close X

Search Results for: IRS

Two Obamacare Court Decisions: Only One Win for Accountability

July 22, 2014 by

Two Obamacare Court Decisions: Only One Win for Accountability

WASHINGTON – Cause of Action responded to two crucial court decisions today concerning the Affordable Care Act: Halbig v. Burwell, et al in the DC Circuit and King v. Burwell, et al in the 4th Circuit, showing that in the end, these cases are really about executive branch power and the need for accountability.

Cause of Action’s Senior Vice President of Litigation Reed Rubinstein:

“Two courts today affirmed the critical role of an external check on executive branch power– but only one court got it right. While the 4th Circuit gave lip service to the judiciary’s role as a check on agency action, it deferred to the agency’s own interpretation of the law. The DC Circuit, however, actually put that check into play and ruled that the IRS acted without authority. If our courts merely defer to executive branch power, no check and balance exists. Judges must do the job of judging and not hand over this responsibility to the agencies.”

###

Filed Under: Press Release

Cause of Action statement regarding the latest Hatch Act concerns raised by Congress

July 16, 2014 by

Statement from Cause of Action Executive Director Dan Epstein on the latest Hatch Act concerns raised by Congress:

“The Office of Special Counsel’s (OSC) guidance on the Hatch Act prohibits certain federal employees from engaging in partisan political behavior that contributes to the success or failure of a political party, candidate or political group.  If the IRS used government resources to actively target partisan political groups, then why has OSC failed to enforce the Hatch Act against that agency?  The Obama Administration cannot have it both ways.  Either organizations singled out by this Administration are not partisan political groups and this President authorizes the suppression of First Amendment activity with impunity or the OSC is not enforcing the law against executive branch employees for their on-duty partisan targeting of organizations the White House claims are partisan political groups.”

Filed Under: Press Release Tagged With: ,

Dan Epstein on the Peter Schiff Show 6/25/2014

June 30, 2014 by

Cause of Action’s Dan Epstein talks with Peter Schiff about the IRS targeting scandal.

 

Filed Under: News Audio Tagged With:

Cause of Action: Time for Department of Labor to Stop Hiding Behind Regulations

June 4, 2014 by

FOR IMMEDIATE RELEASE                                 CONTACT: Adam Temple

June 3, 2014                                                          temple@jdafrontline.com

 

Cause of Action: Time for Department of Labor to Stop Hiding Behind Regulations

WASHINGTON – In court filings today on behalf of Rhea Lana, Inc., a national children’s consignment event company, Cause of Action opposed the Department of Labor’s (DOL) motion to dismiss its lawsuit seeking to free the company from DOL’s attempts to ban consignor-volunteers at for-profit enterprises.

Rhea Lana, Inc. hosts consignment sales in numerous cities that allow parents and other family members to sell children’s clothing and items to other families. Consignors keep approximately 70 percent of the profits generated from their items, and Rhea Lana, Inc. keeps 30 percent.  The small family business has grown to include sales in 23 states across the country.  Consignors assist at sales events in exchange for the option to shop early. Given the tough economic reality facing many parents with young children, shopping for affordable, quality children’s items at Rhea Lana, Inc. events has led to overwhelmingly positive experiences for many families.

In January 2013, DOL commenced an investigation and concluded, despite receiving no apparent complaints from parents and other participants, that consignment event consigner-volunteers were “employees” under the Fair Labor Standards Act (FLSA).

The suit, filed in the U.S. District Court for the District of Columbia, argues that the DOL acted arbitrarily and outside the law when it classified Rhea Lana’s consignor-volunteers as employees under the FLSA. Cause of Action seeks a declaration that Rhea Lana, Inc. consignor-volunteers are not employees under the FLSA and an injunction prohibiting the DOL from bringing action against the company.

About Cause of Action:

Cause of Action is a non-profit, nonpartisan government accountability organization that fights to protect economic opportunity when federal regulations, spending and cronyism threaten it.  For more information, visit www.causeofaction.org.

About Rhea Lana, Inc.:

Founded by Rhea Lana Riner in her living room 16 years ago and headquartered in Conway, Arkansas, Rhea Lana’s Children’s Consignment hosts semi-annual sales.  With Arkansas roots, Rhea Lana’s Franchise Systems, Inc. is rapidly growing with 69 locations in 23 states.  The company is the first consignment sale business in the country to offer on-line management and real time tracking of merchandise through a computerized inventory system and a convenient mobile application. For more information, visit www.rhealana.com.

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Adam Temple, temple@jdafrontline.com

###

Filed Under: Press Release Tagged With: ,

Reason: The Government’s Bogus Lawsuit Against Buckyballs’ Creator Craig Zucker Ends In a Settlement

May 19, 2014 by

Read the full story: Reason

“I believe the case against Mr. Zucker should never have gotten started without an affirmative Commission vote approving the issuance of a complaint against him,” she wrote. This lawsuit consumed two years of Zucker’s life and will cost him as much as $375,000 plus more in legal fees; now, after the case is settled, she speaks out?

With the announcement of a settlement, the government accountability law firm Cause of Action is dropping the countersuit it filed on Zucker’s behalf, but will continue its efforts to uncover why the agency went after him in the first place through Freedom of Information Act litigation. It’ll be interesting to see what Cause of Action can uncover.

Filed Under: News Tagged With:

Washington Free Beacon: Nonprofit Challenges Government Definition of a Media Outlet

May 15, 2014 by

Read the full story: Washington Free Beacon

Cause of Action also points out that the U.S. District Court for Washington, D.C., recognized a similar watchdog group as a member of the media in a 2003 decision.

“The FTC’s repeated denial of our status as a news media organization threatens all new media and nonprofit news organizations that seek fee waivers for FOIA requests,” Cause of Action president Dan Epstein said in a statement. “Simply because the FTC feared that unfavorable information would be made public, we were unfairly denied access. If every agency behaves like the FTC, it will be devastating to those who fight for government accountability and transparency. The FTC’s job is not to play news editor and decide what is or isn’t news.”

This is the first time a federal appeals court has considered the issue. Because Cause of Action’s appeal will set precedent, the amicus brief argues the case “has implications beyond the outcome for the parties directly involved, and could make it difficult for the news media to fully report on the workings of government for the benefit of the public.”

Filed Under: News Tagged With: ,

Washington Examiner: Cause of Action asks court to stop FTC abuse of FOIA fee waiver authority

May 6, 2014 by

Read the full story: Washington Examiner

In an appeal filed Monday in the D.C. appeals court, Cause of Action argued that the FTC got it completely wrong because the courts ruled in 2003 that the Electronic Privacy Information Center, another nonprofit government watchdog, qualified as a news representative.

 

Cause of Action also noted in its Monday filing that the Open Government Act of 2007 mandated that federal agencies and courts include “alternative media” as representatives of the news media.

 

It would appear that a nonprofit watchdog group like Cause of Action or EPIC would qualify under the 2007 law, but federal courts have yet to decide that question. That means the Cause of Action appeal represents “issues of first impression.”

Filed Under: News Tagged With: ,