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We are building a broad coalition of legal practitioners in the fight against the abuses of the Administrative State. To that end, we aim to provide you with the tools and resources necessary to defend your clients’ core constitutional rights.

The New Civil Liberties Alliance now offers Continuing Legal Education (“CLE”) programs focusing on important topics in Administrative Law. Offered for full credit and free of charge, new courses will be available quarterly. Satisfy your CLE requirements with engaging courses taught by significant subject matter experts. Past sessions have been taught by renowned professors like Philip Hamburger, important judges like Hon. Janice Rogers Brown, and top government officials, such as Hon. Ajit Pai (FCC), Hon. Nancy Nord (CPSC), and Hon. James Danly (FERC). NCLA offers CLE courses in person at our Dupont Circle offices and, starting in 2024, those same courses will be available on-demand for online credit.

Click the arrow below to learn more about NCLA’s CLE offerings.

Statutory Misinterpretation: How the Department of Education Squinted at Title IX and Pretended ‘Sex’ Wasn’t Binary

By: Kaitlyn Schiraldi

June 6, 2024

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Ruth Bader Ginsburg and Antonin Scalia defended civil liberties from opposite ends of the jurisprudential spectrum. Their legendary friendship glowed as a beacon of collegiality in a world increasingly clouded by partisan rancor. To perpetuate their legacy and foster a culture of civility, the New Civil Liberties Alliance founded the Ginsburg-Scalia Fellowship, a prestigious summer program for select law students exploring the denial of our core constitutional rights—freedom of expression, freedom of association, religious liberty, due process, jury trial, and freedom from unreasonable search—by the Administrative State.

If your firm has an office in D.C., you can nominate summer associates who will be spending the summer in that office to take part in this prestigious program. Fellows receive a stipend of $1,000 for participation and it requires only one night per week for a program that takes place after the workday ends.

Fellows who complete the program receive an honorarium of $1,000.

The New Civil Liberties Alliance is proud to be fighting the good fight on behalf of hero clients willing to stand up to the Administrative State. We’re looking for dynamic professionals who believe in our mission and want to make a real impact pursuing cutting-edge constitutional cases. Ever wondered what it might feel like to wake up every morning excited to join the fight on behalf of the good guys? Join us and find out!

Event

SCOTUS Overturns ATF’s Bump Stock Ban, Agency Cannot Rewrite Criminal Law

The Cargill case is a big victory, described by David Lat in Original Jurisdiction as one of the biggest Supreme Court cases of the term. This important decision checks the Administrative State: an agency may not regulate beyond its statutory…

Event

Swimming Against the Tide: Fighting Censorship and Compelled Speech in Women's Sports

Making the University of Pennsylvania women's swim team should have been the apex of Paula Scanlan's competitive swimming career. Instead, she was subjected to censorship, coercion, compelled speech, and a host of other indignities, all because she didn't think she…

Chevron Bias

Phillip Hamburger

Judicial Deference

Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.

Judicial Deference

Chevron requires judges to defer to agency interpretations of statutes and justifies this on a theory of statutory authorization for agencies. This Article, however, points to a pair of constitutional questions about the role of judges—questions concerning independent judgment and systemic bias that have not yet been adequately asked, let alone answered.

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