Jared McClain is an attorney with the Institute for Justice.

He joined IJ in February 2022 after litigating public-interest cases for several years. 

Jared has brought cases to protect economic liberty, property rights, and free speech from unlawful government intrusion.  In his first case, he won an injunction securing a paycheck-protection loan for a small-business owner, which the Small Business Administration had denied because the owner had a prior felony conviction.  Jared has also challenged the federal courts’ unconstitutional application of the “career offender” enhancement under the U.S. Sentencing Guidelines.

Before becoming a public-interest lawyer, Jared clerked for the Honorable Andrea M. Leahy on the Court of Special Appeals of Maryland.  He was also a judicial extern for the Honorable Sally D. Adkins of the Court of Appeals of Maryland, the Honorable Anthony Trenga of the U.S. District Court for the Eastern District of Virginia, and the Honorable R. Terence Ney of the Circuit Court for Fairfax County, Virginia.    

Jared’s work has been featured in The Daily Beast, Orange County Register, Reason, The Daily News, InsideSources, The Harvard Journal of Law & Public Policy, The University of Baltimore Law Review, and The Journal of Southern Legal History.

He received his law degree with honors from George Mason University School of Law and his undergraduate degree from the Richard Stockton College of New Jersey.

Jared is a member of the Maryland and D.C. bars and is admitted to practice in several federal courts throughout the country.

Jared's Cases

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Jared's Amicus Briefs

Rogers v. Smith, et. al.

Rogers v. Smith, et. al.

United States Court of Appeals for the Fifth Circuit

Cochran v. SEC

Cochran v. SEC

United States Supreme Court

Jared's News, Articles & Publications

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Jared's Hearings

Humboldt Abatements Oral Argument

  • 9th Circuit
  • April 09, 2024

IJ filed a class action against Humboldt County in October 2022, alleging that the county’s code enforcement fines innocent people millions of dollars.  The trial court dismissed the complaint in its entirety, saying that IJ’s allegations were too incredible to be true.  On an appeal from that decision, the U.S. Read More