New Civil Liberties Alliance

NCLA joined the Missouri and Louisiana attorneys general in suing President Biden, Anthony Fauci, and HHS for their role in government-sponsored censorship. Discovery in State of Missouri ex rel. Schmitt, et al. v. Biden, et al. revealed just how much of Big Tech censorship is compelled or coerced by government actors behind the scenes—from the FBI to the White House, including public health autocrats like Fauci. This collusion between private companies and the government rises to the level of state action and poses a danger to free speech and the future of scientific inquiry. NCLA Senior Litigation Counsel John Vecchione moderates a panel discussion with Jenin Younes, Litigation Counsel, who has led NCLA's high-impact cases against government abuse during the pandemic; Mark Changizi, cognitive theoretical scientist and NCLA client, whose Twitter account was censored at the behest of bureaucrats at HHS; and Jill Hines, Co-Director of Health Freedom Louisiana, whose two social media accounts have experienced extensive censorship due to her Covid-19 viewpoints.

The Buckeye Institute’s D.C. Restaurant Shutdown Case Vec interviews Robert Alt, The Buckeye Institute’s president and chief executive officer, on Flannery v. D.C. Department of Health, a Buckeye Institute lawsuit challenging D.C.’s unconstitutional emergency acts and orders, which were used to shut down a neighborhood bar and grill. Six States Sue Biden Administration Over Mass Student Loan Cancellation NCLA has filed an amicus brief in the lawsuit brought by six States—Nebraska, Missouri, Arkansas, Iowa, Kansas, and South Carolina—to block the Biden Administration’s unlawful student loan debt cancellation plan. The U.S. Court of Appeals for the Eighth Circuit issued a stay of the executive action while it considers the States’ emergency request. NCLA urges the Eighth Circuit to halt the debt cancellation plan while it considers the States’ arguments on appeal because the plan is so obviously unconstitutional. Mark discusses Nebraska v. Biden.

Ninth Circuit Ruling Creates Circuit Split on Fourth Amendment Issue In the case of Verdun v. City of San Diego, the U.S. Court of Appeals for the Ninth Circuit ruled that the City of San Diego did not violate the Fourth Amendment by chalking tires without a warrant to enforce parking time limits. The decision creates a split with the Sixth Circuit on the issue. Pennsylvania's Speech Code for Lawyers NCLA has filed an amicus brief in Greenberg v. Lehocky opposing the attempt by Pennsylvania officials to revive a rule that would introduce overly vague language governing discrimination- based misconduct in the legal profession. Pennsylvania’s Rule 8.4(g) exposes attorneys to discipline—including sanctions that deprive lawyers of the ability to earn a livelihood—if, while in the practice of law, they knowingly communicate in a manner “constituting harassment or discrimination.” Mark describes NCLA’s amicus brief in Greenberg v. Lehocky.

NCLA Litigation Counsel Jenin Younes joins Newsmax to discuss Elon Musk's recent purchase of Twitter and the social media company's midterm "misinformation policy."

New Activity in NCLA’s Gov’t Censorship Case Vec discusses recent developments in NCLA’s case, State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al., the lawsuit that blows the lid off a sprawling federal censorship regime. Status Updates on Recent Student Loan Cancellation Lawsuits Mark and Vec give status updates on lawsuits brought by organizations against the Biden Administration’s student loan cancellation plan.

NCLA President & General Counsel Mark Chenoweth joins TBN to discuss NCLA's new lawsuit, Cato Institute v. Dept. of Education, representing the Cato Institute against Biden's student loan forgiveness program.

NCLA Litigation Counsel Jenin Younes joins NTD Evening News to discuss Judge Terry Doughty's decision to grant the depositions of key government officials for their role in social media censorship in the case of Missouri v. Biden.

NCLA and Cato Challenge Biden’s Plan to Cancel Student Debt NCLA has filed the lawsuit, Cato Institute v. U.S. Department of Education, urging the U.S. District Court for the District of Kansas to stop the Biden Administration’s student-loan-debt- cancellation plan. NCLA’s complaint argues the unilateral plan issued by the 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 program. Mark explains Cato v. Dept. of Education. Lawsuits Against Executive Action on Student Loans Mark and Vec discuss various cases against the executive action on student loans and their prospects.

Fifth Circuit Strikes Down CFPB Funding Method In the case of Community Financial Services Association of America v. CFPB, three judges on the U.S. Court of Appeals for the Fifth Circuit have ruled that the CFPB's funding method violates the Constitution's structural separation of powers. The judges also invalidated part of the CFPB's 2017 payday lending rule. Vec reviews the Fifth Circuit ruling. New NCLA Video on Nasdaq’s Board Diversity Rules The U.S. Securities and Exchange Commission approved Nasdaq’s listing rules requiring most companies in the stock exchange to meet quotas for race, gender, and sexual preference in corporate board membership. A new video released by NCLA explains why these Board Diversity Rules fall outside of the agency’s regulatory authority. Mark and Vec discuss NCLA’s recent video concerning Nasdaq’s Board Diversity Rules.

New Activity in NCLA’s Gov’t Censorship Case Vec discusses recent developments in NCLA’s case, State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al., the lawsuit that blows the lid off a sprawling federal censorship regime. Status Updates on Recent Student Loan Cancellation Lawsuits Mark and Vec give status updates on lawsuits brought by organizations against the Biden Administration’s student loan cancellation plan.

The Dormant Commerce Clause In 2018, California approved Proposition 12, what supporters describe as the country’s strongest law to protect farm animals. The U.S. Supreme Court has heard oral arguments in National Pork Producers Council v. Ross challenging the constitutionality of the law. The challengers, two groups that represent farmers and pork producers, contend the law “will transform the pork industry nationwide,” while California and its supporters insist that the impact will be more limited. And both sides of the dispute contend that a ruling for the other side will have legal implications far beyond animal welfare. Vec discusses the Supreme Court’s argument in National Pork Producers Council v. Ross and the Dormant Commerce Clause. Consumers’ Research v. CPSC NCLA has filed an amicus brief in Consumers’ Research, et al. v. CPSC, a case before the U.S. Court of Appeals for the Fifth Circuit. Consumers’ Research successfully challenged the structure of the Consumer Product Safety Commission (CPSC) after a federal district court held that the agency violated Article II of the Constitution and the separation of powers because the Commission exercises substantial executive power but is improperly insulated from presidential removal. CPSC has appealed that decision. Mark and Vec discuss NCLA’s amicus brief in Consumers’ Research v. CPSC.

Amended Complaint Filed in NCLA Gov’t Censorship Lawsuit NCLA, the Attorney General of Missouri, and the Attorney General of Louisiana, have filed a second amended complaint in the lawsuit that exposed scores of federal officials across at least eleven federal agencies secretly communicating with social-media platforms to censor and suppress private speech the government disfavors. 47 new defendants, including officials from the White House, Centers for Disease Control, the FBI and 11 other federal agencies have been added to a lawsuit. Plaintiffs are also seeking to depose many of these top-ranking officials. Vec discusses Missouri v. Biden and the recently filed amended complaint with NCLA Litigation Counsel Jenin Younes. NCLA Amicus Brief Encourages Fifth Cir. to Reject Judicial Deference to Sentencing Commission NCLA has filed an amicus brief in United States v. Vargas, urging the en banc U.S. Court of Appeals for the Fifth Circuit to decide that Stinson deference should not be applied when it results in a more severe criminal sentence. NCLA argues that existing Fifth Circuit precedent, which the panel was bound to apply in its vacated decision, follows flawed reasoning and causes courts to defer reflexively to United States Sentencing Commission commentary, even when Sentencing Guidelines are unambiguous. Vec discusses Stinson deference and NCLA’s amicus brief in U.S. v. Vargas with NCLA Litigation Counsel Kara Rollins.

Is the End of University Affirmative Action Near? The U.S. Supreme Court is set to hear two legal challenges to the affirmative action programs used by admissions offices at the University of North Carolina and Harvard University. The petitioner in these cases, Students for Fair Admissions, claims that affirmative action hurts Asian-American students, and is asking SCOTUS to prevent colleges and universities from considering students’ race in the admissions process. Vec previews the affirmative action university cases before the Supreme Court. Axon v. FTC and SEC v. Cochran at the Supreme Court Vec previews Axon v. FTC and NCLA’s Cochran case before the Supreme Court.

NCLA Suit Uncovers Army of Federal Bureaucrats Coercing Big Tech to Censor Speech NCLA’s lawsuit, State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al., reveals scores of federal officials across at least eleven federal agencies have secretly communicated with social-media platforms to censor and suppress private speech federal officials disfavor. Vec interviews NCLA clients Mark Changizi, a cognitive theoretical scientist, and Jill Hines, Co-Director of Health Freedom Louisiana, on government-induced social media censorship.

Supreme Court Starts New Term The U.S. Supreme Court began its Fall 2022 term on Monday, October 3rd, 2022. NCLA has several cases pending before SCOTUS in cases involving Chevron deference, ATF’s bump stock ban, and SEC enforcement proceedings. Vec discusses the start of the new SCOTUS term. Ranchers Are Taking USDA to High Court Over FACA NCLA has filed a petition for a writ of certiorari with the U.S. Supreme Court in R-CALF USA v. USDA, asserting that USDA’s sub-agency, APHIS, failed to comply with statutory requirements in the Federal Advisory Committee Act (FACA) when it established two advisory committees. The Tenth Circuit let APHIS off the hook based on an unduly confined interpretation of “established” that would gut FACA. U.S. courts of appeals have issued sharply conflicting decisions on the issues presented in this case—warranting Supreme Court review to resolve the split in authority. Mark explains NCLA’s cert. petition in R-CALF v. USDA.

NCLA Litigation Counsel joins On the Fringe with Trish Wood to discuss the First Amendment, government censorship, and NCLA's joint lawsuit with Missouri and Louisiana attorneys-general against the government's collusion with Big Tech to censor Americans on social media.

The U.S. Securities and Exchange Commission (SEC) is receiving pushback over its recent approval of Nasdaq’s Board Diversity Rules, which require all companies listed on the exchange to not only publicly disclose board diversity statistics but also explain failures to meet new diversity requirements. NCLA filed an opening brief in the U.S. Court of Appeals for the Fifth Circuit on behalf of the National Center for Public Policy Research. NCLA’s client, which owns shares in many Nasdaq companies, argues that SEC has no power to regulate in this field because the rules have nothing to do with fraud or honest markets. The diversity rules fall outside of SEC’s regulatory authority under the Securities Exchange Act of 1934, which empowered SEC to regulate securities to ensure honest markets and enforce federal laws that punish fraud. These longstanding laws are being misinterpreted today by SEC to allow the agency, working with Nasdaq, to impose a “meet quota, explain why, or get delisted” regime. 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/

Fifth Cir. Upholds Texas Law Barring Social Media Companies from Content Moderation In a recent decision in NetChoice v. Paxton, the Fifth Circuit Court of Appeals upheld a Texas law that would bar social media companies from engaging in many forms of content moderation. Vec interviews NCLA Paralegal Roey Goldstein on the Fifth Circuit’s decision. Is the Pandemic Over? President Biden Says So Vec talks with NCLA Litigation Counsel Sheng Li about President Biden’s recent declaration that “the pandemic is over” and what this statement means for lawsuits against unconstitutional Covid-19 vaccine mandates.

Title IX Changes Threaten Due Process The U.S. Department of Education’s proposed changes to Title IX of the Education Amendments of 1972 would severely curtail due process protections in Title IX proceedings as well as violate First Amendment rights to free speech, expression, association, and practice of religion. Comments filed by NCLA argue that assault and sexual harassment/discrimination adjudications should be eliminated entirely from campuses and moved into the criminal justice or civil justice system. If, however, they are going to be dealt with on campuses, then such adjudications must protect the due process rights of both the accuser and the accused. Vec discusses NCLA’s comments on the Dept. of Education’s proposed Title IX regulation with NCLA Litigation Counsel Jenin Younes. Compensation for Property Owners Harmed by Eviction Moratorium NCLA filed an amicus brief in Darby Development Company, Inc., et al. v. United States in the U.S. Court of Appeals for the Federal Circuit. In this case, dozens of rental property owners assert that the Centers for Disease Control and Prevention (CDC) Eviction Moratorium effected either a compensable taking or an illegal exaction under the Fifth Amendment. Vec explains Darby v. U.S.

NCLA Brief Supports Effort to Prevent Independent FTC from Exercising Executive Power NCLA has filed an amicus brief in the case FTC v. Walmart before the U.S. District Court for the Northern District of Illinois, arguing that FTC lacks constitutional authority to bring a lawsuit for monetary damages and injunctive relief against Walmart Inc. Mark and John discuss Humphrey’s Executor and FTC v. Walmart. Yeshiva University’s Religious Freedom Lawsuit NCLA filed an amicus brief in support of Yeshiva University’s Supreme Court application seeking an emergency stay pending appeal of a court order to “immediately” approve an official “Pride Alliance” student club. NCLA argued that the constitutional harms stemming from the injunction were substantial and could continue possibly for years while the case reaches absolute finality. The denial of one’s First Amendment rights, even for short periods, constitutes irreparable harm and necessitates correction by the courts.

First Cir. Oral Argument in Suit Challenging Government Required At-Sea Monitors NCLA appeared before the U.S. Court of Appeals for the First Circuit on September 13, 2022, to present oral argument on behalf of Relentless Inc. in the case of Relentless Inc., et al. v. U.S. Dept. of Commerce, et al., challenging NOAA’s unlawful at-sea monitor mandate for Atlantic herring fishing boats. Vec discusses NCLA’s oral argument in Relentless. Oral Argument Before Full Fifth Cir. In Bump-Stock Ban Case NCLA Senior Litigation Counsel Rich Samp appeared before all judges of the U.S. Court of Appeals for the Fifth Circuit on September 13, 2022, to present oral argument on behalf of Michael Cargill in the case of Michael Cargill v. Merrick Garland, et al. NCLA is challenging the ATF’s unconstitutional bump stock ban and urging the Fifth Cir. to reject deference to the government. Mark discusses NCLA’s oral argument in Cargill.

NCLA's Jenin Younes joins Centerpoint to discuss recent First Amendment lawsuits against the Biden Administration that involve freedom of speech and censorship by Big Tech.

Judge Orders Fauci and WH Press Secretary to Release Records Related to Big Tech Censorship Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana orderedDr. Anthony Fauci and White House Press Secretary Karine Jean-Pierre to respond to documentrequests by NCLA in conjunction with the Missouri and Louisiana attorneys general on behalf ofplaintiffs in State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al. Vec discusses discovery developments in Missouri v. Biden. Humphrey’s Executor Issue in FTC v. Walmart The Federal Trade Commission (FTC) has sued Walmart for allowing its money transfer servicesto be used by fraudsters, who fleeced consumers out of hundreds of millions of dollars. Mark andVec explain the Humphrey’s Executor issue in FTC v. Walmart.

NCLA’s SCOTUS Reply Brief Refutes SEC’s Scattershot Arguments A reply brief submitted to the U.S. Supreme Court in SEC v. Cochran explains why Texas accountant Michelle Cochran has the right to have her original lawsuit against the Securities andExchange Commission (SEC) heard in federal district court. SEC has tried to block this essentialavenue for vindicating constitutional safeguards, insisting that Congress insulated the agency’sadministrative proceedings from any meaningful judicial scrutiny until after SEC has issued afinal order in the proceeding. Mark discusses NCLA’s reply brief in Cochran at the Supreme Court. NCLA Asks Full Fifth Circuit to Scrap Fed Employee Vaccine Mandate NCLA and its clients from the class-action lawsuit, Rodden v. Fauci, have filed an amicus curiaebrief in Feds for Medical Freedom v. Biden, a similar case seeking to overturn the vaccinemandate imposed on federal workers. NCLA and the Rodden plaintiffs urge the en banc Court ofAppeals for the Fifth Circuit to affirm the U.S. District Court for the Southern District of Texas’soriginal injunction against President Biden’s unprecedented vaccine mandate. John details NCLA’s amicus brief in Feds for Medical Freedom v. Biden.

NCLA Litigation Counsel Jenin Younes joins SiriusXM Patriot to discuss NCLA's recent lawsuit with MO & LA attorneys general against government-influenced censorship of Americans on social media and what we've uncovered so far.