Judge

NCLA Advises Supreme Court to Hear Case Against PA Ethics Rule’s Viewpoint-Based Discrimination

Retrieved on: 
Monday, March 4, 2024
Supreme, Judge, Court, First, Rule, Government, CLE, NCLA, Constitutional right, Lawyer, Speech, Supreme court

Washington, D.C., March 04, 2024 (GLOBE NEWSWIRE) -- Late Friday, the New Civil Liberties Alliance filed an amicus curiae brief in Greenberg v. Lehocky, asking the Supreme Court to hear this important First Amendment case.

Key Points: 
  • Washington, D.C., March 04, 2024 (GLOBE NEWSWIRE) -- Late Friday, the New Civil Liberties Alliance filed an amicus curiae brief in Greenberg v. Lehocky, asking the Supreme Court to hear this important First Amendment case.
  • NCLA’s brief is supporting Mr. Greenberg’s petition for a writ of certiorari from the U.S. Supreme Court.
  • Imposed by the Disciplinary Board of the Supreme Court of Pennsylvania, Rule 8.4(g) prohibits speech that expresses disparaging views of another person based on any of 11 listed characteristics.
  • The Supreme Court should take this case, reverse the holding below on standing, and send it back to the Third Circuit for a ruling on the merits.”

Justice for Greenwood Invites the Public to the Oklahoma Supreme Court for Oral Arguments Supporting the Tulsa Race Massacre's Last Survivors

Retrieved on: 
Tuesday, February 27, 2024
Public Policy, Government, Legal, Professional Services, Courts, Oklahoma Supreme Court, Judge, Survivor, Schulte Roth & Zabel, District court, Public nuisance, Loyola University Law School, Tulsa race massacre, Failure, Dismissal

The District Court's conclusion that the survivors failed to state a claim under 12 O.S.

Key Points: 
  • The District Court's conclusion that the survivors failed to state a claim under 12 O.S.
  • § 2012(B)(6) due to a purported failure to present a legally viable abatement remedy should not be challenged.
  • “We're deeply thankful for the swift action taken by the Oklahoma Supreme Court, especially in light of the earlier wrongful dismissal of our case.
  • "This is a historic milestone for Mother Randle, Mother Fletcher and the collective Greenwood community with the Oklahoma Supreme Court scheduling oral arguments for April 2nd.

NCLA Asks Supreme Court to Uphold Injunction Against Government Social Media Censorship

Retrieved on: 
Tuesday, February 6, 2024
Security (finance), Plaintiff, Supreme court, COVID-19 vaccine, Government, FBI, Attorney, COVID-19, The Daily Wire, Safety, Supreme, Constitutional right, First, Marketing, Father, CDC, Speech, Social media, CISA, Fifth, White, NCLA, The Administrative State, DRS, Judge, Federalist

The injunction would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech.

Key Points: 
  • The injunction would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech.
  • In September, a Fifth Circuit panel upheld the key components of U.S. District Judge Terry Doughty’s July 4 preliminary injunction order, prohibiting named federal officials from coercing or significantly encouraging social media companies to suppress legal speech.
  • Though the U.S. Supreme Court has temporarily stayed the Fifth Circuit’s injunction, NCLA believes the Justices are ultimately unlikely to permit the egregious First Amendment abridgements this case has exposed.
  • In fact, much of the speech the government suppressed in this case—about Covid-19 and Hunter Biden’s laptop—was truthful.”
    — Mark Chenoweth, President and Chief Legal Officer, NCLA

Numerous Amici Join NCLA’s Ask for Supreme Court to Rule Against ATF’s Unilateral Bump Stock Ban

Retrieved on: 
Friday, February 2, 2024
Firearm, Buckeye Institute, National Shooting Sports Foundation, Policy, Education, Independence, Congress, Army, Supreme court, Independence Institute, Philip Van Cleave, Rule, Research, Bureau, Tobacco, The Final Rule, National Rifle Association, Fifth, Second, Pacific Legal Foundation, NCLA, Machine, Judge, Ambiguity, Court, Palmetto State Armory, National Association

Representing Texas gun shop owner and Army veteran Michael Cargill, NCLA challenges the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Bump Stock Final Rule and ATF’s expansion of the criminal scope of a statute by administrative fiat.

Key Points: 
  • Representing Texas gun shop owner and Army veteran Michael Cargill, NCLA challenges the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Bump Stock Final Rule and ATF’s expansion of the criminal scope of a statute by administrative fiat.
  • The Final Rule reversed ATF’s long-standing recognition that bump-stock-equipped firearms are not illegal machine guns, and the U.S. Court of Appeals for the Fifth Circuit rightly shot down the Rule early last year.
  • NCLA thanks the amicus parties for standing with Mr. Cargill and thousands of other legal purchasers of bump stocks.
  • Excerpts follow:
    “In the best tradition of our separation of powers jurisprudence, this Court should apply the criminal laws that Congress has written with unmistakable clarity.

NCLA Asks Supreme Court to Rule Against ATF’s Unilateral Bump-Stock Ban

Retrieved on: 
Tuesday, January 23, 2024
Speech, Bureau, Social media, Firearm, Commerce, Bump stock, Supreme, Fifth, Court, Judge, Tobacco, Congress, Supreme court, NCLA, Constitution, The Administrative State, Machine, Army, ATF

ATF issued a Final Rule in 2018 defining semi-automatic firearms equipped with bump stocks as “machineguns,” which federal law prohibits.

Key Points: 
  • ATF issued a Final Rule in 2018 defining semi-automatic firearms equipped with bump stocks as “machineguns,” which federal law prohibits.
  • After it hears oral argument next month, NCLA is confident the Court will interpret the statute correctly and set aside ATF’s rule.
  • Just last week, oral arguments were presented to the Supreme Court in NCLA’s Relentless Inc. v. Dept.
  • The Supreme Court should set aside this rule that misconstrues the 1986 law banning machine guns and reverses ATF’s 15-plus year position allowing non-mechanical bump stocks.

Pacific Telecommunications Council Announces PTC'24 Award Winners

Retrieved on: 
Thursday, January 25, 2024
Professional Services, Communications, Other Professional Services, Technology, Other Technology, Telecommunications, Other Communications, Mission, ICT, Digicel, Data infrastructure, Pacific Telecommunications Council, Judge, PTC

The Pacific Telecommunications Council (PTC) is excited to announce the distinguished recipients of the PTC'24 Awards, a recognition of excellence in the digital infrastructure, telecommunications, and information and communication technology (ICT) sector.

Key Points: 
  • The Pacific Telecommunications Council (PTC) is excited to announce the distinguished recipients of the PTC'24 Awards, a recognition of excellence in the digital infrastructure, telecommunications, and information and communication technology (ICT) sector.
  • Chosen from among industry leaders, this year's winners symbolize the forefront of innovation, leadership, and dedication to propelling the digital landscape forward.
  • Our PTC’24 Award winners are:
    − Outstanding Submarine Network Company Award: Telstra International
    − Outstanding Satellite Company Award: Kacific
    − Outstanding Data Center Company Award: Scala Data Centers
    − Outstanding Enterprise Solutions Provider Award: Zenlayer
    − Outstanding Carrier Solutions Provider Award: Spark New Zealand
    − Outstanding Digital Infrastructure Investor Award: Yotta Data Services
    − Outstanding Support for PTC’s Vision and Mission Award: Digicel Pacific
    − Outstanding Young Leader Award: Noah Drake, President & MD, Americas, Telstra International
    − (Judges Choice) Outstanding Industry Champion Award: Marc Halbfinger, CEO, Console Connect
    − The Richard J. Barber PTC Distinguished Service Award: Richard Taylor
    "The PTC'24 Awards extend beyond simple acknowledgment; they embody a celebration of the spirit driving progress and transformation, propelling our industry into a new era.
  • Congratulations to all the winners for their outstanding contributions and commitment to excellence!

NCLA Amicus Brief Asks Supreme Court to Apply Proper First Amendment Standard in NRA Case

Retrieved on: 
Tuesday, January 16, 2024
Speech, NRA, Financial services, Social media, Fifth, Fabio Vullo, Supreme, Insurance, Freedom, Second, First, Pressure, Judge, Coercion, Supreme court, Constitutional right, NCLA, Constitution, The Administrative State

Vullo issued statements effectively threatening to punish banks and insurers via regulatory action if they kept doing business with NRA.

Key Points: 
  • Vullo issued statements effectively threatening to punish banks and insurers via regulatory action if they kept doing business with NRA.
  • The U.S. Court of Appeals for the Second Circuit held that Vullo did not “coerce” the banks and insurance companies to end their relationships with NRA.
  • Even if the Supreme Court uses the “coercion” test rather than the constitutionally proper “abridgement” standard, NRA has effectively demonstrated that Vullo “coerced” third parties to cut ties with the organization based on its Second Amendment advocacy.
  • NCLA is a national leader in the ongoing battle against the First Amendment violations by the Administrative State.

In NCLA Amicus Win, Supreme Court Will Hear Case Against NLRB’s Odd Prelim Injunction Standard

Retrieved on: 
Friday, January 12, 2024
Starbucks, Sixth, Commerce, Fifth, Supreme, Government, Court, Water, Judge, NLRB, Supreme court, Bleeding, National Labor Relations Board, NCLA, McKinney, Texas

NLRB used a preliminary injunction it obtained in federal district court without ever establishing that Starbucks likely broke the law.

Key Points: 
  • NLRB used a preliminary injunction it obtained in federal district court without ever establishing that Starbucks likely broke the law.
  • NCLA filed an amicus curiae brief in Starbucks Corp. v. McKinney, asking the Justices to grant cert, reverse the Sixth Circuit, and overturn NLRB’s special injunction standard.
  • The Supreme Court has clarified, in many different contexts, that federal courts may not issue preliminary injunctions unless the party seeking the P.I.
  • Now, the Supreme Court has an opportunity to end this abusive practice nationwide.”
    “NLRB’s sui generis preliminary injunction standard is a judge-made departure from the norm.

NCLA Asks Supreme Court to Sink Chevron Doctrine for Violating the Constitution in Two Key Respects

Retrieved on: 
Monday, November 20, 2023
Bump stock, Government, Policy, NOAA, MSA, Executive (government), Supreme court, Judge, Court, Administration, NCLA, Logic, Fishery, Commerce, Congress, Constitution, Supreme, Judgement, Ambiguity, Latham & Watkins, History

The Relentless brief highlights two core problems with Chevron deference that NCLA founder Philip Hamburger has pressed for years.

Key Points: 
  • The Relentless brief highlights two core problems with Chevron deference that NCLA founder Philip Hamburger has pressed for years.
  • NCLA asks the Court to vacate NOAA’s rule, which lacks constitutional and statutory support.
  • The government also argues that the Supreme Court must uphold Chevron out of stare decisis respect for its prior precedents.
  • Now it should be relentless in fixing that problem.”
    “It is time for the Supreme Court to fish or cut bait on the Chevron doctrine.

Dessert Wars, The Largest Dessert Festival in America, hosts the National Championship

Retrieved on: 
Wednesday, November 15, 2023
Assistant, Cobb Galleria Centre, National championship, Judge, Admission, 35th People's Choice Awards, Web Cartoonists' Choice Awards, Food Network, Netflix, Baking

ATLANTA, Nov. 15, 2023 /PRNewswire/ -- Dessert Wars, the Largest Dessert Festival in America, will be hosting their National Championship on December 2 in Atlanta, GA from 3pm – 7pm. The event will be held at the Cobb Galleria Centre and feature the Top 48 bakers in America competing for the Judge's Champion and People's Choice Awards.

Key Points: 
  • ATLANTA, Nov. 15, 2023 /PRNewswire/ -- Dessert Wars, the Largest Dessert Festival in America, will be hosting their National Championship on December 2 in Atlanta, GA from 3pm – 7pm.
  • Each sweet lover in attendance can then vote for their favorite dessert at the famous Voting Wall to win the People's Choice Award.
  • "It's finally here, the Top 48 battling it out to become America's dessert champion!"
  • Jackie Maya, Assistant Director of Dessert Wars added, "Each of these competitors placed in their own city and now the national exposure is icing on the cake for them.