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
Lawsuit from Oklahoma Small Business Challenges Administrative Courts Handing Down Ruinous Fines
Danny Barbee and his wife Diana together run ProCraft Masonry, LLC, a small masonry company in Tulsa, Oklahoma. Danny is a fourth-generation bricklayer and Diana has worked at ProCraft since its founding in 2010. Their…
Economic Liberty | Fresh Start
Maryland small business owner files federal lawsuit against USDA over policy of permanent punishment for crime for which he already served his time
When the government judges someone’s integrity, it should do so based on who they are today—not who they were 20 years ago. The United States Department of Agriculture (USDA), however, imposes a permanent ban from…
Code Enforcement | Fines and Fees | Private Property
Humboldt Abatements
In Humboldt County, the government issues ruinous fines for things people didn’t do because it doesn’t bother to investigate. Innocent landowners then have to appeal the fines to prove their innocence at a hearing the…
Code Enforcement | Fines and Fees | Private Property
Homeowner Fights Back Against NYC's "Unreviewable" Fines System
Serafim Katergaris was forced to pay $1,000 to the New York Department of Buildings (DOB) for a code violation he did not commit, did not know about and had no chance to challenge. Now, he's…
Economic Liberty | Private Property
Home day care provider sues city after officials shut her down over complaints from golfers
Bianca King is a single mother with two young children. Until recently, she was able to raise her 2-and 4-year-old kids while making a living running a small day care out of her home. But…
Jared's Amicus Briefs
Sosa v. Martin County, Florida
United States Supreme Court
Rogers v. Smith, et. al.
United States Court of Appeals for the Fifth Circuit
Cochran v. SEC
United States Supreme Court