As the news continues to challenge our state and federal constitutions, I find myself encouraged by the work of ICAP — the Institute for Constitutional Advocacy and Protection. I recently had the honor of hearing from ICAP's executive director Mary McCord, a former federal prosecutor and former Assistant Attorney General at the US Department of Justice, and Neal Katyal, a leading appellate lawyer and professor of law at Georgetown University.
Below are my notes from a talk they gave at The Battery in San Francisco in October 2024, hosted by Elizabeth Gore, Founder and CEO of Hello Alice.
What ICAP Does
ICAP was founded in 2017 with a clear mission: defend democracy through the courts, grounded in the US Constitution and state law. Their team of ten lawyers works continuously on a range of issues including protection of democratic processes, civil rights, fighting poverty discrimination, protecting marginalized communities, and blocking the rise of paramilitary and militia groups.
Post-2016, they assembled what Mary described as a dream team — lawyers who fight for democracy at every level of the court system, up to the Supreme Court.
ICAP Leadership
Mary McCord
Former federal prosecutor and former Assistant Attorney General at the US DOJ, Mary brings a rare ability to understand and argue both sides of constitutional questions before any court.
Neal Katyal
One of the most accomplished appellate lawyers in the country, Neal has a long record of fighting injustice through the legal system. He successfully challenged the use of torture in detention centers, blocked the Muslim immigration bans as unconstitutional, and continues to argue landmark cases in front of the Supreme Court. He argued and won a case using state constitutional doctrine to block state legislators from attempting to control federal elections — a significant victory for judicial independence.
Key Threats to Democracy They're Fighting
Election integrity and certification
ICAP has worked to close legal gaps in the election certification process, including suing over the fake slate of electors submitted to the Capitol in 2016 and taking steps to prevent it from happening again.
Voter suppression and disinformation
They are actively fighting disinformation campaigns — including the false narrative that non-citizens are voting — and challenging court rulings that make the ballot-counting process unnecessarily difficult.
Militias and paramilitary groups
ICAP uses early American legal statutes that forbid private militia movements to challenge groups like the Proud Boys in court.
Presidential immunity and the expansion of executive power
Following Supreme Court decisions expanding presidential immunity for official acts, ICAP produces nonpartisan legal briefs that clarify what is and isn't lawful — building what they describe as a resilient legal foundation for accountability.
Why This Matters
The Founding Fathers built a system designed to withstand threats to the American people. ICAP's work is rooted in that foundation — the US Constitution and state law — and is nonpartisan by design. They respond immediately to any credible threat to democratic freedoms, civil rights, or election integrity.
ICAP operates as its own entity within Georgetown Law and survives entirely on donations. If their work resonates with you, I encourage you to learn more and support them at law.georgetown.edu/icap.
