NCLA

NCLA Plans to Sue CPSC over Comm’r Trumka’s Illegal Efforts to Stop Sales of Weighted Sleep Sacks

Retrieved on: 
목요일, 5월 9, 2024
NCLA, Blanket, Bias, CDC, Richard Trumka, Research, Parent, Infant, Documentation, CPSC, Commissioner, Death, Letter

Commissioner Trumka issued disparaging statements to the general public and to retailers creating the false impression that the company’s wearable infant sleep sacks have caused infant deaths.

Key Points: 
  • Commissioner Trumka issued disparaging statements to the general public and to retailers creating the false impression that the company’s wearable infant sleep sacks have caused infant deaths.
  • NCLA warns CPSC and Trumka to preserve all documentation and internal and external communications related to Dreamland, determined to stop this illegal attack on the company.
  • Dreamland Baby founder and CEO Tara Williams created the company’s first weighted wearable sleep blanket sack for her own son when he was an infant.
  • Trumka is a repeat offender abusing his office, and it is long past time for CPSC to rein him in.”

NCLA Defeats Motion to Dismiss, Wins Expedited Discovery in Suit Alleging State Dept. Censorship

Retrieved on: 
수요일, 5월 8, 2024
NCLA, GEC, Democracy, News, State, The Daily Wire, Freedom, Speech, NewsGuard, Federalist, District court, Court, Marketing, Advertising, First, Organization, Constitutional right

NCLA looks forward to revealing the true depth of this egregious censorship regime via expedited discovery, and to stopping the State Department from abridging Americans’ civil liberties.

Key Points: 
  • NCLA looks forward to revealing the true depth of this egregious censorship regime via expedited discovery, and to stopping the State Department from abridging Americans’ civil liberties.
  • The State Department’s censorship regime violates the First Amendment rights of The Daily Wire, The Federalist, numerous similar outlets, and their readers.
  • Expedited discovery will enable our clients to win a preliminary injunction enjoining Defendants’ unconstitutional and ultra vires conduct.
  • The expedited discovery ordered today will allow NCLA to bring to light the government’s unconstitutional conduct—and put a halt to it.”

NCLA Lawsuit Seeks to Set Aside the Department of Labor’s Unlawful New Independent Contractor Rule

Retrieved on: 
금요일, 4월 26, 2024
NCLA, Congress, Appointments Clause, Senate, Colt, District court, FLSA, Classification, Ministry of Labour, Judgement, Management

Representing the family-owned company Colt & Joe Trucking, NCLA asks the court to overturn this rule, which leaves small businesses like theirs completely unable to hire independent contractors without risking FLSA liability.

Key Points: 
  • Representing the family-owned company Colt & Joe Trucking, NCLA asks the court to overturn this rule, which leaves small businesses like theirs completely unable to hire independent contractors without risking FLSA liability.
  • The Labor Department previously maintained a 2021 rule that generally allowed businesses to classify workers as independent contractors if they exercised independent judgment and control over their work and could profit as a result.
  • NCLA released the following statements:
    “The Department is replacing a simple standard for determining whether a worker is an independent contractor or employee under the Act with a vague and indecipherable one.
  • Rather than clarify the law, this rule seeks to obtain a political goal Congress did not adopt when enacting the FLSA, namely dramatically reducing the number of independent contractors.”

NCLA Amicus Brief Asks Fourth Circuit to Nix FINRA’s Unlawful ‘Private’ Enforcement Sanctions

Retrieved on: 
화요일, 4월 23, 2024
NCLA, Punishment, Constitution, Court, FINRA, Government, Pernicious, Financial adviser

In Black v. SEC and FINRA, NCLA urges the Fourth Circuit to end this dumbfounding, extra-constitutional exercise of unsupervised governmental power.

Key Points: 
  • In Black v. SEC and FINRA, NCLA urges the Fourth Circuit to end this dumbfounding, extra-constitutional exercise of unsupervised governmental power.
  • FINRA is a nominally private, nonprofit corporation that regulates the securities brokerage industry, subject to oversight by SEC.
  • It wields vast legislative, executive, and adjudicatory powers over more than 600,000 individual brokers and thousands of broker-dealer firms nationwide.
  • NCLA released the following statements:
    “FINRA operates a private law enforcement regime, with no real supervision by SEC.

NCLA Amicus Brief Tells D.C. Circuit It Must Avoid Remanding Regulations Without Vacating Them

Retrieved on: 
월요일, 4월 22, 2024
NCLA, FDA, Heated tobacco product, Final, Heart, Administration, District court, Government, Human

NCLA released the following statements:

Key Points: 
  • NCLA released the following statements:
    “The ‘remand without vacatur’ doctrine licenses administrative agencies to act contrary to law with the court’s (unintentional) blessing.
  • Circuit will recognize the terrible error at the heart of this doctrine and will act accordingly.”
    “A regulation is either lawful or unlawful.
  • There is no provision for sending the rule back to the agency to simply add a missing ingredient and re-bake it.
  • Nor does the half-baked ‘remand without vacatur’ doctrine properly incentivize agencies to follow the law in the first instance.”

NCLA Unleashes Lawsuit to Take Down SEC’s Illegal Mass Data Collection Machine

Retrieved on: 
화요일, 4월 16, 2024
NCLA, Congress, Public policy, Investment, Seizure, Research, Security agency, Complaint, Security (finance), Constitutional right, History, Amendment, Administration, Retirement, District court, Constitution, Court, NSA, Data collection, Fourth Amendment, Database, CAT, Government, First, Fifth Amendment, GPS, Cryptocurrency

NCLA is asking the U.S. District Court for the Western District of Texas to stop this unlawful, unprecedented seizure and mass surveillance scheme in its tracks.

Key Points: 
  • NCLA is asking the U.S. District Court for the Western District of Texas to stop this unlawful, unprecedented seizure and mass surveillance scheme in its tracks.
  • Like thousands of other Americans, NCLA clients Erik Davidson, John Restivo and the National Center for Public Policy Research expected the government to respect their constitutional rights.
  • NCLA is pleased to have the assistance of the Cherry Johnson Siegmund James PLLC firm in filing this lawsuit.
  • Congress never authorized SEC to set up such a data collection and surveillance system.

NCLA Asks Ninth Circuit to Overturn SEC’s Illegal Gag Rule on Targets of Settled Enforcement Cases

Retrieved on: 
금요일, 3월 29, 2024
Speech, Organization, Letter, Comment, Administrative Procedure Act, Gag rule (United States), Gag, Cape Gazette, Policy, Textbook, First, Security (finance), Life, Commission, Freedom of the press, Government, Reason Foundation, Novinger, Missouri, NCLA

Representing several SEC enforcement targets silenced by the Gag Rule—and media organizations eager to hear the stories they wish to tell—NCLA urges the Ninth Circuit to halt this egregious trampling of First Amendment rights.

Key Points: 
  • Representing several SEC enforcement targets silenced by the Gag Rule—and media organizations eager to hear the stories they wish to tell—NCLA urges the Ninth Circuit to halt this egregious trampling of First Amendment rights.
  • SEC enacted the 1972 Gag Rule without notice and comment after falsely framing it as an internal “housekeeping” measure that would not affect third parties.
  • SEC has never provided a legitimate—much less a compelling reason—for silencing all settling enforcement targets for life.
  • NCLA has also represented Petitioner Christopher Novinger previously in appealing the gag provisions of his SEC enforcement settlement.

NCLA Fights Delegation of Government Power to Public Company Accounting Oversight Board

Retrieved on: 
수요일, 3월 27, 2024
Brett Kavanaugh, Congress, Dickinson Wright, Exercise, District court, Star, Complaint, Star Chamber, PCAOB, Constitution, Sarbanes, Government, NCLA, Audit

Washington, D.C., March 27, 2024 (GLOBE NEWSWIRE) -- Today, the New Civil Liberties Alliance filed a Complaint urging the U.S. District Court for the Southern District of Texas to declare that the Public Company Accounting Oversight Board is a private entity unlawfully exerting government power.

Key Points: 
  • Washington, D.C., March 27, 2024 (GLOBE NEWSWIRE) -- Today, the New Civil Liberties Alliance filed a Complaint urging the U.S. District Court for the Southern District of Texas to declare that the Public Company Accounting Oversight Board is a private entity unlawfully exerting government power.
  • Under Sarbanes-Oxley the Board is supposed to establish “fair procedures” but Congress did not provide an intelligible principle to guide writing them.
  • The Board has thus buried NCLA’s client, a small accounting firm, with a sixth “Accounting Board Demand” for reams of private firm documents.
  • The Board routinely punishes targets for “noncooperation” with Board investigative demands before they have any opportunity to challenge those demands in a court of law.

NCLA Asks Supreme Court to Resolve Circuit Split over Standing in Social Media Censorship Cases

Retrieved on: 
수요일, 3월 27, 2024
Speech, Government, Plaintiff, COVID-19, White, Social media, HHS, First, The central science, Supreme court, Fifth, Constitutional right, Supreme, Sixth, Court, NCLA

NCLA’s petition asks the Court to resolve a circuit split between the Fifth and Sixth Circuits on what plaintiffs must show to satisfy Article III standing in censorship cases against the government.

Key Points: 
  • NCLA’s petition asks the Court to resolve a circuit split between the Fifth and Sixth Circuits on what plaintiffs must show to satisfy Article III standing in censorship cases against the government.
  • The petition urges the Court to overturn the U.S. Court of Appeals for the Sixth Circuit ruling that NCLA clients Mark Changizi, Michael Senger, and Daniel Kotzin lacked standing to challenge the censorship regime that silenced them.
  • The Supreme Court should resolve the resulting circuit split on this standing issue in the First Amendment context, at least holding NCLA’s Changizi cert petition until it issues a decision in Murthy.
  • NCLA released the following statements:
    “The Changizi allegations regarding government-induced social media censorship are nearly identical to those made in Murthy v. Missouri.

NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules

Retrieved on: 
금요일, 3월 22, 2024
Speech, Administration, Congress, Exchange, Public policy, Constitutional right, NCLA, Financial adviser

These Rules impose gender, race and sexual orientation quotas on corporate board membership for Nasdaq-listed companies.

Key Points: 
  • These Rules impose gender, race and sexual orientation quotas on corporate board membership for Nasdaq-listed companies.
  • A Fifth Circuit panel had upheld the Board Diversity Rules, but the en banc court granted NCLA’s request to rehear the case.
  • The Fifth Circuit panel in this case deferred to that flawed reasoning without addressing the statutory prohibitions that should invalidate the Rules.
  • NCLA looks forward to the en banc Fifth Circuit’s addressing each of these problems in turn.