For close to four decades, the Federalist Society has been a powerhouse within the realm of right-wing legal thought. Originating as a simple debating society, its chapters have proliferated across nearly every major law school throughout the nation – securing its position as a heavyweight conservative legal entity. The ties between the Federalist Society and the Supreme Court justices appointed by Republicans are intimate, with each justice having some connection to the organization. Additionally, all federal judicial candidates nominated by Donald Trump were chosen by FedSoc Chair Leonard Leo.
However, not everyone within conservative circles is content with the organization’s close relationship with Donald Trump, particularly in light of the aftermath of the contentious 2020 election. Bearing this in mind, the Society for the Rule of Law was recently launched, serving as a rebrand of the Checks and Balances network.
At the helm of this new initiative are widely respected conservative legal figures including attorney George Conway, former Judge J. Michael Luttig, along with former Rep. Barbara Comstock, and former Reagan White House lawyer Alan Raul. Although they share many of the Federalist Society’s conservative principles, they are seeking to distance themselves from the more fringe theories promoted by the FedSoc. As expressed by Stuart Gerson, the Society’s Board Treasurer, the aim is to cultivate a new generation of legal talent that can defend founding principles and protect the liberties of all Americans.
The Society for the Rule of Law has a concrete plan to win over the hearts and minds of conservatives throughout the country, which can be viewed in full here. The cornerstones of their strategy include educating Americans about the threats to democracy posed by certain conservative legal elements, expanding events and programming aimed at preserving America’s legal institutions, and assembling a nationwide society of conservative and center-right legal students, scholars, and practitioners committed to the rule of law. A crucial part of their agenda is a nationwide tour of law schools and universities to engage with young legal minds.
While progressive legal minds may view this as a continuation of the status quo, given the current ideological trajectory of the Federalist Society, the initiative led by the Society for the Rule of Law can certainly be seen as a step in the right direction.