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Non-profit

The New Civil Liberties Alliance

Tax ID:

81-3474290
Budget (2019):

Revenue: $4,052,996
Expenses: $2,692,972
Assets: $5,779,252
Website:

nclalegal.org
Location:

Washington, D.C
Formation:

2017
Type:

Non-Profit
President:

Mark Chenoweth
President's Salary:

$257,720 1

References

  1. New Civil Liberties Alliance, Return of Organization Exempt from Income Tax (Form 990), 2019, Part VII, Section A, Line 1a.

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The New Civil Liberties Alliance (NCLA) is a nonpartisan, public interest law firm that aims to protect citizens’ constitutional freedoms from violations by the administrative state. 1

The New Civil Liberties Alliance is an associate member of the State Policy Network, a coalition of free-market state-level policy organizations. 2

Activity

The New Civil Liberties Alliance was founded by legal scholar Philip Hamburger in order to protect constitutional freedoms from what it claims to be the unlawful power of state and federal agencies. NCLA intends to support a new civil liberties movement and restoration of fundamental rights to citizens through its litigation. 3

The New Civil Liberties Alliance claims that the administrative state is a serious threat to constitutional freedoms, as it denies more rights to citizens than any other development in contemporary American law. NCLA further claims that the administrative state within the U.S. government is unconstitutional. In order to protect civil liberties, the New Civil Liberties Alliance files lawsuits and amicus briefs in order to overturn what it deems unlawful and unconstitutional actions by state and federal agencies. 4

The New Civil Liberties Alliance claims that the Centers for Disease Control and Prevention’s (CDC) eviction moratorium, which was enacted in response to the COVID-19 pandemic, is unlawful and infringes on property owners’ rights. NCLA points out that while the moratorium, which the Biden administration attempted to extend through October 2021 before it was struck down by the Supreme Court, 5 gives financial relief to renters, it has been economically devastating to owners who rely on rental income to pay their own bills. On behalf of the National Apartment Association and other private housing providers, the NCLA filed a complaint in the case of Rick Brown, et al. v. CDC, challenging the CDC’s authority to impose an eviction moratorium. 6

The New Civil Liberties Alliance is currently representing individuals who have had COVID-19 in a class action lawsuit against Michigan State University, which is mandating vaccination for all employees regardless of antibody count or infection stators. NCLA claims that the school’s “COVID Directives” are unconstitutional and points out that individuals who have recovered from COVID-19 have acquired enough antibodies to prevent the necessity of receiving a vaccine. The New Civil Liberties Alliance further claims that Michigan State’s mandate violates an individual’s constitutional rights under both the Ninth and Fourteenth Amendments, by threatening to inflict professional consequences to those who do not choose to get vaccinated. 7

Funding

The New Civil Liberties Alliance is funded by donations from individuals, foundations, and corporations. While NCLA does not disclose its donors, tax filings show notable donations from the Charles Koch Foundation ($1 million in 2017), 8 Donors Trust ($1 million in 2019) , 9 and the Lynde and Harry Bradley Foundation ($300,000 in 2018). 10

Staff

Mark Chenoweth is the executive director and general counsel of the New Civil Liberties Alliance. Chenoweth formerly worked as chief of staff to then-U.S. Representative Mike Pompeo (R-KS), as an attorney advisor in the Office of Legal Policy at the Department of Justice, and as general counsel at the Washington Legal Foundation. 11

Jeffrey Bossert Clark is the chief of litigation and director of strategy at NCLA. Clark formerly worked as an assistant attorney general of the Environment and Natural Resources Division of the Department of Justice. 12

Mike DeGrandis is senior litigation counsel at NCLA and formerly served as vice president of research and development at the National Center for Housing Management. 13

Will Gale is the content writer at NCLA and formerly worked as a regional radio coordinator at the Republican National Committee. 14

Sheng Li is litigation counsel at NCLA and former counselor to the administrator of wage and hour at the Department of Labor. 15

Peggy Little is senior counsel at NCLA and former director of the Federalist Society Pro Bono Center. 16

Jared McClain is litigation counsel at NCLA and a former attorney at the Washington Legal Foundation. 17

John Vecchione is senior litigation counsel at NCLA and former president and CEO of the Cause of Action Institute. 18

Board of Advisors

Janice Rogers Brown, a former federal appellate judge, serves as chair of the board of the New Civil Liberties Alliance and sits on the board of the American Council of Trustees and Alumni. 19

Kristina Arriaga was commissioner of the U.S. Commission on International Religious Freedom and the former executive director of the Becket Fund for Religious Liberty. 20

Peter Berkowitz is a Tad and Dianne Taube Senior Fellow at the Hoover Institution. 21

Jennifer Braceras is a former commissioner of the U.S. Commission on Civil Rights and a former senior fellow for legal policy at the Independent Women’s Forum. 22

Don Elliott formerly worked as general counsel for the Environmental Protection Agency and formerly sat on the board of the Environmental Law Institute. 23

Dan Gallagher is a former commissioner of the Securities and Exchange Commission. 24

Allyson Ho works with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. Ho is a member of the Federalist Society, the American Law Institute, and the legal policy advisory board at the Washington Legal Foundation. 25

Gary Lawson is a founding member and member of the board of the Federalist Society, and is on the editorial advisory board of the Heritage Foundation’s The Heritage Guide to the Constitution. 26

Roger Pilon is the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute, where he formerly worked as vice president for legal affairs and director of the Robert A. Levy Center for Constitutional Studies. 27

Dan Troy formerly worked as general counsel for the Food and Drug Administration and attorney advisor at the Department of Justice. 28

Peter Wallison is a senior fellow emeritus at the American Enterprise Institute. 29

Rebecca Wood formerly served as chief counsel to the Food and Drug Administration. 30

References

  1. “About.” New Civil Liberties Alliance, 2021. Accessed September 21, 2021. https://nclalegal.org/about/.
  2. “The Network: Washington, DC.” State Policy Network, 2021. Accessed September 21, 2021. https://spn.org/directory/#DC.
  3.  “About.” New Civil Liberties Alliance, 2021. Accessed September 21, 2021. https://nclalegal.org/about/.
  4. “About.” New Civil Liberties Alliance, 2021. Accessed September 21, 2021. https://nclalegal.org/about/.
  5. Evans, Zachary. “Supreme Court Strikes down Biden Eviction Moratorium.” National Review. National Review, August 27, 2021. https://www.nationalreview.com/news/supreme-court-strikes-down-biden-eviction-moratorium/.
  6. “CDC Shuts Courtroom Doors to Housing Providers.” New Civil Liberties Alliance, 2021. Accessed September 27, 2021. https://nclalegal.org/cdc-moratorium/.
  7. “NCLA Represents COVID-19 Survivors in Class-Action Lawsuit Against Mich. State U. Vaccine Mandate.” New Civil Liberties Alliance, August 27, 2021. Accessed September 27, 2021. https://nclalegal.org/2021/08/ncla-represents-covid-19-survivors-in-class-action-lawsuit-against-mich-state-u-vaccine-mandate/.
  8. Charles Koch Foundation, Return of Private Foundation (Form 990-PF), 2017, Part XV, Line 3a.
  9. Donors Trust, Return of Organization Exempt from Income Tax (Form 990), 2019, Schedule I, Part II.
  10. Lynde and Harry Bradley Foundation, Return of Private Foundation (Form 990-PF), 2018, Part XV, Line 3a.
  11. “Mark Chenoweth.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021.  https://nclalegal.org/mark-chenoweth/.
  12.  “Jeffrey Bossert Clark” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/jeffrey-bossert-clark/.
  13. “Michael P. DeGrandis.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/michael-p-degrandis/.
  14. “Will Gale.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/will-gale/.
  15. “Sheng Li.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/sheng-li/.
  16. “Margaret A. Little.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/margaret-a-little/.
  17. “Jared McClain.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/jared-mcclain/.
  18. “John J. Vecchione.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/john-j-vecchione/.
  19. “Janice Rogers Brown.” ACTA, 2021. Accessed September 23, 2021. https://www.goacta.org/board-member/janice-rogers-brown/.
  20. “Kristina Arriaga de Bucholz, Commissioner.” United States Commission on International Religious Freedom. Accessed September 23, 2021. https://www.uscirf.gov/about-uscirf/kristina-arriaga-de-bucholz-commissioner.
  21. “Board of Advisors.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/board-of-advisors/.
  22. “Jennifer C. Braceras.” U.S. Commission on Civil Rights. Accessed September 23, 2021. https://www.usccr.gov/about/jennifer-braceras.
  23.  “E. Donald Elliot.” Environmental Law Institute. Accessed September 23, 2021. https://www.eli.org/bios/e-donald-elliott.
  24. “Board of Advisors.” New Civil Liberties Alliance, 2021. Accessed September 23, 2021. https://nclalegal.org/board-of-advisors/.
  25. “Allyson N. Ho.” Gibson, Dunn & Crutcher LLP, 2021. Accessed September 23, 2021. https://www.gibsondunn.com/lawyer/ho-allyson-n/.
  26. “Gary S. Lawson.” Boston University School of Law. Accessed September 23, 2021. https://www.bu.edu/law/profile/gary-s-lawson/.
  27. “Roger Pilon.” Cato Institute. Accessed September 23, 2021. https://www.cato.org/people/roger-pilon.
  28. “Dan Troy.” LinkedIn, 2021. Accessed September 23, 2021. https://www.linkedin.com/in/dan-troy-701868b/
  29. “Peter J. Wallison.” American Enterprise Institute, 2021. Accessed September 23, 2021. https://www.aei.org/profile/peter-j-wallison/.
  30. “Rebecca K. Wood.” Sidley Austin LLP, 2021. Accessed September 23, 2021. https://www.sidley.com/en/people/w/wood-rebecca-k.
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Nonprofit Information

  • Accounting Period: December - November
  • Tax Exemption Received: September 1, 2017

    • Available Filings

    Period Form Type Total revenue Total functional expenses Total assets (EOY) Total liabilities (EOY) Unrelated business income? Total contributions Program service revenue Investment income Comp. of current officers, directors, etc. Form 990
    2019 Dec Form 990 $4,052,996 $2,692,972 $5,779,252 $65,141 N $4,035,727 $0 $0 $288,124 PDF
    2018 Dec Form 990 $2,949,940 $1,503,235 $4,391,478 $37,391 N $2,949,940 $0 $0 $0 PDF
    2017 Dec Form 990 $1,653,383 $0 $1,653,383 $0 N $1,653,383 $0 $0 $0 PDF