NCLA

NCLA Asks Supreme Court to Revisit 120-year-old Precedent that Led to Rights Abuses Amid Pandemic

Retrieved on: 
Monday, March 11, 2024

MSU fired two of NCLA’s three clients, all of whom had naturally acquired immunity to Covid, for refusing the vaccine.

Key Points: 
  • MSU fired two of NCLA’s three clients, all of whom had naturally acquired immunity to Covid, for refusing the vaccine.
  • NCLA further urges the Court to hold that MSU’s policy failed to meet that standard.
  • NCLA’s petition presents the Supreme Court with an ideal opportunity to correct this widespread misunderstanding before another emergency pandemic breaks out.
  • The Court needs to update the precedent to reflect current constitutional law.”
    “CDC’s flawed guidance was not subject to direct court challenge, because it was deemed mere guidance.

NCLA Asks Sixth Circuit to Free FINRA Hostage from SEC’s ‘Hotel California’ Adjudication Regime

Retrieved on: 
Thursday, March 7, 2024

NCLA urges the Court to compel SEC to set aside FINRA’s disciplinary decision, or at least require the agency to rule on his appeal within 30 days.

Key Points: 
  • NCLA urges the Court to compel SEC to set aside FINRA’s disciplinary decision, or at least require the agency to rule on his appeal within 30 days.
  • FINRA cannot legally regulate or discipline Mr. Smith or his company, Consulting Services Support Corporation (CSSC), as they have never been FINRA members.
  • There will be no end in sight, unless the Sixth Circuit grants relief.
  • Since FINRA and SEC demand enforcement targets play by their rules, maybe they should try doing the same.”

New NCLA Lawsuit Exposes Public Company Accounting Oversight Board’s Star Chamber Proceedings

Retrieved on: 
Tuesday, March 5, 2024

NCLA’s client, John Doe (a pseudonym used to protect his anonymity), asks the Court to stop these disciplinary proceedings and declare them unconstitutional.

Key Points: 
  • NCLA’s client, John Doe (a pseudonym used to protect his anonymity), asks the Court to stop these disciplinary proceedings and declare them unconstitutional.
  • NCLA is pleased to partner with Tom Potter in the Nashville office of Burr & Forman LLP on this important matter of first impression.
  • After years of intrusive investigation, PCAOB can impose punishing sanctions against individual accountants and accounting firms in its regulatory ambit.
  • The Board’s disciplinary proceedings deprive John Doe of his right to a jury trial, violating the Sixth and Seventh Amendments.

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

Retrieved on: 
Monday, March 4, 2024

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.”

NCLA Persuades Energy Dept. to Halt Unlawful Emergency Demand for Cryptocurrency Mining Data

Retrieved on: 
Friday, March 1, 2024

Without following the notice-and-comment process, EIA Administrator Joseph DeCarolis requested on January 24 that OMB allow his agency to demand monthly information collections from cryptocurrency mining companies about their energy consumption, including sensitive and highly proprietary information.

Key Points: 
  • Without following the notice-and-comment process, EIA Administrator Joseph DeCarolis requested on January 24 that OMB allow his agency to demand monthly information collections from cryptocurrency mining companies about their energy consumption, including sensitive and highly proprietary information.
  • On February 23, NCLA secured a Temporary Restraining Order blocking EIA’s survey for 14 days nationwide.
  • They also agreed to withdraw their February 9 notice, which sought comments about continuing the emergency survey.
  • of Energy lawsuit alleged that in unlawfully demanding these companies’ data, EIA appeared to be responding to political pressure rather than a genuine emergency implicating public harm.

NCLA Brief Asks High Court to Restore Law Forbidding Congress from Divesting Legislative Power

Retrieved on: 
Friday, March 1, 2024

Congress may not divest to an executive agency legislative power that Article I of the Constitution vests in it, a principle known as the nondelegation doctrine.

Key Points: 
  • Congress may not divest to an executive agency legislative power that Article I of the Constitution vests in it, a principle known as the nondelegation doctrine.
  • The Supreme Court should review the Sixth Circuit’s erroneous decision and deem unrestricted divestment of power impermissible.
  • NCLA’s amicus brief details how the nondelegation doctrine developed to prevent Congress from divesting legislative power to outside parties, but its modern application actually enables constitutional violations, wrongly legitimizing statutes that effectively grant power to the Executive Branch.
  • NCLA released the following statements:
    “The nondelegation doctrine purports to prohibit Congress from delegating any lawmaking power to executive agencies.

NCLA Amicus Brief Asks U.S. Supreme Court to Reject NLRB-Specific Preliminary Injunction Standard

Retrieved on: 
Wednesday, February 28, 2024

The U.S. Court of Appeals for the Sixth Circuit upheld the injunction granted below due to prior circuit precedent.

Key Points: 
  • The U.S. Court of Appeals for the Sixth Circuit upheld the injunction granted below due to prior circuit precedent.
  • NCLA’s brief asks the Supreme Court to reject this textually baseless test, reverse the Sixth Circuit’s ruling, and require NLRB to satisfy the same injunction standard as every other litigant.
  • The Supreme Court has clarified, in many other contexts, that federal courts may not issue preliminary injunctions unless the party seeking the P.I.
  • NCLA asks the Supreme Court to eliminate this coercive dynamic and force NLRB to meet the traditional preliminary injunction standard rather than the Sixth Circuit’s preferential version.

Supreme Court Hears Oral Argument in NCLA’s Cargill Case Against ATF’s Unilateral Bump Stock Ban

Retrieved on: 
Wednesday, February 28, 2024

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

Key Points: 
  • ATF issued its interpretive Final Rule in 2018 defining semi-automatic firearms equipped with bump stocks as “machineguns,” which federal law prohibits.
  • The rule required Mr. Cargill and every other bump-stock owner nationwide to either destroy or turn in their legally purchased devices.
  • This case tasks the Supreme Court with resolving these conflicting opinions.
  • A bump stock does not alter the trigger on a semi-automatic weapon, so a bump stock does not turn a semi-automatic weapon into a machine gun.”

NCLA Wins Order Blocking Dep’t of Energy’s Unlawful Demand for Cryptocurrency Mining Data

Retrieved on: 
Saturday, February 24, 2024

The 14-day TRO blocks DOE and the Energy Information Administration (EIA) from forcing cryptocurrency mining companies to hand over sensitive information about their electricity consumption through a mandatory Cryptocurrency Mining Facilities Survey.

Key Points: 
  • The 14-day TRO blocks DOE and the Energy Information Administration (EIA) from forcing cryptocurrency mining companies to hand over sensitive information about their electricity consumption through a mandatory Cryptocurrency Mining Facilities Survey.
  • On behalf of its clients, the Texas Blockchain Council and Riot Platforms, Inc., NCLA celebrates the Court’s Order and looks forward to derailing DOE’s unlawful data collection effort once and for all.
  • OMB approved EIA’s slapdash emergency request to launch the Cryptocurrency Mining Facilities Survey just two days after receiving it.
  • In demanding these companies’ data, EIA appears to be responding to political pressure rather than a genuine “emergency” implicating public harm.

NCLA Suit Challenges DOE’s Unlawful Attempt to Collect Cryptocurrency Miners’ Energy Use Data

Retrieved on: 
Friday, February 23, 2024

The Texas Blockchain Council v. Department of Energy suit is pending in the U.S. District Court for the Western District of Texas.

Key Points: 
  • The Texas Blockchain Council v. Department of Energy suit is pending in the U.S. District Court for the Western District of Texas.
  • OMB approved EIA’s slapdash Cryptocurrency Mining Facilities Survey request just two days after receiving it.
  • NCLA urges the Court to set aside this unlawful action and force DOE and OMB back to the drawing board.
  • DOE wants to get away with assuming the results of the very survey it hopes to conduct.”
    — Mark Chenoweth, President and Chief Legal Officer, NCLA