Agenda: Rule of Law Summit 2025

Checks and Balances in a Polarized Age

Wednesday, October 22, 2025, 9 am – 8 pm ET

Washington, D.C.

Coffee & Networking — 9:00 am

Welcome: New Challenges for the Rule of Law — 9:30 am

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? — 9:45 am

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? — 10:45 am

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? — 11:45 am

In theory, elections are the greatest safeguard of democracy—but in practice, their integrity 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 and the Federal Election Commission. 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 — 12:45 pm

Panel IV: State of Emergency: Can Congress Still Check the Executive? — 1:30 pm

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? — 2:30 pm

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 — 3:30 pm

Panel VI: Litigating for Law and Liberty: What Can Lawsuits Achieve? — 3:45 pm

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.

George Conway

Board President, Society for the Rule of Law

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? — 4:45 pm

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.