United States Court of Appeals for the District of Columbia Circuit

U.S. Supreme Court Agrees to Hear NCLA Case Against ATF’s Unilateral Bump-Stock Ban

Retrieved on: 
Friday, November 3, 2023
Sokolow et al v. Palestine Liberation Organization et al, Supreme court, ATF, United States Department of Commerce, Judge, Texas Court of Criminal Appeals, Social media, United States Court of Appeals for the Tenth Circuit, Bump stock, Department of Treasury, Bureau of Alcohol, Tobacco & Firearms v. Galioto, Solicitor, NCLA, Garland v. Gonzalez, Congress, Navy-Marine Corps Court of Criminal Appeals, Tobacco, Commerce, Court, Federation, Firearm, United States Court of Appeals for the District of Columbia Circuit, Bureau, Law of the United Kingdom, The Administrative State, Speech, United States Court of Appeals for the Sixth Circuit, The Final Rule, United States courts of appeals, Trump, United States Court of Appeals for the Fifth Circuit, Fifth, Army, Administration, En banc, Constitution, Same-sex marriage in the Sixth Circuit, Supreme, Cargill

Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.

Key Points: 
  • Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.
  • Garland v. Cargill will be NCLA’s fourth case argued before the U.S. Supreme Court in under 2 years.
  • As these cases show, we will fight all the way to the Supreme Court to protect civil liberties from federal agencies’ attacks.
  • We are confident the U.S. Supreme Court will right this wrong for Michael Cargill and all Americans.”

NCLA Appeals EPA’s Lawless Stranglehold on Refrigeration Companies Amid Dangerous Heat Wave

Retrieved on: 
Friday, August 4, 2023
AIM, Hydrofluorocarbon, The Administrative State, United States Court of Appeals for the District of Columbia Circuit, Government, Congress, EPA, American Innovation and Choice Online Act, RMS, HFC, United States Environmental Protection Agency, NCLA, Court, United, Constitution, Dietary supplement, Choice

The New Civil Liberties Alliance has petitioned the U.S. Court of Appeals for the D.C.

Key Points: 
  • The New Civil Liberties Alliance has petitioned the U.S. Court of Appeals for the D.C.
  • Circuit for an en banc hearing in RMS of Georgia d/b/a Choice Refrigerants v. EPA.
  • The timing of this petition is particularly appropriate, as dangerous levels of heat are prevailing in parts of the country.
  • NCLA is stepping in to protect small businesses like Choice Refrigerants from being run over by senseless, unconstitutional agency action.”

NCLA Endorses Request for U.S. Supreme Court to Rule on ATF’s Unilateral Bump Stock Ban

Retrieved on: 
Thursday, June 8, 2023
Supreme, Army, Bump stock, Department of Treasury, Bureau of Alcohol, Tobacco & Firearms v. Galioto, Court of cassation, United States courts of appeals, Bureau, Tobacco, United States Court of Appeals for the District of Columbia Circuit, En banc, The Final Rule, High court, United States Court of Appeals for the Sixth Circuit, United States Court of Appeals for the Tenth Circuit, Government, Fifth, Navy-Marine Corps Court of Criminal Appeals, Congress, Solicitor General of Texas, Air Force Court of Criminal Appeals, ATF, United States Court of Appeals for the Fifth Circuit, Supreme court, Law of the United Kingdom, NCLA, Court, Same-sex marriage in the Sixth Circuit, Constitution, Firearm

That petition asks the Court to hear NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump stock ban.

Key Points: 
  • That petition asks the Court to hear NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump stock ban.
  • That rule reversed ATF’s long-standing recognition that bump stock-equipped firearms are not illegal machineguns.
  • NCLA urges the Supreme Court to resolve this issue and safeguard Americans’ rights against administrative agency power grabs.
  • We agree it is high time for the High Court to weigh in on the lawfulness of ATF’s bump stock ban and reassert Congress’s primacy.”

THE NATIONAL COUNCIL FOR INCARCERATED AND FORMERLY INCARCERATED WOMEN AND GIRLS SUPPORTS SEX WORKERS IN THEIR FIGHT TO RESTORE THEIR FIRST AMENDMENT RIGHTS

Retrieved on: 
Thursday, September 15, 2022
Online, People, United States Court of Appeals for the District of Columbia Circuit, Sex, Women's National Council, FOSTA, National Council, Organization, First Amendment to the United States Constitution, Internet service provider, Woodhull Sexual Freedom Alliance, Communication, First, Sex industry

FOSTA creates civil and criminal liability for internet service providers who allow content that "promotes or facilitates" sex trafficking.

Key Points: 
  • FOSTA creates civil and criminal liability for internet service providers who allow content that "promotes or facilitates" sex trafficking.
  • This broad and vague language has led ISPs to ban all content that could conceivably be connected to sex work, shutting down blacklist databases and making difficult for sex workers to screen clients.
  • Far from stopping sex trafficking, FOSTA has made it worse by censoring communication between sex workers that kept them safe and enabled law enforcement to target predators.
  • Andrea James, The National Council
    The National Council represented COYOTE-RI, a sex worker advocacy organization, which conducted a survey of 260 sex workers from July to August 2022 to document the harm that FOSTA has caused.

FLYERS RIGHTS ARGUES MINIMUM SEAT SIZE STANDARDS CASE IN FEDERAL APPEALS COURT, ASSERTING THAT THE FAA MUST FOLLOW THE LAW

Retrieved on: 
Tuesday, September 13, 2022
Florida State Road 758, Safety, D.C, Public Citizen, DOT, FAA, FAA Reauthorization Act of 2018, Aviation, Fortnight, Deep vein thrombosis, Comment, Congress, United States Court of Appeals for the District of Columbia Circuit, Ridesharing company, Airline, 3D printing

WASHINGTON, Sept. 13, 2022 /PRNewswire/ -- FlyersRights.org, the largest airline passenger organization, on Monday argued its case in front of a three judge panel in the United States Court of Appeals for the D.C. Circuit. Section 577 of the 2018 FAA Reauthorization Act states that the FAA "shall issue regulations that establish minimum dimensions for passenger seats…including minimums for seat pitch, width, and length, and that are necessary for the safety of passengers."

Key Points: 
  • The FAA has stated it views the statute as optional if it believes that seat standards are not necessary to ensure passenger safety.
  • Paul Hudson, President of FlyersRights.org, stated, "Congress and the public have made it clear that minimum seat standards are needed for passenger safety.
  • FlyersRights.org filed a mandamus petition in January 2022, requesting the court to set a deadline for the FAA's minimum seat size rulemaking.
  • The FAA is currently seeking comments about the effect of airline seat size on just one aspect of passenger safety: emergency evacuations.

Gun Owners of America Among Nineteen Amici Curiae Supporting Lawsuit Against Bump Stock Ban

Retrieved on: 
Monday, August 8, 2022
Movement, Sikh American Legal Defense and Education Fund, The Final Rule, Cato Institute, Tenth, GLOBE, Bureau, Face, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Court of Appeals for the District of Columbia Circuit, Virginia Citizens Defense League, Policy, ATF, Congress, LLC, Tobacco, Bump stock, Mechanics, Court, United States Court of Appeals for the Fifth Circuit, The Administrative State, Firearm, NCLA, Pacific Legal Foundation, United States courts of appeals, En banc, Gunsmith, 3D printing, Online gambling

ATF is neither engaging in simple fact finding, nor filling in the details in promulgating its Bump Stock Rule.

Key Points: 
  • ATF is neither engaging in simple fact finding, nor filling in the details in promulgating its Bump Stock Rule.
  • Thus, the Court should construe the statute narrowly to avert this nondelegation concern and hold that the statute does not authorize the Bump Stock Rule.
  • Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Inc., Heller Foundation, Tennessee Firearms Association, Virginia Citizens Defense League, Grass Roots North Carolina, Rights Watch International, Americas Future, and Conservative Legal Defense and Education Fund
    This Court should decline to follow the Tenth and D.C.
  • The manual actions of the shooter make bump-fired firearm not a machine gun, yet a firearm equipped with a bump stock, which requires the same type of manual participation of the shooter, is a machine gun.

Supreme Court Rules Against HHS’s Lowering of Reimbursements to Hospitals, in NCLA Amicus Win

Retrieved on: 
Wednesday, June 15, 2022
Court, United States Court of Appeals for the District of Columbia Circuit, Department, Law of the United Kingdom, The Administrative State, Government, United States Department of Health and Human Services, Medicare, NCLA, Hospital, American Hospital Association, Supreme court, Acquisition, District, List, HHS, Movement, Motion, Social Security Amendments of 1965, GLOBE, Supreme, Health insurance, Public relations

The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in support of petitioners in American Hospital Association v. Becerra.

Key Points: 
  • The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in support of petitioners in American Hospital Association v. Becerra.
  • The district court granted the hospitals motion for a permanent injunction against HHS, but a divided D.C.
  • Circuit panel reversed the ruling, holding that HHSs decision rests on a reasonable interpretation of the Medicare statute.
  • Disappointingly, likely because the text and structure of the statute make this a straightforward case, the Supreme Court did not address the Chevron deference concerns NCLA raised.

NCLA Asks D.C. Circ. to Rehear Rules Behind Paywalls Case on Timing of Direct Final Rule Challenges

Retrieved on: 
Tuesday, August 17, 2021
Comment, Congress, U.S. Consumer Product Safety Commission, Movement, GLOBE, Court, Processor register, Regulations.gov, The Administrative State, United States Court of Appeals for the District of Columbia Circuit, NCLA, Review, Motion, Failure, List, CPSC, Federal Register, ASTM, Parent, Online gambling, Public relations

NCLA represents Lisa Milice, a mother of two, in her challenge to CPSCs practice of keeping consumer product safety standards hidden behind a private paywall.

Key Points: 
  • NCLA represents Lisa Milice, a mother of two, in her challenge to CPSCs practice of keeping consumer product safety standards hidden behind a private paywall.
  • Circuit panel held that the rulemaking process was already final on September 20, when CPSC first published its direct final rule in the Federal Register.
  • The default rule the panel applied is one courts created to apply to rules published after notice-and-comment rulemaking.
  • But as NCLA explained to the Court, direct final rulemaking is entirely differentdirect final rules are tentative and take effect only if there are no adverse comments.