Rule of Law Summit 2025
The Society for the Rule of Law’s signature annual gathering featured the nation’s leading legal voices discussing the state of the rule of law and the unprecedented challenges facing our legal norms and institutions.
We are a membership organization of lawyers, law students, and concerned citizens who are working to support the rule of law and American democracy. See below for a full list of speakers and our agenda.
For CLE purposes, please refer to this document.
Featured Speakers
J. Michael Luttig
Retired Federal Judge
Paul Grimm
Retired Federal Judge
Nancy Gertner
Retired Federal Judge
Barbara Comstock
Former Member of Congress
Ben Wittes
Lawfare
Stephen Richer
Former Maricopa County Recorder
Jonathan Rauch
Brookings Institution
Norm Eisen
Executive Chair, Democracy Defenders Fund
Amanda Carpenter
Protect Democracy
Greg Jacob
Former Counsel to the Vice President
Jay Nordlinger
Renew Democracy Initiative
Todd Gaziano
Center for Individual Rights
Nathaniel Zelinsky
Washington Litigation Group
Brendan Ballou
Former January 6 Prosecutor
Michael Feinberg
Former FBI Agent
Ilya Somin
Professor of Law, George Mason University
Matt Germer
R Street Institute
Darpana Sheth
Center for Individual Rights
Trevor Potter
Campaign Legal Center
James Wallner
Foundation for American Innovation
Lindsay Chervinsky
George Washington Presidential Library
Amit Agarwal
Special Counsel, Protect Democracy
Richard Bernstein
Society for the Rule of Law
Mark Chenoweth
New Civil Liberties Alliance
Shannen Coffin
Former Counsel to the Vice President
Alan Raul
Fmr. Associate Counsel to the President
Peter Keisler
Former Acting Attorney General
Stuart Gerson
Former Acting Attorney General
Donald Ayer
Fmr. Deputy Attorney General
Gregg Nunziata
Executive Director, Society for the Rule of Law
Agenda
Coffee & Networking
Welcome: New Challenges for the Rule of Law
Alan Raul
Fmr. Associate Counsel to the President
Gregg Nunziata
Executive Director, Society for the Rule of Law
Panel I: Theory and Reality: Should Conservatives Rethink the Unitary Executive?
For decades, the “unitary executive” theory has been a cornerstone of conservative constitutional thought, emphasizing the president’s control over the executive branch. It rests on the first clause of Article II: “The executive Power shall be vested in a President of the United States of America.” But recent years have tested its limits—and its wisdom—as constitutional theory has collided with political practice in ways that unsettle traditional conservative priorities. This panel will examine the intellectual origins of the unitary executive, its role in the separation of powers, and whether a rebalancing toward congressional or judicial checks is necessary. Panelists will explore historical practice, Supreme Court precedent, and contemporary political realities to ask: Is the unitary executive still a sound constitutional principle, or has it become a liability in preserving the rule of law?
Nathaniel Zelinsky
Washington Litigation Group
Amit Agarwal
Special Counsel, Protect Democracy
Todd Gaziano
Center for Individual Rights
Shannen Coffin
Former Counsel to the Vice President
Panel II: Norms, Prudence, and Republican Virtue: Can Our Political Culture Still Support Ordered Liberty?
Constitutional design relies not only on law but on the informal restraints of norms, prudence, and civic virtue. This panel will explore how these unwritten rules of behavior have historically supported the functioning of the republic, the ways in which they are under strain in a polarized era, and whether they remain a reliable check on power. Panelists will discuss the limits of norms as a safeguard, the interplay between law and virtue, and what role prudence and moral responsibility can play in preserving the rule of law and the health of democratic institutions.
Greg Jacob
Former Counsel to the Vice President
Jonathan Rauch
Brookings Institution
Jay Nordlinger
Renew Democracy Initiative
Lindsay Chervinsky
George Washington Presidential Library
Panel III: The Ultimate Check: How Free and Fair are Our Elections?
In theory, elections are the greatest safeguard of democracy—but in practice, their execution is under increasing pressure. This panel will assess the resilience of our electoral systems amid rising challenges—from partisan interference and election denialism to foreign influence and the rise of disinformation and AI-generated distortion. Panelists will explore recent and threatened actions by the Trump administration, the status of the Federal Election Commission, and recent developments in both red and blue states. They’ll also spotlight credible reforms—and the institutional strengths—that can preserve electoral legitimacy and reinforce the rule of law.
Stephen Richer
Former Maricopa County Recorder
Trevor Potter
Campaign Legal Center
Matt Germer
R Street Institute
Richard Bernstein
Society for the Rule of Law
Lunch Break
Panel IV: State of Emergency: Can Congress Still Check the Executive?
The Framers designed Congress as the first branch—vested with the power of the purse, the power to legislate, and the power to oversee. Yet in recent decades, the balance of power has shifted decisively toward the presidency. From expansive uses of emergency authorities to unilateral foreign policy moves and aggressive regulatory action, presidents of both parties have tested the limits of executive power. The present administration is challenging those limits further still, often relying on claims of emergencies. This panel will explore whether Congress still has the institutional capacity, political will, and constitutional tools to serve as an effective check necessary to restore the Madisonian equilibrium.
Amanda Carpenter
Protect Democracy
Barbara Comstock
Former Member of Congress
Ilya Somin
Professor of Law, George Mason University
James Wallner
Foundation for American Innovation
Panel V: The Judiciary in the Maelstrom: Can an Indispensable Branch Withstand the Storm?
The federal judiciary is facing an unprecedented, coordinated, and sustained campaign aimed at undermining its authority and independence. This panel of retired federal judges will examine the constitutional role of the courts, the sources and consequences of these attacks, and the risks to public confidence in judicial impartiality. Panelists will discuss how the judiciary can preserve its legitimacy, what mechanisms exist—or could be strengthened—to safeguard judicial independence, and the role of judges, lawyers, and citizens in defending the courts as an equal branch of government and indispensable guardian of the rule of law.
J. Michael Luttig
Retired Federal Judge
Paul Grimm
Retired Federal Judge
Nancy Gertner
Retired Federal Judge
Ben Wittes
Lawfare
Coffee Break
Panel VI: Litigating for Law and Liberty: What Can Lawsuits Achieve?
Public interest litigation has long been a tool for advancing constitutional principles, protecting individual rights, and holding government to account. This panel brings together leaders of ideologically diverse nonprofit law firms to discuss what litigation can—and cannot—achieve for the rule of law in today’s legal and political environment. Panelists will explore the strategic promise and practical limits of using the courts to defend first principles, how the judiciary is performing as a guardian of liberty, and how litigation fits into a broader ecosystem of advocacy for the rule of law and American democracy.
Norm Eisen
Executive Chair, Democracy Defenders Fund
Mark Chenoweth
New Civil Liberties Alliance
Darpana Sheth
Center for Individual Rights
Panel VII: Politics and Prosecutors: How Bad is the Damage to the DOJ and FBI?
The Department of Justice has long prided itself on professionalism and independence from inappropriate political interference, as has the Federal Bureau of Investigation. But both have faced severe pressure during the present administration, as senior political officials have launched purges of longstanding career employees and appeared to put the agencies in the service, not of the law, but of the occupant of the White House. Defenders of the administration claim it is simply correcting for bias and weaponization by the prior administration. This panel will assess the extent of the damage: how much the DOJ’s credibility has eroded, how deeply political influence has penetrated prosecutorial decision-making, how badly the FBI’s investigative capacities have been undermined, and what all of this means for the rule of law. Panelists will consider whether institutional norms and internal safeguards are strong enough to withstand these pressures, what reforms might be needed to restore public trust, and how prosecutors and special agents can continue to serve justice in a polarized environment.
Peter Keisler
Former Acting Attorney General
Stuart Gerson
Former Acting Attorney General
Donald Ayer
Fmr. Deputy Attorney General
Brendan Ballou
Former January 6 Prosecutor
Michael Feinberg
Former FBI Agent
Closing Remarks: Where Do We Go From Here?
Cocktail Reception
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