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Panel II: A World Without Chevron? Mar 06, 2019

Show notes

On February 6, 2019, the Federalist Society's Article I Initiative and the Georgetown Student Chapter co-sponsored the first Legislative Branch Review Conference. The second panel speculated on "A World Without Chevron?"
Chevron has come under fire as of late, and the confirmation of Justice Kavanaugh has tipped off a new round of speculation as to how the Court might narrow, or even eliminate, the doctrine. But is a world without Chevron desirable? If courts do not defer to agency interpretations of truly ambiguous statutes, should courts decide de novo what they think such ambiguous laws mean? Are there viable alternatives?
Featuring:
Mr. Mark Chenoweth, Executive Director and General Counsel, New Civil Liberties Alliance
Mr. David D. Doniger, Director, Climate & Clean Air Program, Natural Resources Defense Council
Prof. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School
Prof. David S. Schoenbrod, Trustee Professor of Law, New York Law School
Moderator: Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law School
Introduction: Joel Nolette, Litigation Associate, Mintz Levin
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Panel I: Can the Other Branches Help Restore Congress? Mar 06, 2019

Show notes

On February 6, 2019, the Federalist Society's Article I Initiative and the Georgetown Student Chapter co-sponsored the first Legislative Branch Review Conference. The first panel asked "Can the Other Branches Help Restore Congress?"
Madison famously asserted that “ambition must be made to counteract ambition,” but how would he advise the current federal government Branches in support of the separation of powers? Are there opportunities for each Branch to encourage or even compel Congress to shoulder the constitutional responsibilities that are central to the Legislative Branch's nature and purpose? How can we effectively address this important restoration work from both within and without?
Featuring:
David Hoppe, President, Hoppe Strategies
Prof. Sally Katzen, Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Dr. Philip Wallach, Senior Fellow, Governance, R Street
Hon. Peter J. Wallison, Senior Fellow and Arthur F. Burns Fellow in Financial Policy Studies, AEI
Moderator: Thomas G. Hungar, Partner, Gibson Dunn
Introduction: Nathan Kaczmarek, Director, Article I Initiative; Director, Regulatory Transparency Project
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Panel III: Bipartisanship and High Profile Congressional Oversight Mar 06, 2019

Show notes

On February 6, 2019, the Federalist Society's Article I Initiative and the Georgetown Student Chapter co-sponsored the first Legislative Branch Review Conference. The third panel discussed "Bipartisanship and High Profile Congressional Oversight."
At the outset, the 116th Congress promises many high profile and impactful investigations. However, the last several Congresses have not always maintained a civil, united, and fact-based oversight approach devoted to bipartisan purposes. Is there room for renewal? How can Congress do better?
Featuring:
Ms. Elise Bean, Washington Co-Director, Levin Center at Wayne Law
Mr. Stanley M. Brand, Senior Counsel, Akin Gump
Ms. Machalagh Carr, General Counsel & Parliamentarian (R), Committee on Ways and Means, U. S. House of Representatives
Mr. Jon Skladany, Chief Counsel for Oversight (R), Committee on Financial Services, U.S. House of Representatives
Moderator: Mr. Justin Rood, Director of the Congressional Oversight Initiative, The Project On Government Oversight
Introduction: Nathan Kaczmarek, Director, Article I Initiative; Director, Regulatory Transparency Project
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Session I: Stare Decisis and Precedent Feb 25, 2019

Show notes

On February 1-2, 2019, the Federalist Society held its annual Florida Chapters Conference in Lake Buena Vista, Florida. The first session discussed "Stare Decisis and Precedent".
As always, the Federalist Society takes no particular legal or public policy position. All opinions expressed are those of the speakers.
Welcome and Opening Remarks:
Michelle Suskauer, President, The Florida Bar
Introduction: Daniel Woodring, Principal Attorney, Woodring Law Firm
Panelists:
W. Neil Eggleston, Partner, Kirkland & Ellis
Prof. Randy J. Kozel, Associate Dean for Faculty Development, University of Notre Dame Law School
Richard H. Levenstein, Shareholder, Nason Yeager
Prof. Stephen E. Sachs, Professor of Law, Duke University School of Law
Moderator: Hon. Gregory G. Katsas, U.S. Court of Appeals, District of Columbia Circuit

Florida Chapters Banquet Feb 25, 2019

Show notes

On February 1-2, 2019, the Federalist Society held its annual Florida Chapters Conference in Lake Buena Vista, Florida. The Florida Chapters Banquet featured keynote speeches from Governor Ron DeSantis and Attorney General Ashley Moody.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Speakers:
Introduction: Amit Agarwal, Solicitor General, Florida
Hon. Ashley Moody, Attorney General, Florida
Introduction: Joseph W. Jacquot, General Counsel, Governor of Florida
Hon. Ron DeSantis, Governor, Florida

Panel Three: Post-Janus Labor & Employment Law Issues in the State and Future of Unions Feb 19, 2019

Show notes

How will the Janus decision affect the ability of unions to wield political power and what impact will the potential loss of some union power have on local and state policies? Will local and state governments look to pass more minimum wage and other worker regulations to compensate for the decreased power of unions? Will more voter referenda (like one recently passed in Missouri) to override right-to-work laws be used as a tactic to roll back other reforms?
Featuring:
Steven Greenhut, Western Region Director, State Affairs, R Street Institute
William Messenger, Staff Attorney, National Right to Work Legal Defense and Education Foundation, Inc.
Hon. Chuck Reed, Hopkins & Carley and former Mayor, San Jose, 2007-14
Moderator: Hon. Ryan Nelson, U.S. Court of Appeals, 9th Circuit
Introduction: Carol Matheis, President, Orange County Lawyers Chapter

Lunch Address by Don McGahn Feb 19, 2019

Show notes

On January 26, 2019, the Federalist Society hosted the annual Western Chapters Conference at the Ronald Reagan Presidential Library in Simi Valley, CA. Former White House Counsel Don McGahn offered the keynote address.
Featuring:
Don McGahn, Former White House Counsel
Introduction: Leonard A. Leo, Executive Vice President, The Federalist Society

Panel Two: What are the Limits of Local Control? Feb 19, 2019

Show notes

When is it appropriate for states and cities to contradict or ignore federal law? Do states really possess "plenary power"? What are the limits of local police powers? With the rise of state marijuana legalization and "sanctuary cities," are we facing a nullification crisis, or are the local governments properly shielding people from Washington's overreach? Does the federal government have a role in protecting city residents when a city violates their federal constitutional rights? This panel will explore the balance of power among federal, state, and local governments, with an emphasis on key state and federal court cases.
Featuring:
Prof. John Eastman, Henry Salvatori Professor of Law & Community Service, Fowler School of Law, Chapman University & Senior Fellow at the Claremont Institute
Prof. Pratheepan Gulasekaram, Santa Clara University School of Law
Prof. John Yoo, Emanuel Heller Professor of Law and Director, California Constitution Center, Berkeley Law, University of California
Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals, Ninth Circuit
Introduction: Ashlee Titus, President, Sacramento Lawyers Chapter

Panel One: Debate on Nationwide Injunctions Feb 19, 2019

Show notes

What is the proper role of state attorneys general and the courts in litigation in seeking to nullify federal law? Panelists will discuss the difference in approach between Texas during the Obama administration and other state's efforts during the Trump administration with a particular emphasis on the role of state AGs and the role of the courts in issuing nationwide injunctions. Are nationwide injunctions "legally and historically dubious," as Justice Thomas has described them?
Featuring:
Scott Keller, Baker Botts & Former Solicitor General, Texas
Prof. Michael Morley, Assistant Professor, Florida State University College of Law
Jordan Smith, Former Deputy Solicitor General of Nevada
Moderator: Hon. Allison Eid, U.S. Court of Appeals, 10th Circuit
Introduction and Welcome: Lisa Ezell, Vice President & Director, Lawyers Chapters, The Federalist Society

The Role of the Bar in Selecting Iowa's Judges Feb 19, 2019

Show notes

On February 7, 2019, The Federalist Society hosted a panel discussing the role of the bar in selecting Iowa's judges.
Tom Levis is the President of the Iowa State Bar Association, and serves as an elected member of the Judicial Election District 5C Judicial Nominating Commission. He is a shareholder at the Brick Gentry law firm in Des Moines and has been an active member and leader of the Polk County and Iowa State Bar Associations. Professor Brian Fitzpatrick is a national expert on judicial selection. Prior to joining the faculty of the Vanderbilt University Law School, he practiced at Sidley Austin in Washington, D.C., served as a Special Counsel for Supreme Court Nominations for Senator John Cornyn, and clerked for Justice Scalia at the U.S. Supreme Court.
Featuring:
Prof. Brian T. Fitzpatrick, Professor of Law, Vanderbilt University Law School
Tom Levis, President, Iowa State Bar Association
Introduction: Ryan G. Koopmans, Iowa Lawyers Chapter

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