United States Court of Appeals for the Fifth Circuit

NCLA Encourages Fifth Circuit to Rein in Renegade SEC’s Unlawful Private Fund Regulation Effort

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Thursday, November 9, 2023

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Verret joined NCLA’s brief in the case, which draws from comments some of them filed during SEC’s rulemaking process.

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Verret joined NCLA’s brief in the case, which draws from comments some of them filed during SEC’s rulemaking process.
But that Dodd-Frank provision was focused entirely on retail customers and not highly sophisticated private investment funds.
NCLA joins amici’s call for the Fifth Circuit to scrap this unlawful SEC rule.
We are confident that, once again, the courts will rein in the SEC and set aside this new rule.”

U.S. Supreme Court Agrees to Hear NCLA Case Against ATF’s Unilateral Bump-Stock Ban

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Friday, November 3, 2023

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Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.

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Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.
Garland v. Cargill will be NCLA’s fourth case argued before the U.S. Supreme Court in under 2 years.
As these cases show, we will fight all the way to the Supreme Court to protect civil liberties from federal agencies’ attacks.
We are confident the U.S. Supreme Court will right this wrong for Michael Cargill and all Americans.”

NCLA Petitions en Banc Sixth Circuit to Halt Government-Directed Social Media Censorship

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Tuesday, October 31, 2023

asking an en banc U.S. Court of Appeals for the Sixth Circuit, or the three-judge panel, to rehear the case and halt the government’s unconstitutional assault on free speech.

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asking an en banc U.S. Court of Appeals for the Sixth Circuit, or the three-judge panel, to rehear the case and halt the government’s unconstitutional assault on free speech.
Biden Administration officials, including some within the Department of Health and Human Services, have violated the First Amendment by directing social media companies to censor viewpoints that conflict with the government’s Covid-19 messaging.
The en banc Sixth Circuit should correct the panel’s error and allow the Changizi plaintiffs to continue their lawsuit seeking to put a stop to the government’s extensive social media censorship activities.
We urge the Sixth Circuit, sitting en banc, or the panel itself, to rehear the case and correct this error.”

Gibson, Dunn & Crutcher LLP Files Opening Brief in Lawsuit Against the SEC to Vacate the Private Fund Adviser Rule

Retrieved on:

Thursday, November 2, 2023

Unlike retail investment products open to all investors, private funds are only available to experienced, sophisticated investors.

Key Points:

Unlike retail investment products open to all investors, private funds are only available to experienced, sophisticated investors.
As the brief explains:
This case concerns “private funds”—pooled investment vehicles that are not offered to the public.
Unlike more familiar pooled investment vehicles, like mutual funds, private funds are generally not accessible to non-professional investors (known as retail customers).
The brief also argues that the SEC did not give adequate reasons for the rule.

Kayla Oliver Joins Austin Office of Appellate Firm Alexander Dubose & Jefferson

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Monday, October 30, 2023

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AUSTIN, Texas, Oct. 30, 2023 /PRNewswire/ -- The Texas appellate firm Alexander Dubose & Jefferson LLP (ADJ) is pleased to announce the addition of Kayla Oliver to the firm's Austin office.

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AUSTIN, Texas, Oct. 30, 2023 /PRNewswire/ -- The Texas appellate firm Alexander Dubose & Jefferson LLP (ADJ) is pleased to announce the addition of Kayla Oliver to the firm's Austin office.
She currently teaches an advanced appellate writing course as an adjunct professor of legal writing at the University of Texas School of Law.
Before joining ADJ, Ms. Oliver founded Law Review, LLC, a legal writing consulting firm that offers editing, drafting and coaching services to lawyers in state and federal courts across the country.
"I am thrilled at the opportunity to practice with the attorneys of Alexander Dubose & Jefferson," said Ms. Oliver.

NCLA Asks D.C. District Court to Halt Illegal Suspension of Hon. Pauline Newman

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Thursday, October 26, 2023

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Pauline Newman’s complaint and to grant a preliminary injunction halting her ongoing suspension.

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Pauline Newman’s complaint and to grant a preliminary injunction halting her ongoing suspension.
In March 2023, the Judicial Council indefinitely suspended Judge Newman from hearing new cases before any formal investigation began.
The District Court should reject Defendants’ claims of absolute and unfettered power to effectively remove judges from office—a power that belongs to Congress alone.”
“Judge Newman has a clear right to review in the District Court.
We look forward to continuing to work in this court to ensure a fair and constitutional process for Judge Newman and other Article III judges—and to see Judge Newman returned to hearing cases as soon as possible.”

U.S. Supreme Court to Hear Landmark NCLA Case Against Government Social Media Censorship

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Saturday, October 21, 2023

This afternoon the Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden, a case brought on behalf of NCLA clients Drs.

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This afternoon the Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden, a case brought on behalf of NCLA clients Drs.
The New Civil Liberties Alliance welcomes this opportunity to defend the First Amendment rights of our clients in the U.S. Supreme Court.
NCLA released the following statements:
“We are disappointed Americans’ First Amendment rights will be vulnerable to government infringement until this case is decided.
The First Amendment forbids such censorship, and the Supreme Court must never allow such mischief again, if we are to keep our democracy.”

NCLA Amicus Brief Decries SEC’s Administrative Denial of Jury Trial Rights, ALJ Removal Protections

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Thursday, October 19, 2023

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Worse yet, the proceeding denied his Seventh Amendment right to a jury trial.

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Worse yet, the proceeding denied his Seventh Amendment right to a jury trial.
Dodd-Frank empowers SEC to obtain a jury trial by suing in federal court or avoid a jury trial by initiating an administrative proceeding.
Hence, the law unfairly deprives them of the same right to demand a jury trial that SEC has—a blatantly discriminatory rule.
In April, the Supreme Court upheld NCLA client Michelle Cochran’s right to challenge the constitutionality of her ALJ’s removal protections in federal court before undergoing an administrative adjudication.

97PERCENT NAMES OLIVIA TROYE AS EXECUTIVE DIRECTOR

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Thursday, October 5, 2023

WASHINGTON, Oct. 5, 2023 /PRNewswire/ -- 97Percent, whose mission is to reduce gun deaths by including gun owners in the solutions, has appointed Olivia Troye as the organization's Executive Director. Ms. Troye is a highly regarded public policy expert who served in the White House as a senior advisor to former Vice President Mike Pence and has held a number of senior national security roles during her career. Since its founding in 2020, 97Percent has worked to reduce gun deaths by bringing gun owners to the table, conducting research, and leveraging technology to address issues we all agree upon that will make our communities safer.

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WASHINGTON, Oct. 5, 2023 /PRNewswire/ -- 97Percent , whose mission is to reduce gun deaths by including gun owners in the solutions, has appointed Olivia Troye as the organization's Executive Director.
"Gun violence doesn't distinguish between gun owners or non-gun owners, Democrats, Republicans or Independents."
97Percent recently submitted an amicus brief to the Supreme Court, arguing for the reversal of the appellate court's decision.
"As Executive Director, Olivia will help us further elevate our work to reduce gun deaths and to ensure our solutions protect the Second Amendment during this crucial time in our country," added Mr. Miller.

In NCLA Victory, Fifth Circuit Expands Injunction Against Government Social Media Censorship

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Tuesday, October 3, 2023

Surgeon General’s office, CDC, FBI and now CISA officials from pressuring social media platforms to censor constitutionally protected speech.

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Surgeon General’s office, CDC, FBI and now CISA officials from pressuring social media platforms to censor constitutionally protected speech.
NCLA is pleased all these officials will be enjoined from infringing on the First Amendment rights of our clients, Drs.
The Fifth Circuit’s new action expands upon its September 8 ruling that upheld the most important portions of U.S. District Judge Terry Doughty’s July 4 preliminary injunction order, prohibiting those officials from pressuring social media companies to suppress First Amendment-protected speech.
Bhattacharya, Kulldorff and Kheriaty, and Ms. Hines, who have all been blacklisted, shadow-banned, de-boosted, throttled, and censored on social media as part of the Biden Administration’s years-long censorship campaign.