The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
The Mayflower Extract
Wrapping up the NLC and trying to get home after a groundstop.
The 2026 Federalist Society Convention is a wrap. I have attended every NLC since I was a 1L in 2006 (except for the cancelled COVID year). At each convention, the focus is a bit different but the overall takeaway is similar. There is a healthy a mix of timeless topics and topical topics, with an infusion of the political landscape of the day. It is very hard to capture the essence of a convention by watching some or even all of the panels, as so much business transpires in the hallways and at the bars.
I think much of the press coverage failed in attempt to to consolidate a very broad movement into a few paragraphs. For example, CNN blared "After blue wave, Federalist Society is ready to move on from Trump." Really? Secretary of State Marco Rubio delivered the Olson Lecture, White House Counsel Will Scharf had a fireside chat, White House Advisor May Mailman discussed over-regulation, and Gene Hamilton favored restrictive immigration policy on behalf of America First Legal Foundation. Plus there were other members of the administration from the EPA and OLP.
I think there are a range of opinions about how the conservative legal movement should respond to the current political situation. I don't think anyone actually knows exactly what to do. The midterm election, of course, was the elephant in the room. I offered my take here. A lot can happen over the next two years.
I'm flummoxed by the uproar about the commemorative coins celebrating Calais, Slaughter, and other decision. These were in fact generational wins at the Supreme Court. Justice Scalia established overruling Humphrey's Executor as a founding principle of FedSoc. Since the 1980s, conservatives--including John Roberts--have seen the Voting Rights Act as violating the Constitution. And West Virginia v. B.P.J. was such an obvious outcome--except perhaps at CNN. Plus, this was the swaggiest NLC I've ever been to. There was an entire room to pick up FedSoc swag. The coins were a nice touch.
Perhaps the biggest disruption at the convention was the groundstop. My flight home Saturday evening was cancelled, as were many others. I was able to get a room at the Mayflower for another day. Fortunately, one of the few remaining perks of United status is priority rebooking during "irregular operations." I was originally scheduled to fly home Sunday evening around 7:30 p.m. The United App has a new feature that lets you be on standby for up to three flights at once without losing your confirmed seat. United will send you a text notifying you that a seat opened up on an earlier flight, and you have twenty minutes to accept it. I was able to jump from the 7:30 p.m. flight to the 12:50 p.m. flight. A few hours later, I was given a chance to jump from the 12:50 p.m. flight to the 10:58 a.m. flight. For both of these flights, I was number one on the standby list. Around 5:00 a.m., I was offered the chance to move to the 8:20 a.m. flight, but I was sleeping and missed the window. The system worked very well. And without my status, I doubt I would have been able to get the earlier flight. As things turned out, the 12:50 p.m. flight was cancelled. I will get home today.
