The defendants filed separate, although similar, motions to dismiss. Lead counsel for National Review, Steptoe & Johnson partner Shannen Coffin, said they were "considering our options." Sam Kazman, general counsel for the Competitive Enterprise Institute, said an appeal was a "strong possibility." The organization is being represented by Baker & Hostetler; litigation partner David Rivkin Jr., declined to comment.
Fred Smith is the animating spirit at the Competitive Enterprise Institute. Fred conceived of the idea for an organization that would, in his words, “find a more positive answer to the challenge Joseph Schumpeter laid down in his essay, “Can Capitalism Survive?” He founded the organization and served as president for nearly three decades.
He died at the age of 83 at home in Maryland where he is survived by his beloved wife Fran. Fred was a friend and mentor, an advocate and ally, and an inspiration. His bright light lives on in our work.
Fred Lee Smith
December 26, 1940 – November 23, 2024