Podcasts about ncla

As the Supreme Court weighs in on the president's use of the Alien Enemies Act, Mary and Andrew approach this week's developments with both concern and relief. While relieved at the unanimity of the High Court's belief that due process is a necessity, the concern lies with the Trump administration's response to a court order directing them to arrange the return of Kilmar Abrego Garcia, the man who was wrongfully deported to El Salvador. They also see cause for alarm after the government retaliated against their own lawyer in this case. Andrew and Mary then take a beat to spotlight the DC circuit upholding a judge's decision related to scope of Trump's J6 pardons. And before closing out this week's episode, they detail the lawsuit brought by the conservative leaning NCLA over the constitutionality of the sweeping tariffs the president has announced.Further reading: This is Mary's recent op Ed in the Washington Post: The White House war on Big Law hits some speed bumpsAnd please vote for your favorite MSNBC podcasts in this year's Webby Awards:Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HEREWhy Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HEREInto America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HEREVoting closes April 17th.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

In June 2021, the Superior Court of Connecticut approved amendments to Connecticut Rule of Professional Conduct 8.4, which defines professional misconduct. The amendments expanded the definition of misconduct in subsection (7) to include engaging in "conduct that the lawyer knows or reasonably should know is harassment or discrimination...in conduct related to the practice of law" based on a long list of protected characteristics including "race, color, ancestry, sex, pregnancy, religion, national origin, ethnicity, disability, status as a veteran, age, sexual orientation, gender identity, gender expression or marital status".In November 2021, Mario Cerame and Timothy C. Moynahan, two Connecticut lawyers who regularly presented on issues potentially implicated by the new rule, brought suit, alleging the rule as amended violated their First and Fourteenth Amendments. They argued the rule was impermissibly overbroad and chilled lawful speech in so far as it was unclear what speech may be interpreted to be violative of the rule. The district court dismissed the suit for lack of standing. Cerame and Moynahan appealed to the Second Circuit, which, in December 2024 vacated the district court's decision, ruling they did have standing and remanding for further proceedings.Join us for a litigation update for this interesting case implicating professional responsibility, ABA model rules, and free speech with Margaret Little of NCLA, which represents Cerame and Moynahan.Featuring:Margaret A. Little, Senior Litigation Counsel, New Civil Liberties Alliance(Moderator) Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston

Mark Chenoweth, New Civil Liberties Alliance President. NCLA's recent advocacy for President Trump's absolute constitutional right to fire his Executive Branch subordinates (Bessent v  Dellinger), or other battles we're fighting against government attacks on civil liberties.

In today's episode, we explore how to confidently seek permission during coaching sessions, an essential skill for building trust and empowering clients. Learn how to frame permission as a collaborative tool, use open-ended language to invite deeper exploration, and how to ensure your client feels fully in control of their experience. Whether you're a new or seasoned coach, we'll provide practical techniques to help you establish stronger client relationships while maintaining a safe and productive coaching environment.Key Takeaways:Empowering Clients: Permission-seeking isn't about asking for approval—it's about giving the client ownership of their journey.Open-Ended Language: Tips on how to use phrases like, "How do you feel about exploring this?" to keep the conversation flowing without pressuring the client.Balancing Confidence & Respect: How to be both direct and gentle, creating a safe space for the client while also pushing for progress.Handling Hesitation: Strategies for managing client hesitation without overstepping boundaries, ensuring they feel heard and respected.Youtube link:https://youtu.be/gL-qge0y1aE Mentioned in this episode:https://www.nurselifecoachacademy.com/certification

The U.S. Court of Appeals for the Federal Circuit has reversed a decision by the U.S. Court of Federal Claims, bringing new momentum to the Darby Development Company v. U.S. case. This pivotal ruling challenges the CDC's nationwide eviction moratorium as a potential violation of the Fifth Amendment's Taking Clause, demanding just compensation for property owners. Join Mark and Vec as they discuss this landmark decision with NCLA Senior Litigation Counsel Greg Dolin. Tune in to explore the implications of this ruling and what lies ahead for the case.See omnystudio.com/listener for privacy information.

NCLA, with its founder Professor Philip Hamburger, has filed a crucial amicus curiae brief in the case of New York v. Donald Trump. They are challenging a New York law used by Attorney General Letitia James to prosecute Trump for alleged fraud. Unlike typical fraud cases, New York Executive Law § 63.12 allows for penalties simply for making incorrect business statements, without needing to prove intent or harm. NCLA argues that this law infringes on First Amendment rights and is urging the court to overturn it to safeguard free speech for everyone. In this episode, Mark, Vec, and Senior Litigation Counsel Greg Dolin discuss the case and its broader implications.See omnystudio.com/listener for privacy information.

Join Mark and Vec as they explore NCLA's latest legal challenge in Colt & Joe Trucking v. U.S. Department of Labor. NCLA is fighting to overturn DOL's new rule, which makes it harder for businesses to classify workers as independent contractors, potentially leading to increased FLSA liabilities for small businesses. This episode dives into issues with the rule, including its vague standards and the controversy surrounding Acting Labor Secretary Julie Su's authority to enforce it. Tune in to learn more about this crucial case.See omnystudio.com/listener for privacy information.

NCLA has filed for summary judgment in Flint Avenue v. Department of Labor, urging the Northern District of Texas to strike down a new DOL rule that exceeds its authority. The rule sets a $58,656 minimum salary for exempting “white collar” employees from FLSA's wage and overtime requirements, impacting millions of workers nationwide. The rule would force employers to raise salaries or reclassify employees as hourly, limiting flexible work options. Flint Avenue, LLC, a small software company, faces losing its ability to offer perks like unlimited vacation. Tune in to hear Mark and Vec dive into this critical case.See omnystudio.com/listener for privacy information.

Join Jenin and Vec, along with NCLA's Casey Norman, as they unpack the explosive case of Nephtalí De León, a celebrated Chicano writer and activist wrongfully terminated from his position as San Antonio's poet laureate. NCLA has filed a Complaint against the City of San Antonio and city employee Krystal Jones, alleging De León's firing violated his First Amendment rights after he was defamed for a supposed "racial slur" in an elegy honoring a Chicano writer-activist. Discover how the City's actions not only tarnished De León's reputation but also undermined his lifelong fight against racial injustice. Tune in to explore the legal battle to restore his good name and what this case means for free speech in America.See omnystudio.com/listener for privacy information.

In a significant victory for constitutional order, the en banc U.S. Court of Appeals for the Fifth Circuit has ruled in Consumers' Research v. Federal Communications Commission that Congress unlawfully delegated legislative power to the FCC, allowing it to control the Universal Service Fund (USF). NCLA played a pivotal role in this outcome, filing an amicus curiae brief that highlighted the legal flaws in the FCC's authority. Join Vec and NCLA General Counsel and Senior Litigation Counsel Zhonette Brown as they delve into this decision, its implications for the FCC, and what it means for American taxpayers.See omnystudio.com/listener for privacy information.

In its latest student loan legal challenge, NCLA has filed an amicus curiae brief in the case of Alaska, South Carolina, and Texas v. Department of Education before the U.S. Court of Appeals for the Tenth Circuit. NCLA is pushing for the Court to uphold and expand a preliminary injunction against the Department's "SAVE" plan, which unlawfully alters the 1993 Higher Education Act amendments to transform authorized student-loan-repayment plans into unauthorized loan-cancellation schemes—costing taxpayers $475 billion. With support from the Cato Institute and the Mackinac Center for Public Policy, NCLA argues for halting this overreach of Executive Branch power.Vec and Jenin discuss the case in this episode.See omnystudio.com/listener for privacy information.

NCLA is challenging the U.S. Consumer Product Safety Commission for its misleading and harmful claims about Dreamland Baby Co.'s weighted sleep products. Our formal demand for a retraction addresses Commissioner Richard Trumka's unfounded warnings and the CPSC's failure to follow proper procedures before making safety claims. Discover how we're pushing back against these unjust actions and ensuring that government agencies adhere to the law. Join Litigation Counsel Kara Rollins, Vec, and Mark as they explore this pivotal battle for legal integrity and consumer rights.See omnystudio.com/listener for privacy information.

In a recent ruling, a Delaware judge dismissed Nina Jankowicz's lawsuit against Fox News. The judge found that the alleged defamatory statements about Jankowicz—former head of the DHS disinformation board—were either focused on the board itself or were materially true. Jankowicz had claimed Fox falsely accused her of wanting to censor speech and edit tweets. This case has important implications for discussions on disinformation and social media censorship, touching on themes similar to the NCLA's Murthy v. Missouri case. Tune in as Mark and Vec break down the details and impact of this significant legal development.See omnystudio.com/listener for privacy information.

NCLA has filed an amicus curiae brief urging the Supreme Court to hear Consumers' Research v. Consumer Product Safety Commission. This case presents a golden opportunity to overturn the 1935 Humphrey's Executor v. Federal Trade Commission decision and address the unconstitutional structure of the CPSC. Under current law, the President can only fire CPSC commissioners “for neglect of duty or malfeasance in office,” insulating them from removal and violating the “Take Care” clause of Article II of the Constitution. The Fifth Circuit upheld this structure by invoking Humphrey's Executor, which wrongly supported FTC Commissioners' similar protections. In this episode, Senior Litigation Counsel Greg Dolin joins Mark and Vec to dive into the details and implications of this case.See omnystudio.com/listener for privacy information.

NCLA is taking a stand in Bristol Myers Squibb Company v. Becerra! We've filed an amicus curiae brief with the U.S. Court of Appeals for the Third Circuit, challenging the Department of Health and Human Services' (HHS) attempt to hold a company's business hostage to force it to give up its constitutional property rights. Our brief argues that this violates the “unconstitutional conditions” doctrine, which protects against indirect violations of constitutional rights. Tune in as NCLA Senior Litigation Counsel joins Mark and Vec to break down this critical legal battle and its broader implications.See omnystudio.com/listener for privacy information.

The U.S. Court of Appeals for the Tenth Circuit has overturned David Lesh's criminal conviction, declaring that the USFS regulation banning “work activity” on their lands was too vague. Lesh's crime? Posting photos on Instagram! In this episode, Jenin, Mark, and Vec delve into the case with NCLA's Kara Rollins, exploring the ruling's implications and debating whether the petty offense exception needs a constitutional overhaul. See omnystudio.com/listener for privacy information.

NCLA's amicus brief in Mohamud v. Weyker takes on a dangerous trend of courts shielding cross-deputized officers from accountability. This critical case argues that Americans should still have the right to pursue damages for constitutional violations, even when officers are operating under both state and federal authority. In this episode, Mark, Vec, and Jenin are joined by NCLA's Casey Norman to unpack the implications of this high-stakes legal battle and how this case is pivotal for holding law enforcement accountable.See omnystudio.com/listener for privacy information.

NCLA is taking on government censorship once more! In Dressen v. Flaherty, we're challenging the federal government's collusion with social media giants and the Stanford Internet Observatory's Virality Project to censor online support groups for COVID-19 vaccine injuries, echoing our fight in Murthy v. Missouri. Join NCLA's Casey Norman with Mark, Jenin, and Vec as they explore this critical case and the fight to restore the plaintiffs' civil liberties.See omnystudio.com/listener for privacy information.

NCLA is fighting back against the Department of Education's $475 billion “SAVE” plan, which illegally shifts student loan debt to taxpayers! The plan rewrites the Higher Education Act in ways Congress never approved. After a divided Tenth Circuit panel lifted a crucial injunction against this scheme, NCLA has teamed up with the Cato Institute, Mackinac Center, and Defense of Freedom Institute to challenge this unconstitutional overreach. Join Mark, Vec, and Jenin as they dive into this explosive case and the battle to stop executive overreach!See omnystudio.com/listener for privacy information.

The U.S. Supreme Court has restored the right to a jury trial for Americans facing the Administrative State by affirming the Fifth Circuit's decision in SEC v. Jarkesy. This overturned the SEC's unconstitutional administrative prosecution regime, which targeted George R. Jarkesy, Jr. in a lengthy administrative proceeding without a jury. The Court, agreeing with NCLA's brief, ruled 6-3 that the SEC violated Jarkesy's Seventh Amendment rights. In this episode, Mark, Vec, and Jenin are joined by Senior Litigation Counsel Peggy Little to discuss and celebrate this historic victory vindicating Americans' civil liberties.See omnystudio.com/listener for privacy information.

The U.S. Supreme Court revived Corner Post's lawsuit challenging a Federal Reserve regulation, ruling 6-3 that the six-year limit for challenging the rule had not expired when the North Dakota convenience store filed suit in 2021. Agreeing with NCLA's amicus brief, the Court determined the statute of limitations should start when Corner Post began operating in 2018, despite the rule being issued in 2011. This decision allows for meaningful judicial review of regulations, even for new businesses. In this episode, Mark, Vec, and Jenin discuss the case and the win. See omnystudio.com/listener for privacy information.

The U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. NRDC case, ending the unconstitutional Chevron doctrine. This landmark ruling came in NCLA's case, Relentless Inc. v. Dept. of Commerce, argued alongside Loper Bright Enterprises v. Raimondo. The Court vacated the First Circuit's decision upholding NOAA's rule requiring fishing companies to pay for at-sea government monitors. In this episode, Mark, Vec, and Jenin celebrate this monumental victory, which will curtail administrative power abuses for years to come!See omnystudio.com/listener for privacy information.

The U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. NRDC case, ending the unconstitutional Chevron doctrine. This landmark ruling came in NCLA's case, Relentless Inc. v. Dept. of Commerce, argued alongside Loper Bright Enterprises v. Raimondo. The Court vacated the First Circuit's decision upholding NOAA's rule requiring fishing companies to pay for at-sea government monitors. In this episode, Mark, Vec, and Jenin continue to discuss this case and celebrate this monumental victory that NCLA has been fighting since the beginning!See omnystudio.com/listener for privacy information.

The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC's administrative prosecution regime. The Court affirmed the Fifth Circuit's decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.'s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance's amicus brief, marks a significant victory for civil liberties and limits the SEC's abuse of power.Mark, Vec, and Jenin celebrate the victory in this latest episode. See omnystudio.com/listener for privacy information.

The U.S. Supreme Court upheld the right to a jury trial for Americans facing administrative proceedings, striking down the SEC's administrative prosecution regime. The Court affirmed the Fifth Circuit's decision in SEC v. Jarkesy, ruling 6-3 that the SEC violated George R. Jarkesy Jr.'s Seventh Amendment rights by using an Administrative Law Judge without a jury. This decision, aligning with the New Civil Liberties Alliance's amicus brief, marks a significant victory for civil liberties and limits the SEC's abuse of power.Mark, Vec, and Jenin continue to discuss the win in this episode and dig into an interesting footnote. See omnystudio.com/listener for privacy information.

The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General's office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, expresses disappointment over the Court's decision, which narrows Americans' First Amendment rights.Vec and Jenin discuss the ruling in this latest episode. See omnystudio.com/listener for privacy information.

The U.S. Supreme Court, in a 6-3 decision, overturned a significant preliminary injunction granted by the Fifth Circuit in Murthy v. Missouri, ruling that the parties protected by the injunction lacked standing for future relief. The injunction had prevented officials from the White House, CDC, FBI, CISA, and the Surgeon General's office from urging social media platforms to censor constitutionally protected speech. The New Civil Liberties Alliance, representing Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, expresses disappointment over the Court's decision, which narrows Americans' First Amendment rights.Mark, Vec, and Jenin discuss where the Justices stood on this ruling in this latest episode. See omnystudio.com/listener for privacy information.

NCLA has submitted an opening brief in Powell v. SEC, urging the U.S. Court of Appeals for the Ninth Circuit to overturn the SEC's refusal to amend its long-standing "Gag Rule." The rule, in place for over five decades, prohibits individuals who settle regulatory enforcement cases with the SEC from publicly criticizing their cases, even truthfully, for life. NCLA represents SEC enforcement targets affected by this rule and media organizations seeking to report on their experiences. After NCLA's initial petition challenging the Gag Rule was ignored for more than five years, the SEC only responded with a denial after NCLA filed a renewed petition in December. NCLA is now challenging this denial to stop the SEC from infringing on First Amendment rights. Mark, Jenin, and Senior Litigation Counsel Peggy Little discuss the case and the detrimental impact of the SEC's Gag Rule.See omnystudio.com/listener for privacy information.

NCLA has filed an amicus curiae brief urging the Supreme Court to consider Chestek PLLC v. Vidal and prevent the U.S. Patent and Trademark Office from bypassing notice-and-comment rulemaking. It is crucial that rules with significant economic impact are not issued without public input or consideration of all relevant information. The U.S. Court of Appeals for the Federal Circuit's decision below was erroneous as it effectively nullified a statute requiring the PTO to undergo notice-and-comment procedures before establishing rules. NCLA seeks Supreme Court intervention to correct this and reinstate the PTO's mandated accountability to the public. In their latest episode, Mark, Jenin, and Senior Litigation Counsel Greg Dolin discuss the details of the amicus brief.See omnystudio.com/listener for privacy information.

NCLA has filed a joint opening brief in National Center for Public Policy Research v. SEC, urging the U.S. Eighth Circuit Court of Appeals to strike down new SEC rules requiring extensive climate-related disclosures by public companies. This challenge is combined with U.S. Chamber of Commerce v. SEC, where Gibson Dunn & Crutcher LLP represents the petitioners. NCLA represents the National Center for Public Policy Research alongside the U.S. Chamber of Commerce, Texas Association of Business, and Longview Chamber of Commerce, arguing against the SEC's unconstitutional push for climate activism at the expense of civil liberties. Mark, Jenin, and Senior Litigation Counsel Andrew Morris discuss the case in their latest episode.See omnystudio.com/listener for privacy information.

As we anticipate the Supreme Court's decision in Murthy v. Missouri, NCLA's Jenin Younes has filed a motion in district court citing Congressional testimony revealing that Senior Advisor Dr. David Morens and Dr. Anthony Fauci used personal email accounts to evade Freedom of Information Act (FOIA) requests during the pandemic. Mark and Jenin delve into the details of this motion in their latest episode.See omnystudio.com/listener for privacy information.

WMAL GUEST: 7:35 AM - INTERVIEW - MARK CHENOWETH - president of the New Civil Liberties Alliance, the group that represented Cargill The bump stock ban was challenged by a Texas gun store owner, Michael Cargill, who purchased two of the devices in 2018, turned them over to the government after the prohibition was implemented and then promptly sued to get them back. The federal rule made possession of a bump stock a crime punishable by up to 10 years in prison. In NCLA's Bump-Stock Ban Case, U.S. Supreme Court Rules ATF Cannot Alter a Statute's Meaning Supreme Court strikes down Trump-era ban on bump stocks on guns Where to find more about WMAL's morning show:  Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor,  @Jgunlock,  @patricepinkfile and @heatherhunterdc.  Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Monday, June 17, 2024 / 7 AM Hour  O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.

The U.S. Court of Appeals for the Tenth Circuit has reversed a district court decision in Johnson v. Smith that upheld a Kansas state law authorizing intrusive warrantless searches for dog training and handling businesses. NCLA filed an amicus curiae brief explaining that the warrantless-search law infringes the Appellants' Fourth Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While the Tenth Circuit affirmed the district court's dismissal of the Appellants' claim that the state law violates their right to travel, it remanded the case to the lower court to determine whether the Fourth Amendment authorizes warrantless searches of dog training and handling businesses—the issue we briefed. In this episode, Mark and John celebrate the win and discuss the caseSee omnystudio.com/listener for privacy information.

The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives' unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF's regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency's own long-standing recognition that bump-stock-equipped firearms are not machine guns. NCLA commends the high court for permanently setting ATF's ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress. Mark and John celebrate this historic victory in this latest episode.See omnystudio.com/listener for privacy information.

The U.S. Supreme Court has ruled 6-3 in the NCLA case of Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives' unilateral bump-stock ban conflicts with the federal statute defining “machineguns.” ATF's regulatory ban, which the U.S. Court of Appeals for the Fifth Circuit shot down early last year, reversed the agency's own long-standing recognition that bump-stock-equipped firearms are not machine guns. NCLA commends the high court for permanently setting ATF's ban aside, safeguarding the rights of our client Michael Cargill and hundreds of thousands of other Americans to be free from laws written by executive branch bureaucrats instead of elected members of Congress. Mark, John, and Jenin celebrate this victory and dive into the case and the meaning of "machineguns" in this latest episode.See omnystudio.com/listener for privacy information.

We awarded Drs. Azadeh Khatibi, Tracy Høeg, Ram Duriseti, Aaron Kheriaty, and Pete Mazolewski NCLA's Award for Client Bravery. NCLA represented these courageous doctors in the successful Høeg v. Newsom suit challenging a California state law that would have subjected them to discipline for sharing information with patients that departed from the “contemporary scientific consensus” on Covid-19. Gov. Newsom signed a bill to repeal the law, marking a major victory for our clients, free speech, and medical liberty. NCLA also presented a “Georgie” award (a bust of George Washington) to Latham & Watkins partner Roman Martinez for outstanding service to NCLA and our clients. He delivered oral argument to the Supreme Court in January in our Relentless Inc. v. Dept. of Commerce case against the unconstitutional Chevron doctrine. The Buckeye Institute Director of Litigation David Tryon and Legal Fellow Alex Certo took home the Georgie for Best Amicus Brief, while A. Gregory Grimsal received the Best Local Counsel Award. NCLA recognized the winner of its Student Note Competition, Matthew Lambertson of the University of Florida's Levin Law School, who earned a $10,000 prize to be split with the Florida Law Review for his illuminating publication entitled: “The Common Law and SEC Rule 10b-5(b): Narrowing the Securities ‘Fraud' Exception to the First Amendment.” Finally, NCLA honored newly retired former Senior Litigation Counsel Richard Samp with the Cincinnatus Award, celebrating his illustrious 30-plus-year career defending justice in our Republic.See omnystudio.com/listener for privacy information.

The New Civil Liberties Alliance sent a letter informing Dr. Anthony Fauci, his Senior Advisor Dr. David Morens, Dr. Peter Daszak, Dr. Gerald Keusch, Dr. Richard Roberts, Dr. Francis Collins, and Google that they are legally obligated to preserve all documents, communications, and electronically stored information related to their official government business. NCLA represents 4 of the 5 individual plaintiffs in the Murthy v. Missouri case with an appeal from the grant of a preliminary injunction now pending before the U.S. Supreme Court. Dr. Fauci and other government defendants violated our clients' First Amendment rights through involvement in censoring their speech on social media that was not in line with the government's position of Covid-19 and related issues.See omnystudio.com/listener for privacy information.

The U.S. Court of Appeals for the Fifth Circuit issued a decision in National Association of Private Fund Managers v. Securities and Exchange Commission vacating SEC's recent final rule restricting—and in some cases prohibiting—certain common contractual agreements between private investment funds and investment advisers. Following the New Civil Liberties Alliance amicus curiae brief's advice, the Court declared that SEC exceeded its statutory authority in promulgating the unlawful rule because Congress never gave SEC oversight of this aspect of private funds. NCLA thanks securities law scholars Paul Mahoney, Adam Pritchard, and J.W. Verret for joining in NCLA's brief as amicus partners.See omnystudio.com/listener for privacy information.

The U.S. Supreme Court unanimously ruled in NRA v. Vullo that the National Rifle Association plausibly accused New York Department of Financial Services Superintendent Maria Vullo of violating its rights to free speech and association. In so doing, it reversed a panel of the U.S. Court of Appeals for the Second Circuit, which had held Vullo's alleged actions amounted to permissible government speech and enforcement of state law.  NCLA filed an amicus brief, urging the Justices to decide NRA's complaint stated a claim upon which relief against Vullo's unconstitutional conduct, if proven, could be granted.  In this episode, Mark, Vec, and Jenin discuss the victory. See omnystudio.com/listener for privacy information.

NCLA submitted comments urging the U.S. Department of Education to abandon its latest proposed rule that would unconstitutionally cancel $147 billion of federal student loan debt owed to the Treasury by an estimated 27.6 million borrowers. The plan even proposes to bestow about $19 billion of that on about 750,000 student loan debtors whose average annual household income exceeds $300,000! Outrageously, that sum means American taxpayers would give more than $25,000 apiece to debtor households making over $300,000 per year. Congress has repeatedly declined to erase such debt, and the Department of Education lacks legal authority to do so unilaterally. NCLA calls for an end to this latest Biden Administration attempt at subverting the rule of law to erase student loan debt.NCLA's Sheng Li joins Mark, Vec and Jenin to discuss the comments.See omnystudio.com/listener for privacy information.

The Fulbright-Hays Fellowship supports U.S. students conducting foreign language research abroad. However, since 1998, the Department of Education has unfairly penalized "non-native-born" students who learned the language through heritage, denying them 15 points out of 105 for language proficiency. Samar Ahmad and Edgar Ulloa Lujan, fluent in Arabic and Spanish respectively, faced penalties despite their proficiency. This discrimination contradicts the fellowship's purpose and violates students' due process rights. NCLA filed Edgar Ulloa Lujan, Samar Ahmad, and Veronica Gonzalez v. U.S. Department of Education, et al. challenging the "native language penalty." This rule unfairly discriminates against American citizens from non-English-speaking countries and their children, barring them from the Fulbright-Hays Fellowship based on their national heritage language. In this episode, NCLA's Sheng Li joins Mark and Vec to discuss this case. See omnystudio.com/listener for privacy information.

WMAL GUEST: 7:35 AM - INTERVIEW - ANDREW MORRIS - Senior Litigation Counsel, New Civil Liberties Alliance (NCLA) - discussed the unconstitutional Securities and Exchange Commission's “Consolidated Audit Trail” (CAT) – which is the largest government-mandated mass collection of personal financial data in American history. The Securities and Exchange Commission (SEC) is illegally collecting data of every citizen who invests in the stock market, according to a new lawsuit. The New Civil Liberties Alliance (NCLA) filed a lawsuit against the SEC claiming that the agency, through its "Consolidated Audit Trail," or "CAT," program, is collecting mass amounts of personally identifiable data by forcing brokers, exchanges, clearing agencies and alternative trading systems to capture and send detailed information on every investor's trades in U.S. markets to a centralized database. The agency is doing so, NCLA says, without authorization from Congress and in violation of the Fourth Amendment, which prohibits unreasonable government search and seizure of private information. NCLA Asks Court to Halt SEC's Unauthorized and Unlawful Mass Data Collection Regime Where to find more about WMAL's morning show:  Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor,  @Jgunlock,  @patricepinkfile and @heatherhunterdc.  Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Wednesday, May 29, 2024 / 7 AM Hour  O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.

In the 7 AM Hour: Larry O'Connor and Patrice Onwuka discussed: WMAL GUEST: 7:05 AM - INTERVIEW - SHAWN CARNEY - CEO and President of 40 Days for Life – discussed the latest developments in Mark Houck's case against the DOJ.  The lawsuit, backed by 40 Days for Life's newly launched Institute of Law & Justice (ILJ), aims to challenge the unjust treatment of pro-life advocates and ensure their right to peacefully protest and advocate for the unborn. Washington Examiner: Anti-abortion activist Mark Houck sues DOJ over ‘retaliatory' arrest  TRUMP TRIAL CONTINUES TODAY: Trump trial live updates: Marathon closing arguments come to an end; jury to receive instructions at 10 a.m. ‘F*ck You!': Trump Supporters, Robert De Niro Get Into Shouting Match Outside Courthouse WMAL GUEST: 7:35 AM - INTERVIEW - ANDREW MORRIS - Senior Litigation Counsel, New Civil Liberties Alliance (NCLA) - discussed the unconstitutional Securities and Exchange Commission's “Consolidated Audit Trail” (CAT) – which is the largest government-mandated mass collection of personal financial data in American history. The Securities and Exchange Commission (SEC) is illegally collecting data of every citizen who invests in the stock market, according to a new lawsuit. The New Civil Liberties Alliance (NCLA) filed a lawsuit against the SEC claiming that the agency, through its "Consolidated Audit Trail," or "CAT," program, is collecting mass amounts of personally identifiable data by forcing brokers, exchanges, clearing agencies and alternative trading systems to capture and send detailed information on every investor's trades in U.S. markets to a centralized database. The agency is doing so, NCLA says, without authorization from Congress and in violation of the Fourth Amendment, which prohibits unreasonable government search and seizure of private information. NCLA Asks Court to Halt SEC's Unauthorized and Unlawful Mass Data Collection Regime A parent sent us a picture of the high school yearbook for Gainesville High School in Gainesville, Virginia (in Prince William County) and …oh look, this year's yearbook celebrates student activism with photos of students holding anti-Israel protests. Where to find more about WMAL's morning show:  Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor,  @Jgunlock,  @patricepinkfile and @heatherhunterdc.  Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Wednesday, May 29, 2024 / 7 AM Hour  O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.

NCLA President Mark Chenoweth recently attended the Fifth Circuit Judicial Conference in Austin, TX, where he served as a panelist in a discussion on constitutional challenges to the administrative state and upcoming developments in this area. The panel was so widely attended that the conference scheduled it twice! In this episode, Mark discusses the conference and its highlights with Jenin.See omnystudio.com/listener for privacy information.

In the 6 AM Hour: Larry O'Connor and Julie Gunlock discussed: The Supreme Court heard oral arguments on Monday in New Civil Liberties Alliance's Murthy v. Missouri (Missouri v. Biden) case against government-directed censorship. Clients Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines, NCLA is asking the Justices to uphold a preliminary injunction granted by the Fifth Circuit that bars the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency, and Surgeon General's office officials from encouraging social media platforms to censor lawful speech. NCLA's clients, who have been blacklisted, shadow-banned, de-boosted, throttled, and suspended on social media as part of a years-long censorship campaign orchestrated by the White House, CDC, FBI, CISA, and Surgeon General in a “whole of government” effort. Supreme Court again blocks Texas law allowing police to arrest migrants Illegal migrant from Lebanon caught at border admitted he's a Hezbollah terrorist hoping ‘to make a bomb' — and was headed for NY CRITTER NEWS: Penguin counters wanted at remote post in Antarctica: ‘Training will be provided' for ‘varied tasks' Where to find more about WMAL's morning show:  Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor,  @Jgunlock,  @patricepinkfile and @heatherhunterdc.  Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Tuesday, March 19, 2024 / 6 AM Hour  O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.

WMAL GUEST: 7:35 AM - INTERVIEW - - JENIN YOUNES - (Jen-een Eunice)  - Litigation Counsel, New Civil Liberties Alliance SCOTUS Oral Argument in NCLA's Murthy v. Missouri Case Against Govt. Social Media Censorship https://nclalegal.org/ Where to find more about WMAL's morning show:  Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor,  @Jgunlock,  @patricepinkfile and @heatherhunterdc.  Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Monday, March 18, 2024 / 7 AM Hour  O'Connor and Company is proudly presented by Veritas Academy  See omnystudio.com/listener for privacy information.

In the 7 AM Hour: Larry O'Connor and Julie Gunlock discussed: WMAL GUEST: 7:05 AM - INTERVIEW - JOE DIGENOVA - legal analyst  Judge rules Fani Willis can stay on Trump's Georgia election case NBC NEWS: Trump says there will be a ‘bloodbath' if he loses the election Video: ABC NEWS hysterical report about Trump's bloodbath comments Video: What Trump actually said WMAL GUEST: 7:35 AM - INTERVIEW - - JENIN YOUNES - (Jen-een Eunice)  - Litigation Counsel, New Civil Liberties Alliance SCOTUS Oral Argument in NCLA's Murthy v. Missouri Case Against Govt. Social Media Censorship Lara Trump announces RNC will hire Scott Presler to lead its legal ballot harvesting Where to find more about WMAL's morning show:  Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor,  @Jgunlock,  @patricepinkfile and @heatherhunterdc.  Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Monday, March 18, 2024 / 7 AM Hour  O'Connor and Company is proudly presented by Veritas Academy  See omnystudio.com/listener for privacy information.

“It's not the government's job to police the line between true speech and false speech. The Constitution doesn't give our government that power. The government has the power to police the line between lawful speech and unlawful speech.”Mark Chenoweth is the president and chief legal officer of the New Civil Liberties Alliance (NCLA), a nonpartisan civil rights group dedicated to protecting constitutional freedoms from government violations.“Most people aren't going to know why their speech was taken down off of the platform. They might assume that it was the private decision of Facebook, or X, or LinkedIn ... and it's difficult to discover that it was actually the result of a government order,” says Mr. Chenoweth.In this episode, we dive into the NCLA's three lawsuits that have made their way up to the Supreme Court: Murthy v. Missouri (formerly known as Missouri v. Biden), Garland v. Cargill, and Relentless v. Dept. of Commerce.“Agencies no longer look at the statute and say, ‘How do we best interpret this statute and apply it?' Instead, they say, ‘How far can we push this and still get federal judges to go along with our ‘reasonable interpretation of the statute'?' Well, that's not a good dynamic to have in place. We need to get back to a world in which the agencies expect the judges to enforce the law as Congress wrote it,” says Mr. Chenoweth.Views expressed in this video are opinions of the host and the guest, and do not necessarily reflect the views of The Epoch Times.

Jeff Sikkenga discusses the “Chevron Doctrine” with Mark Chenoweth, Director of the New Civil Liberties Alliance, and how this 1984 Supreme Court decision has led to a runaway federal regulatory regime. They discuss the history of the decision and current challenges to it – including NCLA's appearance before the Supreme Court to challenge Chevron in January […]