, an attorney with the New Civil Liberties Alliance, which is representing Canosa in his suit against Coral Gables, said he is skeptical of that claim. “In practice, what they’ve done is they’ve set up at least 30 cameras around the city, and it’s not...

Ex-Xerox Exec Loses Bid To Toss 16-Year-Old Gag Order
A New York federal judge on Monday denied a former Xerox executive's request for release from a 16-year-old gag rule in a securities case, telling him the request came far too late and didn't actually challenge the court's authority over him or make any claims of...

Harriet Hageman on CSC Radio: USDA Withdraws Unlawful RFID Guideline After NCLA Files Lawsuit

USDA Reverses Cattle-Tracking Rules After Pushback From Ranchers
A civil rights group and the Wyoming ranchers it represents are celebrating the U.S. Department of Agriculture’s decision to walk back its new cattle-tagging regulations after the ranchers challenged the rules in court. A guidance document, which has since been taken...

APHIS Clarifies Animal Disease Traceability Requirements
Last April, The U.S. Department of Agriculture’s Animal & Plant Health Inspection Service (APHIS) posted a fact sheet to provide producers with information about the agency’s guidelines and goals related to Animal Disease Traceability. Since the fact sheet was...