Founded by law professor Philip Hamburger, the New Civil Liberties Alliance (NCLA) is a nonprofit, public interest law firm, which engages in pro bono litigation to defend the liberty established by the Constitution. NCLA focuses primarily on fighting administrative power and conditions on spending where they systematically threaten constitutional freedoms, including the freedom of speech, jury-trial rights, and due process. Rather than resist administrative power each place where it threatens substantive rights and interests—that is, instead of always playing defense—NCLA will target key administrative mechanisms that repeatedly and broadly threaten constitutionally protected rights. For example, NCLA will oppose Chevron and Auer deference to administrative agencies—doctrines that threaten judicial independence and unbiased judgment. Coordinating its efforts with other civil rights groups, NCLA will pursue strategic litigation that promises to curtail the administrative state’s threat to civil liberties.
Description of the roles:
NCLA seeks experienced trial counsels who share its passion for restoring constitutional constraints on the administrative state. These positions offer a unique opportunity to preserve, protect and defend the Constitution of the United States from a position in a civil liberties organization. If getting in on the ground floor of a new constitutional litigation shop and saving liberty from unbridled administrative power sounds like a challenge you would enjoy, NCLA may be a good fit for you.
NCLA litigators must be deeply committed to NCLA’s mission and possess sufficient experience and wherewithal to run their assigned cases without substantial staffing assistance. While NCLA has litigation support staff, as NCLA continues to grow, an ideal candidate must be comfortable handling all aspects of litigation on their own at times.
In addition to handling their own caseloads, from the filing of a complaint through any necessary appeals, NCLA’s litigators will be expected to participate in media presentations about their cases, to help devise strategic litigation plans, to identify viable litigation opportunities, to participate in making decisions about which cases the organization will bring, to write op-eds about their cases, and to file regulatory petitions and comments. Filing and pursuing original litigation, including by suing federal departments or agencies directly in courts of appeals where possible, will be the mainstay of NCLA’s litigation docket. NCLA’s clients will be individuals who have standing to pursue a case and/or individuals who are fending off an administrative enforcement action that has broader significance.
The Litigation Counsels should be able to work with minimal direct supervision while proactively seeking executive input if the situation warrants it. The Senior Litigation Counsel will report to NCLA’s Executive Director and General Counsel, Mark Chenoweth. The Litigation Counsel will report to NCLA’s various Senior Litigation Counsel on a project basis.