New Civil Liberties Alliance

NCLA President Mark Chenoweth and NCLA client Michael Cargill join Newsman to discuss NCLA's major win in the 5th Circuit against ATF's bump stock ban.

Jen Psaki’s Deposition and the FBI Paying Twitter Vec discusses developments in State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al., including Jen Psaki’s deposition and recently disclosed “Twitter Files” information that the FBI paid Twitter nearly $3.5 million tocensor social media users. The Student Loan Debt Cancellation Plan Undermines Nonprofits NCLA has filed abriefopposing the government’s motion to dismiss or transfer inCato Institute v. U.S. Department of Education.NCLA explains to the U.S. District Court for the District of Kansas why the Cato Institute has standing to challenge the Biden Administration’sstudent-loan-debt-cancellation plan. The lawsuit argues that the unilateral plan issued by the U.S. Department of Education to cancel student loan debt is supported by no legitimate claim of statutory authority and effectively strips away a significant competitive advantage to recruit and retain talented borrower-employees from nonprofits, thereby frustrating the primary purpose of the pre-existing Public Service Loan Forgiveness (PSLF) program.

NCLA Litigation Counsel Jenin Younes joins The Clay Travis & Buck Sexton Show to discuss Missouri v. Biden and what we've uncovered so far about the Biden admin's coercion of Big Tech to censor Americans online.

Fifth Circuit Blocks Federal Contractor Vaccine Mandate A panel of the U.S. Court of Appeals for the Fifth Circuit upheld a lower court's ruling blocking the Biden administration's Covid-19 vaccine mandate for federal contractors. In a 2-1 decision, the court said the mandate could be interpreted to give President Joe Biden “nearly unlimited authority to introduce requirements into federal contracts.” NCLA represents clients inJames Joseph Rodden, et al. v. Dr. Anthony Fauci, et al., a similar class-action lawsuit seeking to overturn the vaccine mandate imposed on federal workers. Vec discusses the Fifth Circuit’s prohibition of the contractor vaccine mandate in Louisiana, Mississippi, and Indiana. Lawsuit Against CT’s Freedom of Information Commission This week, Judge John L. Cordani denied the Connecticut Freedom of Information Commission’s (FOIC) motion to strike in the lawsuit, Energy Policy Advocates v. Freedom of Information Commission, et al. NCLA Senior Litigation Counsel Peggy Little joins the show to discuss the latest updates in the case.

NCLA Litigation Counsel Jenin Younes joins NTD to talk about representing doctors in the case of Missouri v. Biden, NCLA's case against Government-Big Tech collusion to censor pandemic information online.

NCLA Litigation Counsel Jenin Younes joins On the Fringe with Trish Wood to discuss Missouri v. Biden, NCLA's joint lawsuit with MO & LA attorneys-general against government-Big Tech coercion, and the recent deposition of Dr. Anthony Fauci.

NCLA Opposes Govt’s Motion to Dismiss Student Loan Debt Cancellation Lawsuit Mark discusses the latest motion filed in Cato v. Department of Education, NCLA’s case against Biden’s student-loan-debt-cancellation plan. Holiday Parody Takes Digs at EPA’s Role in Causing Gold King Mine Environmental Disaster The EPA's actions are inspiration for a parody video of one of the largest environmental catastrophes ever. The project is a collaboration between NCLA and internet celebrity Remy. The video draws on the familiar Christmas carol “Good King Wenceslas,” while detailing EPA’s actions on August 5, 2015, when EPA personnel breached the Gold King Mine near Silverton, Colorado, releasing three million gallons of toxic mine waste and heavy minerals flowed into a tributary of the Animas River, part of the Colorado River watershed. Vec and Mark discuss the new video by Remy and NCLA.

Rhode Island Herring Fishermen Support Supreme Court Review of At-Sea Monitor Rule Relentless Inc., Huntress Inc., and Seafreeze Fleet LLC, corporations operating in the herring fishery off the coast of New England, have filed an amicus curiae brief in support of Loper Bright Enterprises’ petition for awrit of certiorari. These Rhode Island small businesses urge the Supreme Court to review this case to (1) address the circuit split in how agency actions under the Magnuson-Stevens Act (MSA) are granted Chevron deference, and (2) halt a regulation that allows the National Marine Fisheries Service (NMFS) to unlawfully charge fisherman for a government function Congress does not believe is worth spending Americans’ tax dollars on. NCLA represents amici in Relentless Inc. et al. v. U.S. Dept. of Commerce et al., now pending in the U.S. Court of Appeals for the First Circuit. Vec discusses the amicus brief in Loper Bright. SCOTUS Grants Cert. In Suit Against IRS’s Interpretation of the Tax Code Mark looks at the new cert. grant in the U.S. Supreme Court in the case of Polselli v. IRS, a case challenging IRS’s unchecked authority to secretly summons any person’s private records based on mere suspicion that the records will help the government collect somebody else’s tax liability.

A video released by the New Civil Liberties Alliance exposes backdoor dealings between federal officials and Big Tech to censor the private speech of Americans. Public statements, emails, and recently released documents establish that senior officials from the White House and at least eleven federal agencies and sub-agencies, including the FBI, directed social-media companies to censor viewpoints that conflict with the government’s messaging on Covid-19. NCLA represents Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, as well as Jill Hines, Co-Director of Health Freedom Louisiana. These plaintiffs are part of the State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al. lawsuit, in which NCLA joined the Missouri and Louisiana attorneys-general in suing the Biden Administration over government-sponsored censorship on Twitter, Facebook, and other social media outlets. Website: https://nclalegal.org Facebook: https://www.facebook.com/NewCivilLibertiesAlliance Twitter: https://twitter.com/NCLAlegal LinkedIn: https://www.linkedin.com/company/ncla-legal/ Instagram: https://www.instagram.com/nclalegal/

A video released by NCLA exposes backdoor dealings between federal officials and Big Tech to censor the private speech of Americans. Disclosures in discovery uncovered public statements, emails, and recently released documents establish that senior officials from the White House and at least eleven federal agencies and sub-agencies directed social-media companies to censor viewpoints that conflict with the government’s messaging on Covid-19. NCLA, a nonpartisan, nonprofit civil rights group, filed two lawsuits seeking to expose the breadth of this federal censorship enterprise and remove federal-government censorship from the modern public square. NCLA represents Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, as well as Jill Hines, Co-Director of Health Freedom Louisiana, in State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al. NCLA joined the Missouri and Louisiana attorneys general in suing the Biden Administration for its role in government-sponsored censorship. The video also features Mark Changizi, a cognitive theoretical scientist in the case [case name], one of multiple plaintiffs in the case, [case name] suing the U.S. Surgeon General and HHS after his Twitter accounts were suspended due to government-directed censorship. Website: https://nclalegal.org Facebook: https://www.facebook.com/NewCivilLibe... Twitter: https://twitter.com/NCLAlegal LinkedIn: https://www.linkedin.com/company/ncla... Instagram: https://www.instagram.com/nclalegal/

Amicus Brief Takes on SEC’s Arbitrary Calculations of Civil Penalties in Enforcement Cases The Securities and Exchange Commission (SEC) recently announced record-breaking enforcement results, boasting a staggering $4.2 billion in civil penalties imposed during just the past fiscal year—the agency’s “highest on record.” It did so by using putatively “civil” law enforcement powers to seek and impose severe financial penalties—calculated using arbitrary and inconsistent multipliers—against American citizens without due process and procedural protections. NCLA has filed an amicus brief in SEC v. Murphy urging the 9th Cir. to bring desperately needed consistency, clarity, and discipline to the calculation of civil penalties in enforcement cases prosecuted by the SEC. Mark interviews NCLA Senior Litigation Counsel Russ Ryan on NCLA’s amicus brief opposing SEC’s enforcement penalty multipliers. SEC Fails to Provide Records After Enforcement Staff Illegally Accessed Documents After submitting a Freedom of Information Act (FOIA) request to the SEC, NCLA has filed a Complaint alleging that the agency is dragging its feet in providing access to records concerning “a control deficiency,” where SEC enforcement staff illegally downloaded and gained access to privileged adjudicative documents. The agency has admitted that this breach occurred in two major cases challenging the constitutionality of SEC’s administrative proceedings, SEC v. Cochran and Jarkesy v. SEC. Mark interviews NCLA Senior Litigation Counsel Peggy Little on the FOIA case against SEC.

Missouri v. Biden: Deposing Dr. Fauci Vec interviews NCLA Litigation Counsel Jenin Younes on the recent deposition of Dr. Anthony Fauci in NCLA’s joint lawsuit with the Missouri and Louisiana AGs against the Biden Administration’s coercion with Big Tech to censor viewpoints on Covid-19 that do not align with the government’s. Former WH Press Secretary Jen Psaki is also set for an upcoming deposition in the lawsuit.

The "Twitter files" have revealed the NCLA client and Stanford University Professor Dr. Jay Bahattacharya was shadow banned on Twitter for arguing that Covid lockdowns would harm children. NCLA Litigation Counsel Jenin Younes joins NTD to discuss possible lawsuits against Big Tech-government coercion.

On the morning of August 5, 2015, the U.S. Environmental Protection Agency (EPA) breached the Gold King Mine in Silverton, CO without taking proper precautions. Within minutes EPA triggered a massive blowout that released toxic sludge onto the private property below and into the waterways downstream. Shortly after EPA's deliberate environmental disaster, they constructed a $2.3 million dollar water treatment facility on a concrete slab of Todd Hennis’s property refusing to pay him anything for the privilege. Website: https://nclalegal.org Facebook: https://www.facebook.com/NewCivilLibe... Twitter: https://twitter.com/NCLAlegal LinkedIn: https://www.linkedin.com/company/ncla-legal/ Instagram: https://www.instagram.com/nclalegal/

NCLA Files Class-Action Against Massachusetts for Auto-Installing Covid Spyware on 1 Million Phones The Massachusetts Department of Public Health (DPH) worked with Google to auto-install spyware on the smartphones of more than one million Commonwealth residents, without their knowledge or consent, in a misguided effort to combat Covid-19. Such brazen disregard for civil liberties violates the United States and Massachusetts Constitutions and cannot stand. NCLA has filed a class-action lawsuit, Wright v. Massachusetts Department of Public Health, et al., challenging DPH’s covert installation of a Covid tracing app that tracks and records the movement and personal contacts of Android mobile device users without owners’ permission or awareness. Mark discusses NCLA’s new case on government tracking. Amicus Brief Calls on 6th Circuit to Restore Congress’ Power to Set Safety Standards NCLA has filed an amicus curiae brief in Allstates Refractory Contractors LLC v. Walsh, et al., challenging the constitutionality of the Occupational Safety and Health (OSH) Act of 1970. NCLA’s brief asks the U.S. Court of Appeals for the Sixth Circuit to decide that the OSH Act unlawfully transfers lawmaking power—specifically, the legislative power to promulgate permanent “safety standards”—by authorizing the Secretary of Labor to promulgate, modify, or revoke any occupational safety standard he deems “reasonably necessary or appropriate.” Mark discusses NCLA’s amicus brief in Allstates Refractory Contractors v. Walsh.

The Lawsuits Challenging Biden’s Student Loan Debt Cancellation Plan Mark and Vec discuss the ongoing student loan dent cancellation cases. Judge Turns Away Jen Psaki’s Motion to Quash Subpoena A district court has struck down former White House Secretary Jen Psaki’s motion to quash a subpoena issued to her in the case of State of Missouri ex rel. Schmitt, et al. v. Biden, et al., NCLA’s joint lawsuit with Missouri and Louisiana attorneys-general against the government’s coercion with big tech to censor Americans on social media. Vec relives the events.

NCLA Litigation Counsel Jenin Younes joins TBN to discuss NCLA's recent deposition of FBI agent Elvis Chan and the FBI's role in censoring information on the Hunter Biden laptop story.

NCLA Litigation Counsel Sheng Li joins Newsmax to discuss NCLA's new lawsuit against the Massachusetts Department of Public Health for working with Google to auto-install a covid-tracing app on the Android devices of one million residents.

NCLA Litigation Counsel Sheng Li joins Philadelphia's Morning Answer to discuss NCLA's new case, Wright v. Mass. Dept. of Public Health, against the state's coercion with Google to auto-install a Covid-19 tracking device on the devices of over 1 million residents.

The Lawsuits Challenging Biden’s Student Loan Debt Cancellation Plan Mark and Vec discuss the ongoing student loan dent cancellation cases. Judge Turns Away Jen Psaki’s Motion to Quash Subpoena A district court has struck down former White House Secretary Jen Psaki’s motion to quash a subpoena issued to her in the case of State of Missouri ex rel. Schmitt, et al. v. Biden, et al., NCLA’s joint lawsuit with Missouri and Louisiana attorneys-general against the government’s coercion with big tech to censor Americans on social media. Vec relives the events.

NCLA Files Class-Action Against Massachusetts for Auto-Installing Covid Spyware on 1 Million Phones The Massachusetts Department of Public Health (DPH) worked with Google to auto-install spyware on the smartphones of more than one million Commonwealth residents, without their knowledge or consent, in a misguided effort to combat Covid-19. Such brazen disregard for civil liberties violates the United States and Massachusetts Constitutions and cannot stand. NCLA has filed a class-action lawsuit, Wright v. Massachusetts Department of Public Health, et al., challenging DPH’s covert installation of a Covid tracing app that tracks and records the movement and personal contacts of Android mobile device users without owners’ permission or awareness. Mark discusses NCLA’s new case on government tracking. Amicus Brief Calls on 6th Circuit to Restore Congress’ Power to Set Safety Standards NCLA has filed an amicus curiae brief in Allstates Refractory Contractors LLC v. Walsh, et al., challenging the constitutionality of the Occupational Safety and Health (OSH) Act of 1970. NCLA’s brief asks the U.S. Court of Appeals for the Sixth Circuit to decide that the OSH Act unlawfully transfers lawmaking power—specifically, the legislative power to promulgate permanent “safety standards”—by authorizing the Secretary of Labor to promulgate, modify, or revoke any occupational safety standard he deems “reasonably necessary or appropriate.” Mark discusses NCLA’s amicus brief in Allstates Refractory Contractors v. Walsh.

SCOTUS Rejects Challenge to Chevron in VA Benefits Suit, Gorsuch Dissents NCLA filed a cert. petition in the U.S. Supreme Court on behalf of U.S. Air Force veteran Thomas Buffington against the U.S. Department of Veterans Affairs (VA), seeking to overturn the Federal Circuit’s disregard of the pro-veteran canon of statutory construction in determining his benefits. On November 7th, 2022, the Supreme Court denied NCLA’s cert. petition, with Justice Neil Gorsuch delivering a 16-page dissent. Mark shares aspects of Justice Gorsuch’s dissent in Buffington v. McDonough. Senate Control and Its Effect on Administrative Agencies Vec discusses Senate control and its effect on administrative agencies.

NCLA Asks U.S. Supreme Court to Uphold Federal Jurisdiction over Unconstitutional Agency Proceedings In Securities and Exchange Commission v. Michelle Cochran, the Court is reviewing a Fifth Circuit en banc ruling that district courts have jurisdiction to hear structural constitutional challenges to SEC’s administrative proceedings—before those proceedings take place. Former Solicitor General Greg Garre of Latham & Watkins, advocating for Ms. Cochran, asked the Justices to uphold district court jurisdiction, an important bulwark for individual liberty and a vital check on administrative power Mark asks NCLA Senior Litigation Counsel Peggy Little about the Cochran oral argument at SCOTUS. SCOTUS Oral Argument in Axon v. FTC Vec and Mark discuss the Supreme Court oral arguments in Axon v. FTC, a similar case to SEC v. Cochran challenging FTC’s administrative proceedings.

Standing Dispute in Nebraska v. Biden Mark discusses standing dispute in Nebraska v. Biden student-loan-debt-cancellation case. “How to Rein in Elon Musk” A recent article written by Luke Goldstein for the Washington Monthly argues that Elon Musk, now the owner of Twitter, has “too much power.” Vec worries about the administrative mindset in the article “How to Rein in Elon Musk.”

CA Doctors Sue Gov. Newsom and Medical Board Over New Law Censoring Medical Advice A new California law signed by Governor Gavin Newsom empowers the Medical Board of California to discipline physicians who “disseminate” information regarding Covid-19 that departs from the “contemporary scientific consensus.” NCLA has filed a complaint and motion for a preliminary injunction in Høeg, et al. v. Newsom, et al., asking the U.S. District Court for the Eastern District of California to prevent AB 2098 from going into effect. Mark discusses the new NCLA case against the Covid speech ban for doctors. FTC Invents Regulatory Power It Lacks The Federal Trade Commission has a well-documented history of asserting regulatory powers beyond anything granted to it by Congress. FTC recently announced a proposed consent agreement with Drizly, the alcoholic beverage delivery company, and its CEO, James Cory Rellas, for alleged consumer data breaches. Vec interviews NCLA Litigation Counsel Kara Rollins about the consent agreement.