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The Latest Breaking News from NCLA

Lawsuit Argues That School Choice Is a First Amendment Issue

Nebraska plaintiffs say the state can’t mandate education and also control what kids are taught.

Reason

A Lawsuit Settlement Highlights Trump's Hypocrisy on Government Meddling With Social Media

Despite its rejection of the Biden administration's interference, the Trump administration is still asserting authority over online speech.

Reason

Can the Government Ban You from Telling the Truth?

Mark Chenoweth discusses the SEC’s gag rule, the power of the administrative state, and the legal battle over whether regulators can silence their critics.

Reason

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Judicial Misconduct or Impeachment Based On The Merits Of a Decision

Could a Judicial Council take away all of a judge's cases based on the merits of a decision? Could Congress delegate this power of stealth impeachment?

Reason

Cato Institute, NCLA Urge Appeals Court To Reject Trump Tariffs Citing Unauthorized Use Of Statute: Report

The Cato Institute and the New Civil Liberties Alliance (NCLA) have called on the Federal Circuit to strike down President Donald Trump‘s tariffs, arguing they rely on a statute that does not grant any authority to impose such tariffs.

Benzinga

Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All

The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.

Reason

Two Courts Have Ruled Against Trump's Tariffs—but Not for the Same Reasons

Both are wins for free trade, but only one vindicates the separation of powers.

Reason

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Will Trump's tariffs face more lawsuits as conservative opposition mounts?

Further lawsuits against US President Donald Trump's tariff regime are expected after his policy plunged global stock markets into chaos.

Euronews

NCLA Files Lawsuit Challenging Trump's IEEPA Tariffs Against China

The lawsuit raises nondelegation and major questions doctrine arguments.

Reason

Are Trump's Tariffs Constitutional?

The International Emergency Economic Powers Act does not authorize the president's imposition of tariffs, a lawsuit alleges.

Reason

Snowmobiler Asks the Supreme Court to Throw Out Sentence for Doing Something Stupid

There's an old saying, "Play stupid games, win stupid prizes." It's something that everyone should really live by and means if you know something is stupid, illegal, or wrong and you do it anyway, you shouldn't be surprised when it comes back to bite you in the ass. Nor should…

RideApart

How Clarence Thomas has provided a list of legal targets to ultra-right groups

The US supreme court justice has set out course of action by signaling ‘in an appropriate case’ in concurring opinions

The Guardian - US

SEC Faces Lawsuit Over Alleged Illegal Data Collection

Lawsuit filed against SEC by NCLA over alleged illegal data collection practices through CAT program, raising privacy and Fourth Amendment concerns.

Top News

Hiring Opportunities with NCLA and SLF

I am happy to pass along two hiring announcements. First, the New Civil Liberties Alliance is looking to hire a constitutional litigaiton fellow: Eligibility: Lawyers at private law firms with 1-2 years of litigation experience OR fresh from one or more judicial clerkships. Someone between judicial clerkships would also be…

Reason

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news in one place.

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Reason

An Administrative Court Scandal at the SEC

Why did the SEC suddenly dismiss dozens of cases?

The Guardian - US

‘Get the right cases to the supreme court’: inside Charles Koch’s network

Billionaire’s web of rightwing groups works to bring cases to court that could undermine core functionings of the US government

Reason

California Quietly Repeals Restrictions on Doctors' COVID-19 Advice

Several federal judges had expressed skepticism about the constitutionality of penalizing physicians for departing from a government-defined "consensus."

Reason

Charter Boat Captains Don't Have To Share Their Location Data With the Government, Court Rules

Plus: More lawmakers move to decriminalize psychedelic plants, Tennessee's "adult cabaret" law, and more...

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Chicago Sun-Times

California’s COVID-19 ‘misinformation’ law chills constitutionally protected speech

California is threatening to punish doctors whose advice deviates from the “scientific consensus.”

Reason

California's COVID-19 'Misinformation' Law Chills Constitutionally Protected Speech

The state is threatening to punish doctors whose advice deviates from the "scientific consensus."

Reason

Doctors Say a California Law Targeting Clinicians Who Share COVID-19 'Misinformation' Is Unconstitutional

The law authorizes regulators to discipline physicians who deviate from the "contemporary scientific consensus."

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