secondary-fullColor-libertyGreen

“Free and Fair Litigation Group” to Bring Carefully-Selected, High-Impact Cases That Protect our Democracy and Individual Rights

NEW YORK – Carey Dunne, Mark Pomerantz, and Michele Roberts – three of the highest-profile attorneys in the nation – today announced the formation of FREE AND FAIR LITIGATION GROUP, a first-of-its kind, non-profit law firm designed to counter the new authoritarian threat to our democracy and individual rights. FREE AND FAIR will select up to ten cases at a time, based on their potential to create new case law that bolsters our democracy. All of its cases will be nationally significant, and some may reach the Supreme Court.

“The radical authoritarianism rising in our politics is gaining a foothold in our courts,” said DUNNE, POMERANTZ, and ROBERTS. “Courts have rolled back fundamental rights that existed for decades, and the democracy that we once took for granted faces existential threats.”

“Free and Fair is a non-profit law firm designed for this moment. All of our cases help guarantee free and fair elections and restore long-held, constitutional freedoms. We are advocates for a democracy in crisis.”

WHO:

CAREY DUNNE (former General Counsel, Manhattan D.A.; President, N.Y.C. Bar Association; Litigation Chair, Davis Polk) and MARK POMERANTZ (former Litigation Partner, Paul Weiss; Head of Criminal, S.D.N.Y.) are two of the most accomplished attorneys in practice today.

In Trump v. Vance, CAREY won the most consequential Supreme Court victory for the rule of law – and against authoritarianism – in a generation. After obtaining the former President’s tax records and leading an unprecedented investigation, CAREY and MARK secured authorization to pursue an indictment, and resigned their government posts when their grand jury presentation was shut down.

Now, Carey and Mark, together with leading trial lawyer MICHELE ROBERTS (former E.D., National Basketball Players Association; Partner, Skadden; Trial Division Chief, D.C. Public Defender Service) and Board Chair TALI FARHADIAN WEINSTEIN (former Counsel, D.O.J.; General Counsel, Brooklyn D.A.; Ass’t U.S. Attorney, E.D.N.Y), are bringing their experience at the highest levels of law, and their unique credibility before today’s courts, to fight for our democracy in crisis.

FREE AND FAIR’s full founding team and Board of Directors are listed at freeandfairlitigation.org.

HOW:

FREE AND FAIR will bring and defend up to ten constitutional law cases at a time, based on their national significance, centrality to core democratic principles, and potential to halt the “originalist” judicial assault on our rights. The firm will remain small, focused, and selective – with none of the politics, conflicts, and bureaucracy that constrain larger firms and non-profits.

FREE AND FAIR will work pro bono, without charge to its clients, and its founding principals will not be paid. The firm will handle some cases independently, and in others will provide senior leadership in partnership with for-profit law firms and larger non-profit organizations. This is the firm’s only work – it will not participate in public advocacy, lobbying, research, or the kind of incremental or partisan cases at which other firms and non-profits excel.

WHAT:
FREE AND FAIR selects cases based on their potential to create new, nationally significant case law that protects our democracy and fundamental rights. Matters in development include:

  • Gun safety: The firm is representing four Colorado cities in one of the first lawsuits to test whether localities can still outlaw assault weapons within their borders after the Supreme Court’s sweeping, pro-Second Amendment opinion in NYRSRPA v. Bruen. Observers expect the case to reach the Supreme Court.
  • Voting rights: Direct challenges to our core democratic process are unfolding across the country, from the Independent State Legislature doctrine, to armed voter intimidation campaigns, to the criminalization of ordinary voting behavior. The firm is currently developing a case under the Voting Rights Act against a State whose “election police” made systematic, wrongful arrests of voters of color.
  • Book and diversity training bans: A new wave of nationally-coordinated, authoritarian bans against literary works and discussions of identity have yielded 2,500 book bans across 138 school districts in 32 states, according to PEN America, in addition to statewide bans against diversity training in private workplaces. The firm is working with partners to develop a case that would strike down a high-profile, statewide ban, and develop badly-needed First Amendment case law to halt this growing movement.
  • Accountability for January 6: Individuals who led and participated in the attempted coup have announced plans to run in 2024, even though the Constitution expressly prohibits people who “have engaged in insurrection” from holding federal office. The firm is in discussions with experts and a top-tier law firm to prepare lawsuits to enforce this provision, and have insurrectionists removed from the ballot, as the election cycle unfolds.

    • SUPPORT:

    FREE AND FAIR has been recognized by the IRS as a 501c3 organization, and contributions are fully tax deductible. The firm is raising funds to recruit between five and seven top litigators and a lean administrative team. FREE AND FAIR has already raised more than $1.6 million. Contributions can be made at freeandfairlitigation.org.

    CONTACT: DANNY FROST / [email protected] / 646-434-8604