Fifth Amendment

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

Retrieved on: 
Tuesday, March 5, 2024
Complaint, PCAOB, Exchange, Court, Due Process Clause, Star, District court, Constitution, NCLA, Sarbanes, Appropriation, Sixth, Appointments Clause, Security (finance), Congress, Fifth Amendment, Supreme court, Senate

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 Amicus Brief Exposes Fatal Constitutional Flaws in SEC’s Illegal Mass Data Collection Regime

Retrieved on: 
Thursday, February 15, 2024
Leviathan, Court, Security agency, Audit, Data collection, Government, Database, Constitution, Crime, NCLA, FINRA, Administration, Congress, Fifth Amendment, CAT, Seizure, Financial adviser

SEC’s CAT is an unprecedented mass confiscation of personal financial data in blatant violation of the Fourth Amendment’s restrictions on unreasonable searches and seizures.

Key Points: 
  • SEC’s CAT is an unprecedented mass confiscation of personal financial data in blatant violation of the Fourth Amendment’s restrictions on unreasonable searches and seizures.
  • No law passed by Congress gives SEC authority to set up a data collection and surveillance system.
  • NCLA released the following statements:
    “The CAT is an illegal SEC power grab that violates ordinary Americans’ basic constitutional rights.
  • This Leviathan-sized dragnet is absurd, risky, and utterly unlawful.”
    — Mark Chenoweth, President and Chief Legal Officer, NCLA

AHF Sues Post Office Over Refusal to Deliver Mail to Tenants at SRO Buildings

Retrieved on: 
Tuesday, February 13, 2024
Public Policy, Government, Legal, White House, Federal Government, State, Local, AIDS, Health, Professional Services, Advocacy Group Opinion, African Americans, Due Process Clause, The Postal Service, AIDS Healthcare Foundation, Assistant, USPS, Skid row, Amendment, AHF, Racism, Tenant, Post, Postal, Fifth Amendment, Louis DeJoy, SRO, Mail

AHF currently houses 1417 people in 13 SRO properties in Los Angeles.

Key Points: 
  • AHF currently houses 1417 people in 13 SRO properties in Los Angeles.
  • The Postal Service formally was served on the case – Shawn Jenkins and AIDS Healthcare Foundation vs. USPS, Louis DeJoy & Six … ( Case No.
  • California law requires landlords have an individual, locking mailbox for each SRO tenant.
  • However, the USPS is refusing to deliver mail into those individual mailboxes, instead dumping dozens or hundreds of people's mail into one big pile at the front desk of each SRO property each day.

NCLA Returns to First Circuit Asking It to Confront IRS’s Illegal Confiscation of Cryptocurrency Data

Retrieved on: 
Thursday, February 1, 2024
Identity, Fifth Amendment, Average revenue per user, Congress, History, Seizure, District court, Exploration, IRS, Privacy, NCLA, The Act, Tax Reform Act, Constitution, Werfel, Act, Internal Revenue Service

NCLA has filed a reply brief in Harper v. Werfel, urging the U.S. Court of Appeals for the First Circuit to rule that these actions violated Mr. Harper’s statutory, Fourth, and Fifth Amendment rights.

Key Points: 
  • NCLA has filed a reply brief in Harper v. Werfel, urging the U.S. Court of Appeals for the First Circuit to rule that these actions violated Mr. Harper’s statutory, Fourth, and Fifth Amendment rights.
  • IRS’s silence is unsurprising, given that Harper’s 2013-2015 tax returns properly reported his income from Coinbase cryptocurrency transactions.
  • Harper v. Werfel has revealed that IRS now claims a far more expansive John Doe summons authority than Congress bestowed.
  • The First Circuit should reverse that decision, remand the lawsuit to the district court, and address the agency’s egregious violations of Americans’ rights.

Supreme Court Hears Oral Argument in NCLA’s Relentless Case Seeking to Overturn Chevron Deference

Retrieved on: 
Wednesday, January 17, 2024
Weather, Social Security, Neil Gorsuch, Associate, NOAA, Social, Commerce, Judgement, Latham & Watkins, MSA, Bias, Government, Federation, Court, Veteran, De novo, Congress, Supreme court, Fishery, Fifth Amendment, Exercise, NCLA, Administration

Washington, D.C., Jan. 17, 2024 (GLOBE NEWSWIRE) -- Today, Latham & Watkins partner Roman Martinez presented oral argument to the Supreme Court in Relentless Inc. v. Dept.

Key Points: 
  • Washington, D.C., Jan. 17, 2024 (GLOBE NEWSWIRE) -- Today, Latham & Watkins partner Roman Martinez presented oral argument to the Supreme Court in Relentless Inc. v. Dept.
  • NCLA’s clients made their case in the courtroom today, and they look forward to a Supreme Court decision by the end of June that will eliminate Chevron deference and vacate the NOAA rule once and for all.
  • NCLA raised two core problems with Chevron deference that NCLA founder Philip Hamburger has emphasized for years.
  • The government also claimed the Supreme Court must uphold Chevron out of respect for precedent, but interpretive methods are not entitled to stare decisis.

NCLA Reply Brief in Relentless Case Counters Government’s Claims on Judicial Deference to Agencies

Retrieved on: 
Friday, January 5, 2024
APA, NOAA, MSA, Government, Relentless, Supreme court, Court, Administration, De novo, NCLA, Logic, Commerce, Congress, Constitution, Supreme, Fifth Amendment, Judgement, Contra, Latham & Watkins, History, Exercise

Washington, D.C., Jan. 05, 2024 (GLOBE NEWSWIRE) -- Today, the New Civil Liberties Alliance filed a reply brief in Relentless Inc., et al.

Key Points: 
  • Washington, D.C., Jan. 05, 2024 (GLOBE NEWSWIRE) -- Today, the New Civil Liberties Alliance filed a reply brief in Relentless Inc., et al.
  • NCLA addresses two core problems with Chevron deference that NCLA founder Philip Hamburger has emphasized for years.
  • First, employing such deference abandons a judge’s Article III duty of judicial independence.
  • NCLA urges the Court to vacate Respondents’ rule, which lower courts only upheld by applying Chevron deference.

Travel + Leisure Co. Successfully Reprices and Upsizes Secured Term Loan B Facility to $598 Million

Retrieved on: 
Wednesday, December 20, 2023
Other Travel, Vacation, Lodging, Destinations, Travel, Tourist Attractions, Hand, Constitutional right, TNL, Fifth Amendment

Travel + Leisure Co. (NYSE:TNL) announced today the closing of the Fifth Amendment to its Credit Agreement, which established $598 million of incremental term loans (the “2023 Term Loan B Facility”).

Key Points: 
  • Travel + Leisure Co. (NYSE:TNL) announced today the closing of the Fifth Amendment to its Credit Agreement, which established $598 million of incremental term loans (the “2023 Term Loan B Facility”).
  • The 2023 Term Loan B Facility refinanced $298 million of outstanding borrowings under the 2022 Incremental Term Loan facility and included additional borrowings of $300 million.
  • The 2023 Term Loan B Facility matures on December 14, 2029, and priced at SOFR plus 3.25% plus a 0.10% SOFR Adjustment, which is 75 basis points lower than the 2022 Incremental Term Loan facility.
  • $298 million of the borrowings under the 2023 Term Loan B Facility priced at par, while the additional $300 million was subject to an original issue discount of 99.75%.

McDonald Hopkins continues to be a destination for top-tier legal talent with the addition of six associates

Retrieved on: 
Tuesday, November 28, 2023
Senior counsel, United States bankruptcy court, Fifth Amendment, Privacy, University, Information, Molecular biology, Government, FBI, Intellectual property, University college, Advertising, Patent, Mergers and acquisitions, Constitutional right, District court, Private sector, Hand, Freedom, Communication, Partnership, Motorola Solutions, Private, Bankruptcy, Transport, Law, Defense, Computer security, Health

CLEVELAND, Nov. 28, 2023 /PRNewswire/ -- McDonald Hopkins LLC is proud to announce the addition of a talented group of first-year associates to its team.

Key Points: 
  • CLEVELAND, Nov. 28, 2023 /PRNewswire/ -- McDonald Hopkins LLC is proud to announce the addition of a talented group of first-year associates to its team.
  • We are thrilled to have them on our team," said Jim Stief, co-president of McDonald Hopkins.
  • Sydney Bell is an Associate in the Litigation Department at McDonald Hopkins and part of the firm's commercial litigation team.
  • Prior to starting his legal career at McDonald Hopkins, Zachary made great strides in his work for Cleveland State University's Law Data Privacy Clinic.

The Supreme Court's originalists have taken over − here's how they interpret the Constitution

Retrieved on: 
Monday, September 25, 2023
Adoption, Supreme Court of the United States, Man, Freedom, Crime, Politics, Marriage, Woman, Amendment, Phrase, Movement, Philosophy, Supreme, Intention, Collection, Time, Supreme court, Law of the United Kingdom, Fifth Amendment, Constitution, Practice of law, Lease, Marketing, Building

Today a majority of U.S. Supreme Court justices are either self-described originalists or strongly lean toward originalism.

Key Points: 
  • Today a majority of U.S. Supreme Court justices are either self-described originalists or strongly lean toward originalism.
  • Yet less than 50 years ago, originalism was considered a fringe movement, hardly taken seriously by most legal scholars.
  • Originalism is the theory that judges are bound to interpret the Constitution as it would have been interpreted in the historical era when it was written.

How to read a constitution

    • Few if any people would deny that all Americans are entitled to the equal protection of the law.
    • When the Constitution was written, for example, only men were eligible for public office.
    • When the Constitution was written, it was assumed that the sexes had separate spheres.
    • When that fundamental value judgment shifted radically in the 20th century – as expressed in the 19th Amendment giving women the vote – it meant that the Constitution had to be read in a new way so that “he” is now interpreted as inclusive.

Flexible originalism

    • Yet, as a scholar of law and philosophy, I believe that flexible interpretation was the original intention of the framers.
    • Originalism began not as a neutral theory of interpretation but as a rallying cry for conservatives.
    • The central and plausible core of originalism is the idea that judges should not impose their own personal values on the Constitution.
    • But the real debate, I believe, is not about originalism versus the freedom to ignore the Constitution, but rather it is about just what the true, original meaning of the Constitution is.

Students for Fair Admissions Files Lawsuit Challenging Racial and Ethnic Admissions Policies at West Point

Retrieved on: 
Tuesday, September 19, 2023
Equal Protection Clause, Court, Fifth Amendment, Federation, State, SFFA, Number of U.S. Supreme Court cases decided by year, Amendment, Education, West Point, Mississippi, Supreme court, United States Military Academy

SFFA alleges that West Point is violating the Fifth Amendment of the United States Constitution.

Key Points: 
  • SFFA alleges that West Point is violating the Fifth Amendment of the United States Constitution.
  • A preliminary injunction prohibiting West Point from considering or knowing an applicant's race when making admissions decisions.
  • A permanent injunction prohibiting West Point from considering an applicant's race when making admissions decisions.
  • However, no level of deference justifies these polarizing and disliked racial classifications and preferences in admissions to West Point or any of our service academies."