Press Releases
Federal Agencies Cannot Turn Blind Eye to Anti-Guidance Petitions
Washington, D.C. — Since July of 2018, the New Civil Liberties Alliance (NCLA) has filed 18 anti-guidance petitions to federal agencies who too often regulate through “guidance” rather than following the process that the Administrative Procedure Act (APA) mandates for ...
NCLA Files Petition with CFTC to Amend Controversial ‘Gag’ Rule
Washington, D.C. —The New Civil Liberties Alliance (NCLA) today filed a petition asking the U.S. Commodity Futures Trading Commission (CFTC) to amend its controversial “Gag” Rule. The CFTC requires settling parties to agree that they will never make any public ...
The U.S. Court of Appeals for the Ninth Circuit Should Call Out Constitutional Problems with Auer Deference
Washington, D.C. —The New Civil Liberties Alliance, a nonprofit civil-rights organization and public-interest law firm, filed an amicus brief supporting the appellant in the case of Goldwater Institute v. U.S. Department of Health and Human Services before the U.S. ...
NCLA Challenges ED’s Title IX Guidance for Campus Disciplinary Proceedings
Washington, D.C. — The New Civil Liberties Alliance today filed a Memorandum of Law opposing the Department of Education’s Motion to Dismiss the Complaint NCLA filed last fall on behalf of Dr. Mukund Vengalattore. NCLA’s client was an assistant physics professor at ...
NCLA Asks Court to Overturn SEC’s Lifetime Gag on Free Speech
Washington, D.C. — The Securities and Exchange Commission’s (SEC) “Gag” Rule is a regulation almost unique to the SEC. Since the Rule was created without notice and comment in 1972, it has managed to impact the freedom of speech of hundreds of Americans. Barry D. ...
SCOTUS Stumbles Again, Fails to Repudiate Grossly Unconstitutional Auer Deference
Court Must Stop Relying on Stare Decisis Crutch to Prop Up Problematic PrecedentWashington, D.C. — Today’s Supreme Court decision in Kisor v. Wilkie grants temporary victory to combat veteran James Kisor but nevertheless keeps Auer deference intact. Although the facts ...
TTB’s Proposed Labeling Modernization Encroaches on Free Speech Rights of Alcohol-Beverage Producers & Consumers
Washington, D.C. — The New Civil Liberties Alliance submitted a public comment today in response to the Tobacco Tax and Trade Bureau’s proposed Labeling Modernization Rule. In TTB’s attempt to reform the overly burdensome Certificate of Label Approval (COLA) system used ...
Supreme Court’s Gundy Decision Leaves Door Ajar as to Limits on Congress’ Ability to Delegate Lawmaking to the Executive Branch
Dissenters in Gundy v. United States Agree with NCLA’s Amicus Brief, Cite to NCLA ScholarsWashington, D.C. — Today, the U.S. Supreme Court handed down its decision in Gundy v. United States in which it upheld the federal government’s authority under the Sex Offender ...
NCLA Demands that Bureau of Prisons Follow the Law in Recalculating Prison Sentences for Thousands in Custody
Washington, D.C. — Robert Shipp has served his time and then some, but the U.S. Justice Department’s Bureau of Prisons (BOP) refuses to apply a statutory recalculation for “good time” credit to his sentence until July 19, 2019. The BOP has already recalculated Mr. ...
NCLA Asks Tenth Circuit to Determine Who Has the Constitutional Right to Change the Law in Bump Stock Case
Washington, D.C. — Whom does the Constitution allow to change the law when tragedy strikes? Today the New Civil Liberties Alliance filed a brief on behalf of NCLA client Clark Aposhian, asking the U.S. Court of Appeals for the Tenth Circuit to determine that it is ...
NCLA Asks Fifth Circuit Court of Appeals to Put an End to Unconstitutional SEC Hearings
Washington, D.C. — The New Civil Liberties Alliance today filed a brief with the U.S. Court of Appeals for the Fifth Circuit asking to reverse the district court’s decision to dismiss the case of NCLA’s client, Michelle Cochran, for lack of subject-matter ...
NCLA Wins Repeal of Judicial Deference Doctrine by Sixth Circuit
Washington, D.C. — Today, the full U.S. Court of Appeals for the Sixth Circuit reversed its prior decision and ordered resentencing in United States v. Jeffery Havis. In no uncertain terms, the Sixth Circuit concluded that a sentencing enhancement, contained in U.S. ...
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