The Society for the Rule of Law and Democracy Inc. (SRL), formerly known as the Checks and Balances Group, is a right-of-center legal society dedicated to opposing former President Donald Trump in the legal system. ¹ SRL launched as an anti-Trump conservative alternative to the Federalist Society and hardened its opposition to the former President after the January 6, 2021, riot at the U.S. Capitol. ^{2 3 4}

Checks and Balances Group began as an independent non-profit. The organization reformed as a fiscally sponsored project of the Defending Democracy Together Institute in November 2023 under the name Society for the Rule of Law and Democracy. ⁵

History

In 2018, the Society for the Rule of Law was founded as the Checks and Balances Group, also known as C and B, a conservative legal society similar to the Federalist Society. Its leadership consisted of George Conway, former Judge J. Michael Luttig, former U.S. Representative Barbara Comstock (R-VA), former Acting Attorney General Stuart Gerson, and former Reagan White House lawyer Alan Raul. ^{6 7 8}

In November 2023, C and B re-branded itself as the Society for the Rule of Law to mark the organization’s decisions to more aggressively criticize former President Donald Trump from a conservative legal perspective. In an op-ed in the New York Times, SRL positioned itself as a challenger group to the Federalist Society which it believed had “failed to respond” to the “period of crisis” instigated by former President Trump. According to legal commentator David Lat, the rift that had begun in conservative legal circles with the election of President Trump widened in 2021 due to the January 6 riot at the U.S. Capitol, which reinvigorated SRL. ^{9 10 11}

In the op-ed, SRL called the prospect of a second term for President Trump “frightening” because President Trump would circumvent existing laws, appoint appointees who would rubber-stamp his plans to take retribution against political opponents, remove bureaucrats at will, and take unilateral action on the First Amendment, criminal justice, elections, and immigration. ¹²

SRL opposes President Trump’s plans by promoting “the primacy of American democracy, the sanctity of the Constitution and the rule of law, the independence of the courts, the inviolability of elections and mutual support among those tasked with the solemn responsibility of enforcing the laws of the United States.” ¹³

While C and B was an independent social-welfare group, the reformed SRL is a fiscally sponsored project of the Defending Democracy Together Institute (DDTI). According to SRL’s website, the fiscal sponsorship is a temporary measure to permit the organization to receive tax-exempt donations until SRL can attain tax-exempt status. ¹⁴

The launch of SRL was financed by fundraising efforts by Sarah Longwell, a long-time Republican operative and opponent of former President Trump who founded DDTI, Defending Democracy Together, Republicans for the Rule of Law, and Center Action Now. ¹⁵

Activity

The Society for the Rule of Law and its predecessor, the Checks and Balances Group, primarily writes amicus briefs, provides pro bono legal services, and writes op-eds in opposition to former President Donald Trump. In April 2024, SRL signed an amicus brief in Trump v. New York supporting Justice John Merchan’s gag order against former President Trump. ^{16 17}

In January 2024, SRL signed an amicus brief in Trump v. Anderson arguing that former President Trump should be disqualified from running for public office under the Fourteenth Amendment. ¹⁸ Earlier in January, SRL signed an amicus brief in US v. Trump arguing against granting former President Trump immunity from prosecution. ¹⁹

In November 2023, SRL held its first annual Rule of Law Summit in Washington D.C. ²⁰

In August 2023, SRL filed an amicus brief in State of Georgia v. Mark Meadows and Jeffrey Clark arguing that the case should remain in Georgia state court rather than be decided in a federal court. Meadows and Clark were advisors to President Trump charged with election interference in Georgia. ²¹

In October 2022, SLR joined an amicus brief in Moore v. Harper to argue against the contention that state legislatures have “total supremacy” over state election statutes. ²²

Leadership

George Conway III is a co-founder of the Society for the Rule of Law and one of its primary spokesmen. Conway, formerly a well-established lawyer and Republican operative, was involved in exposing the Monica Lewinsky scandal during Bill Clinton’s administration and was later reportedly considered for numerous legal posts in the Donald Trump administration, in part because he was at the time the husband of Kellyanne Conway, then senior counsel to President Trump. However, George Conway emerged as an outspoken critic of President Trump by co-founding the anti-Trump Lincoln Project. ^{23 24}

Judge J. Michael Luttig is an SRL co-founder who sat on the U.S. Court of Appeals for the Fourth Circuit for 15 years. He worked as counselor and special advisor to Coca-Cola, and formerly sat on the board of Boeing. In January 2024, Luttig filed an amicus brief with the U.S. Supreme Court arguing that President Trump should be disqualified from running for public office under the 14th Amendment. ^{25 26}

Former U.S. Representative Barbara Comstock (R-TN) is an SRL co-founder and was in office from 2015 to 2019 when she lost re-election. She previous was in the Virginia State Senate for five years and in the U.S. Department of Justice under President George W. Bush. ²⁷ At the 2024 National Press Foundation’s Women in Politics Journalism Fellowship conference, former U.S. Rep. Comstock called former President Trump a “horrible misogynist” and criticized the Republican Party for marginalizing members that don’t “worship the Orange Cheeto God.” ²⁸

Stuart Gerson is an SRL co-founder and was the acting U.S. Attorney General from the conclusion of the George H.W. Bush administration until the Clinton administration confirmed its nominee for the permanent posting. ²⁹

Alan Raul is an SRL co-founder and is the founder of Sidley Austin LLP’s Privacy and Cybersecurity practice. Raul previously worked as vice chairman of the U.S. Privacy and Civil Liberties Oversight Board, and as general counsel for the U.S. Office of Management and Budget and the U.S. Department of Agriculture. ³⁰

Gregg Nunziata has been the executive director of SRL since February 2023. Nunziata co-founded Paralegis, a company that sells public policy metadata, and remains the president of Rock Spring Public Policy LLC, a legal consulting firm. Nunziata was previously general counsel to U.S. Senator Marco Rubio (R-FL), senior director of the Advisory Board Company,
judiciary and homeland security policy counsel for the U.S. Senate Republican Policy Committee, counsel for the U.S. Senate Judiciary Committee, special assistant to the U.S Department of Justice under President George W. Bush, and an intern at the Heritage Foundation. ^{31 32}

1. “Membership.” Society for the Rule of Law. Accessed April 23, 2024. https://societyfortheruleoflaw.org/membership/.
2. Conway, George; Luttig, Michael; Comstock, Barbara. “America Needs a Pro-Democracy Conservative Legal Establishment.” The New York Times. November 21, 2023. Accessed April 23, 2024. https://web.archive.org/web/20231121113605/https://www.nytimes.com/2023/11/21/opinion/trump-lawyers-constitution-democracy.html.
3. Lat, David. “A Tale of Two Societies: The Society For The Rule Of Law v. The Federalist Society.” Original Jurisdiction. November 30, 2023. Accessed April 23, 2024. https://davidlat.substack.com/p/a-tale-of-two-societies-the-society.
4. “Society for the Rule of Law Launches to Confront Mounting Constitutional Threats.” Society for the Rule of Law. November 6, 2023. Accessed April 23, 2024. https://societyfortheruleoflaw.org/society-for-the-rule-of-law-launch/.
5. “Membership.” Society for the Rule of Law. Accessed April 23, 2024. https://societyfortheruleoflaw.org/membership/.
6. Conway, George; Luttig, Michael; Comstock, Barbara. “America Needs a Pro-Democracy Conservative Legal Establishment.” The New York Times. November 21, 2023. Accessed April 23, 2024. https://web.archive.org/web/20231121113605/https://www.nytimes.com/2023/11/21/opinion/trump-lawyers-constitution-democracy.html.
7. Lat, David. “A Tale of Two Societies: The Society For The Rule Of Law v. The Federalist Society.” Original Jurisdiction. November 30, 2023. Accessed April 23, 2024. https://davidlat.substack.com/p/a-tale-of-two-societies-the-society.
8. “Society for the Rule of Law Launches to Confront Mounting Constitutional Threats.” Society for the Rule of Law. November 6, 2023. Accessed April 23, 2024. https://societyfortheruleoflaw.org/society-for-the-rule-of-law-launch/.
9. Conway, George; Luttig, Michael; Comstock, Barbara. “America Needs a Pro-Democracy Conservative Legal Establishment.” The New York Times. November 21, 2023. Accessed April 23, 2024. https://web.archive.org/web/20231121113605/https://www.nytimes.com/2023/11/21/opinion/trump-lawyers-constitution-democracy.html.
10. Lat, David. “A Tale of Two Societies: The Society For The Rule Of Law v. The Federalist Society.” Original Jurisdiction. November 30, 2023. Accessed April 23, 2024. https://davidlat.substack.com/p/a-tale-of-two-societies-the-society.
11. “Society for the Rule of Law Launches to Confront Mounting Constitutional Threats.” Society for the Rule of Law. November 6, 2023. Accessed April 23, 2024. https://societyfortheruleoflaw.org/society-for-the-rule-of-law-launch/.
12. Conway, George; Luttig, Michael; Comstock, Barbara. “America Needs a Pro-Democracy Conservative Legal Establishment.” The New York Times. November 21, 2023. Accessed April 23, 2024. https://web.archive.org/web/20231121113605/https://www.nytimes.com/2023/11/21/opinion/trump-lawyers-constitution-democracy.html.
13. Conway, George; Luttig, Michael; Comstock, Barbara. “America Needs a Pro-Democracy Conservative Legal Establishment.” The New York Times. November 21, 2023. Accessed April 23, 2024. https://web.archive.org/web/20231121113605/https://www.nytimes.com/2023/11/21/opinion/trump-lawyers-constitution-democracy.html.
14. “Membership.” Society for the Rule of Law. Accessed April 23, 2024. https://societyfortheruleoflaw.org/membership/.
15. Lat, David. “A Tale of Two Societies: The Society For The Rule Of Law v. The Federalist Society.” Original Jurisdiction. November 30, 2023. Accessed April 23, 2024. https://davidlat.substack.com/p/a-tale-of-two-societies-the-society.
16. “Stuart Gerson condemns Trump’s call for “termination” of the Constitution.” University of Pennsylvania Center for Ethics and the Rule of Law. December 5, 2022. Accessed April 23, 2024. https://www.penncerl.org/news/stuart-gerson-condemns-trumps-call-for-termination-of-the-constitution/.
17. “Members and Leadership Sign Amicus Brief in New York v. Trump.” The Society for the Rule of Law. April 12, 2024. Accessed April 23, 2024. https://societyfortheruleoflaw.org/amicus-brief-new-york-v-trump/.
18. “Members and Leadership Sign Amicus Brief in Trump v. Anderson.” Society for the Rule of Law. January 30, 2024. Accessed April 23, 2024. https://societyfortheruleoflaw.org/members-and-leadership-sign-amicus-brief-in-trump-v-anderson/.
19. “Members Sign Amicus Brief in US v. Trump.” Society for the Rule of Law. January 2, 2024. Accessed April 23, 2024. https://societyfortheruleoflaw.org/amicus-brief-filed-in-absolute-immunity-case-2/.
20. “Rule of Law Summit 2023.” Society for the Rule of Law. October 10, 2023. Accessed April 23, 2024. https://societyfortheruleoflaw.org/rule-of-law-summit/.
21. “Amicus Brief Filed in Georgia v. Meadows Case.” Society for the Rule of Law. August 30, 2023. Accessed April 23, 2024. https://societyfortheruleoflaw.org/mark-meadows-amicus-brief/.
22. “Amicus Brief Filed in U.S. Supreme Court, Includes C&B Members as Signatories.” Society for the Rule of Law. October 20, 2022. Accessed April 23, 2024. https://societyfortheruleoflaw.org/amicus-brief-filed-in-u-s-supreme-court-includes-cb-members-as-signatories-2/
23. Terris, Ben. “George Conway is the man at the center of everything.” The Washington Post. May 14, 2017. Accessed April 23, 2024. https://www.washingtonpost.com/lifestyle/style/george-conway-is-the-man-at-the-center-of-everything/2017/05/13/e0720ad6-366b-11e7-b412-62beef8121f7_story.html.
24. Hakim, Danny; Becker, Jo. “George Conway, a Lincoln Project founder, backs shuttering the group amid a harassment crisis.” The New York Times. February 16, 2021. Accessed April 23, 2024. https://www.nytimes.com/2021/02/16/us/politics/george-conway-lincoln-project-sexual-harassment.html.
25. “J Michael Luttig.” National Constitution Center. Accessed April 23, 2024. https://constitutioncenter.org/about/board-of-trustees/j-michael-luttig.
26. Fortinsky, Sarah. “Retired conservative judge: ‘Trump disqualified himself’ from ballot.” The Hill. January 30, 2024. Accessed April 23, 2024. https://thehill.com/regulation/court-battles/4437135-retired-judge-luttig-trump-disqualified-himself-ballot/.
27. “Barbara Comstock.” Ballotpedia. Accessed April 23, 2024. https://ballotpedia.org/Barbara_Comstock.
28. Johnson, Kevin. “A ‘Frustrating’ Time for Republican Women: Former GOP Lawmaker Calls Out Trump As ‘Horrible Misogynist.” National Press Foundation. April 16, 2024. Updated April 22, 2024. Accessed April 23, 2024. https://nationalpress.org/topic/women-politics-congress-trump-reporting/.
29. “Stuart Gerson.” Campaign Legal Center. Accessed April 23, 2024. https://campaignlegal.org/staff/stuart-gerson.
30. “Alan Raul.” Harvard Law School. Accessed April 23, 2024. https://hls.harvard.edu/faculty/alan-raul/.
31. “New Executive Director Announced.” Society for the Rule of Law. February 13, 2024. Accessed April 23, 2024. https://societyfortheruleoflaw.org/new-executive-director-announced/.
32. “Greg Nunziata.” LinkedIn. Accessed April 23, 2024. https://www.linkedin.com/in/greggnunziata/.