Note: this article was originally published in the National Law Journal.
Judging by reactions expressed in emails and phone calls received by Epstein Becker & Green member Stuart Gerson, the formation of a group of 14 conservative and libertarian lawyers who see the rule of law in peril has struck a nerve in conservative circles.
“These are perilous times for the nation,” said Gerson, who practices in the firm’s litigation and health care and life sciences groups. “One of the things that defines us is our traditional adherence to the rule of law. There just became a consensus that this was a particularly right time to speak out in favor of the rule of law on the conservative side.”
The group, self-styled as Checks and Balances, emerged publicly just two days before the annual meeting in Washington of the conservative Federalist Society where the new group’s formation and “mission statement” are likely to be a hot topic of conversation. That meeting features a who’s who of conservative-appointed federal appellate judges, many of whose names are on President Donald Trump’s list of potential U.S. Supreme Court nominees.