New Civil Liberties Alliance

Changes in Title IX Regulations and Threats to Due Process Vec and Mark discuss changes in Title IX regulations and the accompanying threats to due process. The ‘Special Needs’ Exception and Warrantless Searches Mark describes problems with the ‘special needs’ exception to the Fourth Amendment and NCLA’s amicus in support of cert. at the Supreme Court in Torcivia v. Suffolk Co., NY.

Despite making SCOTUSblog’s “Petitions We’re Watching” on multiple occasions this term, the U.S. Supreme Court failed to act on three different cert petitions in which NCLA asks to reconsider Chevron deference. In Aposhian v. Garland and Gun Owners of America v. Garland, NCLA is asking the high court to address the discord in lower courts regarding the application of Chevron deference to agency statutory interpretations that criminalize otherwise lawful conduct. In Buffington v. McDonough, NCLA challenged a Department of Veterans Affairs interpretation of that would capriciously deny disability payments to a veteran who served his country honorably for almost a decade. The lower courts determined that the applicable statute was ambiguous and granted Chevron deference to VA’s interpretation, despite a well-established interpretive norm mandating that ambiguous veterans’ benefits statutes are to be interpreted in favor of the veteran. Chevron deference requires judges to ignore their own best judgment in favor of government agencies. Any one of these cases would have been a strong vehicle for SCOTUS to make clear that Chevron deference is wrong and should be abandoned. But that didn't happen. SCOTUS didn't deny cert, but it didn't grant cert, either. Instead, it held these petitions over until the next term. What does this mean for the future of Chevron deference? Our expert panelists, NCLA Senior Litigation Counsel Rich Samp and renowned appellate litigators Roman Martinez from Latham & Watkins and John Tienken from Cooper & Kirk, discuss the curious fate of Chevron deference pending these three cert petitions.

New Evidence Revealed in Social Media and Vaccine Cases Mark and Vec discuss new evidence in social media and vaccine cases. On March 3, the U.S. Surgeon General demanded that the tech companies turn over information about individuals who spread “misinformation” about Covid-19, a clear intimidation tactic that HHS has labeled a “Request for Information” (RFI). NCLA previously filed a Complaint in the lawsuit, Changizi, et al. v. HHS, et al., in the U.S. District Court for the Southern District of Ohio. The lawsuit alleges that Surgeon General Vivek Murthy and HHS Secretary Xavier Becerra, whom NCLA has sued in their official capacities, do not have the statutory authority to issue this RFI. Chevron Deference and the Supreme Court Mark and Vec speculate on Chevron deference and the Supreme Court. NCLA has two cases challenging Chevron deference pending in the U.S. Supreme Court on a petition for a writ of certiorari—Aposhian v. Garland and Buffington v. McDonough.

NCLA President and General Counsel Mark Chenoweth joins The Chris Stigall podcast to discuss the Federal Covid-19 Vaccine Mandate and NCLA's active litigation on behalf of Americans with natural immunity whose careers were terminated due to refusing the jab.

NCLA President and General Counsel Mark Chenoweth joins Centerpoint TV to discuss vaccine mandates, natural immunity, and why it's important for government officials to backtrack on Covid-19 vaccine disinformation upon newly released evidence.

NCLA Files Brief in License Plate Data Collection Case NCLA has filed a reply brief in Raul Mas Canosa v. City of Coral Gables, Florida, et al., the lawsuit challenging the city’s use of Automatic License Plate Readers (ALPRs) to collect and store geographic location data of drivers. The city’s warrantless surveillance infringes the privacy rights of residents like Raul Mas Canosa, who is suing over the use of ALPRs. Ill-Considered Decision Revives Judicial Misconduct Complaint The Committee on Judicial Conduct and Disability of the Judicial Conference of the United States revived a judicial misconduct complaint against 11th U.S. Circuit Court of Appeals chief judge, William Pryor, and U.S. District Judge Corey Maze, over their hiring of a clerk accused of making discriminatory statements. Vec discusses the charges against Judges Pryor and Maze.

NCLA Asks Fifth Circuit to Toss ATF’s Bump Stock Ban NCLA filed its appellant brief in the Fifth Circuit in Cargill v. Garland, which could determine who has the constitutional authority to change the criminal law if changes are warranted. The appeals court vacated the three-judge panel’s opinion upholding ATF’s legal interpretation and granted en banc review. Mark discusses NCLA’s en banc brief in Cargill. Administrative Law, Fireworks, and Mount Rushmore Vec discusses administrative law, fireworks, and Mount Rushmore.

The False Academic Attacks on Legitimacy of Justices Mark and Vec discuss false academic attacks on the legitimacy of the Supreme Court justices’ appointments.

NCLA Celebrates Preliminary Win in Fulbright Scholarship Discrimination Case Vec announces NCLA’s preliminary win in the Fulbright scholarship discrimination lawsuit, Lujan v. Department of Education. NCLA filed the lawsuit, as well as a preliminary injunction on behalf of Ms. Ahmad, challenging the U.S. Department of Education’s 1998 rule and its decision to reject her 2021 application on the basis of her Arabic-speaking heritage. The Department of Education has agreed not to apply the rule to her and other similarly situated applicants this year. SEC Statements Indicate Problems with Gag Orders Vec describes problems with SEC’s gag rule based on SEC statements at a sentencing hearing in Tampa, FL, this week in SEC v. Spartan Securities Group, LTD., et al.

NCLA's Jenin Younes joins The Buck Sexton Show to discuss how the CDC worked with tech companies to censor posts about Covid-19.

NCLA Litigation Counsel Jenin Younes joins 590 The Fan to discuss current litigation against Covid-19 vaccine mandate policies.

NCLA Senior Litigation Counsel Peggy Little joins The Ross Kaminsky Show to discuss the Supreme Court case, SEC v. Michelle Cochran. NCLA and Latham & Watkins have authored an opening brief in the Supreme Court on behalf of Michelle Cochran, which will determine whether federal district courts have jurisdiction to hear structural constitutional objections to administrative proceedings. Ms. Cochran, a CPA from Dallas, TX, is challenging the constitutionality of the SEC's in-house ALJs and requests that her case be heard before a real Article III federal court that is competent to decide the claims at issue.

MSU’s Employee Covid-19 Vaccine Mandate NCLA recently filed an opening brief in the Sixth Circuit Court of Appeals in Norris v. MSU. Jeanna Norris, Kraig Ehm, and D’Ann Rohrer, current or former employees of Michigan State University fired for refusing a COVID-19 vaccine, have challenged MSU’s unlawful vaccine mandate, which violates their constitutional right to bodily autonomy, conditions their employment on receiving unnecessary medical treatment, and ignores their statutory right to informed consent. NCLA Senior Litigation Counsel Greg Dolin joins Vec to discuss the appellate brief. Does the Supreme Court Need Fixing? Does the Supreme Court need fixing? Vec and Greg discuss.

Gorsuch v. Kagan in West Virginia v. EPA In a 6-3decision, SCOTUS rejected the Environmental Protection Agency’s sweeping claim of regulatory authority under the Clean Air Act. The Court stated that EPA could not satisfy the “major questions” doctrine nor “point to ‘clear congressional authorization’” to devise carbon emissions limits. Chief Justice Roberts delivered the opinion of the Court, Justice Gorsuch filed a concurring opinion, and Justice Kagan a dissenting opinion. Vec discusses Justice Kagan’s dissent in West Virginia v. EPA with NCLA Litigation Counsel Casey Norman.

NCLA Senior Litigation Counsel Greg Dolin joins WILS-AM Radio to discuss NCLA's current case against Michigan State University's unlawful vaccine mandate, Norris v. MSU.

NCLA Senior Litigation Counsel John Vecchione and NCLA Litigation Counsel Casey Norman join The Bill Walton Show to discuss the Supreme Court's recent decision in West Virginia v. EPA and what happens next.

At the Gala, NCLA awarded Dr. Anthony Fauci with the ignominious “King George III Prize” for the bureaucrat who violated the most civil liberties last year. In a year when public health officials misled the American people for fear they could not handle the truth, only one man had the temerity to claim, “Attacks on me, quite frankly, are attacks on science.” Dr. Fauci also actively participated in efforts to undermine public understanding of naturally acquired immunity to Covid-19, pretending for many months—in a way that led thousands or more people to lose their jobs—that a vaccine should still be mandated for those with antibodies from natural immunity. So much for following the science. NCLA also announced the winners of the coveted George Washington Awards—the Georgies!—for their partnership with NCLA’s mission and bravery in standing up to the Administrative State. George Washington Award winners include: Raymond J. Lucia, Sr., for Client Bravery; Latham & Watkins LLP and Cooper & Kirk PLLC for Outstanding Pro Bono Service; and Allyson N. Ho and her Gibson, Dunn & Crutcher LLP team for Best Amicus Curiae Brief. Karen Cook and Michael McColloch were awarded the Cincinnatus Award for Selfless Service to NCLA. Avi Weiss of Columbia Law School won the NCLA Student Note Competition and a $10,000 prize to be split with the Columbia Law Review, which is publishing his piece.

Members of the legal community, academics, and supporters gathered on June 7, 2022, to commemorate the occasion at the NCLA 5th Anniversary Gala in Washington D.C., featuring special guest, the Honorable Mike Pompeo, 70th Secretary of State of the United States.

Members of the legal community, academics, and supporters gathered on June 7, 2022, to commemorate the occasion at the NCLA 5th Anniversary Gala in Washington D.C., featuring special guest, the Honorable Mike Pompeo, 70th Secretary of State of the United States.

Members of the legal community, academics, and supporters gathered on June 7, 2022, to commemorate the occasion at the NCLA 5th Anniversary Gala in Washington D.C., featuring special guest, the Honorable Mike Pompeo, 70th Secretary of State of the United States.

SCOTUS Limits EPA’s Regulatory Authority Under Clean Air Act Mark discusses the Supreme Court’s decision in West Virginia v. EPA with NCLA Senior Litigation Counsel Rich Samp. In a blockbuster 6-3decision, the Supreme Court rejected the Environmental Protection Agency’s sweeping claim of regulatory authority under the Clean Air Act. The Court stated that EPA could not satisfy the “major questions” doctrine nor “point to ‘clear congressional authorization’” to devise carbon emissions limits.

NCLA’s Opening SCOTUS Brief in SEC v. Cochran NCLA Senior Litigation Counsel Peggy Little discusses NCLA’s opening Supreme Court brief in SEC v. Cochran. Peggy Little is NCLA’s lead counsel on the case and successfully argued it before the en banc Fifth Circuit. Jacobson and MSU’s Vaccine Mandate Lawsuit Jenin and Mark discuss Jacobson precedent and NCLA’s opening brief in Norris v. MSU in the Sixth Circuit. Jeanna Norris, Kraig Ehm, and D’Ann Rohrer, all current or former employees of Michigan State University (MSU), are challenging the school’s COVID-19 vaccine mandate, which violates their constitutional rights to bodily autonomy and unlawfully conditions their employment on receiving unnecessary medical treatment.

NCLA’s President and General Counsel Mark Chenoweth chats with Ilya Shapiro, Senior Fellow and Director of Constitutional Studies at the Manhattan Institute. After 15 years at the Cato Institute, Shapiro was set to start new position as a Senior Lecturer at Georgetown University’s Center for the Constitution. But before he could even start, Shapiro found himself the victim of a vicious cancellation attempt from his enemies on the Left. For his sin, an innocuous if inartful tweet about a pending Supreme Court nomination, Shapiro was suspended by Georgetown and left in limbo for months. Eventually, the dean of the law school issued a half-hearted, almost apologetic, pronouncement that Shapiro had not committed a fireable offense because he was not, at the time of the tweet, an employee of the university. But the university's statement left no doubt that any future wrongthink would be dealt with harshly. In a move both shocking and, on second thought, completely unsurprising, Shapiro shortly thereafter announced his intention to join the Manhattan Institute, rather than start at Georgetown.

NCLA Seeks Preliminary Injunction Against Dept. of Education NCLA has filed a Motion for Preliminary Injunction in a lawsuit challenging the U.S. Department of Education’s (ED) application process for the Fulbright-Hays Fellowship, which unlawfully discriminates based on applicants’ nation of origin. Mark and Vec discuss the Preliminary Injunction in Lujan v. Dept. of Education. NCLA’s Ginsburg-Scalia Fellowship Honors Justices’ Legacy of Civility NCLA has recently launched the Ginsburg-Scalia Fellowship, an annual summer program for law students working in Washington D.C. honoring the legendary friendship of former Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia. Mark talks about the Ginsburg-Scalia Fellowship and the relationship between current SCOTUS Justices Clarence Thomas and Sonia Sotomayor.

Dissecting Carson v. Makin and New York State Rifle & Pistol Assoc. v Bruen Carson v. Makin: In a 6-to-3 vote, the Supreme Court has ruled that Maine violated the Free Exercise Clause by restricting its program of tuition assistance to private schools that are “nonsectarian.” Vec discusses “Free Exercise” in the Supreme Court case of Carson v. Makin. New York State Rifle & Pistol Assoc. v Bruen: The Supreme Court has struck down a New York gun law that places restrictions on carrying a concealed gun outside the home. Mark dissects the 2nd Amendment Supreme Court case New York State Rifle & Pistol Association v. Bruen.