Forbes: Have Americans Forgotten Why Due Process Matters?, Mark Chenoweth

(October 16th, 2018)

“America has a due process problem.

Whether one considers the contentious recent Supreme Court confirmation hearing, Title IX proceedings on college campuses, or federal agency hearings in front of administrative law judges, this country is in danger of forgetting about the Bill of Rights and why due process matters. Rights violations are rampant in all three of these contexts, and the resulting damage to justice, fairness, and—importantly—the perception of justice and fairness is incalculable.”

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Vanderbilt Law Review-Chevron On Stilts: A Response to Jonathon Siegel

Philip Hamburger Maurice & Hilda Friedman Professor of Law, Columbia Law School

“Whither Chevron?1 For several years, some justices of the Supreme Court have been questioning Chevron deference, partly on the basis of my constitutional critique of it.2 It was inevitable that someone would stand up in defense of that doctrine, and I am glad to say that my estimable former colleague Jonathan Siegel has stepped up to the plate.3 But the defense of the indefensible is not easy.”

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Ithica Journal: Former assistant professor sues Cornell, U.S. Department of Education

(October 10, 2018)

“A former Cornell University professor who faced a sexual misconduct allegation is suing the university, the U.S. Department of Education and Secretary of Education Betsy DeVos.

In the lawsuit, Mukund Vengalatorre, a former assistant professor of physics, claims the university mishandled an investigation into the allegation as well as his tenure review process.”

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NCLA: The U.S. Ninth Circuit Court of Appeals Must Not Allow California's Attorney General to Turn Back the Clock on Civil Rights in America

Seeking Disclosure of Donors Via Administrative Fiat Tramples on People's Cherished Rights to Free Speech and Association

WASHINGTON, Oct. 5, 2018 /PRNewswire/ -- The New Civil Liberties Alliance (NCLA) today filed an amicus curiae brief asking the entire U.S. Court of Appeals for the Ninth Circuit to rehear the recent decision in Americans for Prosperity Foundation v. Becerra concerning the privacy of donors to nonprofit organizations.

Earlier this year a three-judge panel of the court unanimously reversed a 2016 district court order that had permanently enjoined the state's rules requiring charities that solicit contributions in California to file their donor lists with the state attorney general. The panel held that such disclosure is in the state's interest to "police" charitable fraud. 

NCLA believes instead that a unanimous U.S. Supreme Court got this issue right in the landmark 1958 civil rights-era case NAACP v. Alabama ex rel. Patterson.  That is the case that famously prevented the NAACP from having to turn over its membership lists to the state attorney general of Alabama.

So too, here, nonprofits that solicit in California should not have to turn over their membership or donor lists on the say-so of the state attorney-general. Such suspicionless disclosures fly in the face of the fundamental rights to associate privately, conduct lawful activities freely, and contribute to organizations anonymously under the First Amendment to the Constitution that NAACP v. Alabama recognized.

In addition to NCLA's concern about the constitutional rights at stake in this case, the organization is also troubled that the state attorney-general has invented a new, binding obligation on charities without any legislative action. The panel decision of the Ninth Circuit is a misguided assault on philanthropic freedom that could have negative widespread consequences nationwide.

NCLA Executive Director, Mark Chenoweth:

"The U.S. Supreme Court has long recognized that anonymity can be indispensable to preservation of freedom of association, particularly where a group espouses unpopular beliefs. If the Ninth Circuit lets a state attorney-general 'insist on a list' and seek disclosure of members or donors via administrative fiat, it will turn back the clock to the pre-civil rights era when dissident organizations labored at the mercy and sufferance of hostile state attorneys-general."

About New Civil Liberties Alliance
The New Civil Liberties Alliance (NCLA) is a nonprofit civil liberties organization founded by prominent legal scholar, Philip Hamburger, to protect constitutional rights against systemic threats, including attacks by state and federal administrative agencies. NCLA brings pro bono litigation and files occasional amicus briefs against administrative power, and it seeks to spur a new civil liberties movement to fight against the erosion of Americans' basic constitutional rights.

Media Contact:
Judy Pino
202-869-5218 
media@NCLA.legal

https://www.NCLAlegal.org

SOURCE New Civil Liberties Alliance

Related Links

Click here to read the full amicus brief

https://www.nclalegal.org

Liberty and Law Blog: Liberalism as Armed Doctrine: A Conversation with Philip Hamburger, Richard M. Reinsch II

(August 15th, 2018) 

"Every book that Columbia law professor Philip Hamburger writes changes discourse on a subject. The author of Separation of Church and StateLaw and Judicial Duty, and the award-winning and Supreme Court cited Is Administrative Law Unlawful? now turns his inquisitive mind to the liberal mind. He joins us to discuss his latest book Liberal Suppression."

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Guidance Petitions filed with FDA and Dept. of Education

(July 31st, 2018)

Petition for Rulemaking to Promulgate Regulations Prohibiting the Issuance, Reliance on or Defense of Improper Agency Guidance Submitted to the United States Department of Education

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Petition for Rulemaking to Promulgate Regulations Prohibiting the Issuance, Reliance on or Defense of Improper Agency Guidance Submitted to U.S. Food and Drug Administration

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Guidance Petitions filed with SEC and HUD

(July 30th, 2018)

Petition for Rulemaking to Promulgate Regulations Prohibiting the Issuance, Reliance on or Defense of Improper Agency Guidance Submitted to Securities and Exchange Commission

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Petition for Rulemaking to Promulgate Regulations Prohibiting the Issuance, Reliance on, or Defense of Improper Agency Guidance Submitted to the United States Department of Housing & Urban Development

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Opinion

The Hill: Dept. of Justice needs to do more than just promise to solve the guidance problem, by Caleb Kruckenberg

(July 23, 2018)

"After decades of unchecked expansion of the administrative state, Washington finally has recognized that it has a problem. The current administration has made an earnest commitment to regulatory reform as a matter of policy. But to achieve reform beyond the whims of the current administration, now is the time to embrace more permanent limitations."

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News

Law and LibertyJudge Kethledge is the Best Choice to Curtail the Administrative State, Matthew Downer

(July 8, 2018)

The Trump administration has made a priority of shrinking the administrative state. A recent study authored by the New Civil Liberties Alliance (NCLA), which is headed by the prominent constitutional-law scholar Philip Hamburger, concludes that “If President Trump wishes to appoint another justice who would respect the Constitution and shrink the administrative state, he would have a hard time—perhaps an impossible time—finding a better choice than Judge Ray Kethledge.”


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@hughhewitt tweet

(July 8, 2018)

The assessment of Prof. Philip Hamburger of Judge Kethledge re the administrative state is a very significant one. I hope @realDonaldTrump team puts this article on the top of the pile: (link: http://www.libertylawsite.org/2018/07/08/judge-kethledge-administrative-state-power/) libertylawsite.org/2018/07/08/jud… Judge Kethledge gets cheers from @POTUS 1st 2d and 5th Am motivated

Press Release

New Civil Liberties Alliance (NCLA) Tells Bureau of Consumer Financial Protection (BCFP): "Your Guidance Is Misguided"

NCLA calls out BCFP for unlawfully using guidance in place of rulemaking

WASHINGTON, D.C. — July 3, 2018 /PRNewswire-USNewswire/ -- In response to BCFP's Request for Information regarding its use of guidance, NCLA filed comments yesterday strongly rebuking the Bureau for its egregious abuse of guidance to effectively create new law without following statutory and constitutional requirements. Agency guidance is only allowed to clarify existing legal obligations, and not to create new ones.

"BCFP must stop unlawfully imposing new legal duties through guidance. The Bureau has engaged in de facto rulemaking without following legal requirements set out in the Administrative Procedure Act (APA) and if only for this reason, it has acted without constitutional authority," said Philip Hamburger, NCLA President.

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