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FedSoc Forums

*This series was formerly known as Teleforums.

FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as:

Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decision

A Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sitting

Litigation Update: A series that provides the latest updates in important ongoing cases from all levels of government

The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Latest Episodes:

A Hemisphere at Stake: China, Cartels, and the Path Forward for U.S. Policy Jan 30, 2025

Show notes

As China deepens its presence in Latin America by owning nearly 40 ports—including a new mega port in Peru—and establishing intelligence posts in Cuba, U.S. policymakers face growing concerns over regional influence. Twenty-two Latin American countries have joined China's Belt and Road Initiative, amplifying Beijing's strategic foothold. Meanwhile, security threats persist closer to home, with cartel-driven predation undermining economic stability and enabling sophisticated cross-border operations, including the construction of tunnels linking Mexico to Texas and Arizona.
External pressures and internal instability present unique challenges for Latin American nations committed to democracy and capitalism. The United States must determine how best to support leaders seeking partnership while advancing shared interests. This panel will explore the nuanced historical considerations surrounding issues like the Panama Canal, the rise of cartels as major economic forces, and the effectiveness of prosperity zone initiatives.
As the new Trump Administration navigates these urgent regional dynamics, panelists will examine pressing U.S. interests and discuss strategies to strengthen alliances, counter malign influence, and promote regional stability.
Featuring:
Dr. Ryan C. Berg, Director, Americas Program, Center for Strategic and International Studies
Joseph M. Humire, Executive Director, Center for Secure Free Society
Moderator: Erick A. Brimen, CEO & Chairman of the Board, NeWay Capital and Próspera

The Nondelegation Doctrine’s Next Good Year? Jan 30, 2025

Show notes

The Supreme Court is set to hear argument this term in a case raising both the nondelegation and private nondelegation doctrines.
On July 24, 2024, the en banc Fifth Circuit Court of Appeals ruled that the federal Universal Service Fund (“USF”), which funds broadband service for rural areas and hospitals, schools, libraries, and low-income individuals, is an unconstitutional delegation of Congress’s legislative authority. In the Communications Act, Congress directed the Federal Communications Commission (“FCC”) to collect contributions, or payments, from certain providers of telecommunications. The FCC employs the private Universal Service Administrative Company (“USAC”) to administer certain aspects of USF, including calculating the contribution factor based on the needs of each program established by the FCC pursuant to the Communications Act.
The Sixth and Eleventh Circuit Courts of Appeals, as well as a panel of the Fifth Circuit, had previously upheld the constitutionality of the delegation of authority. And the FCC defended the Act against delegation challenges. It argued that the Communication Act provides an intelligible principle by which USF is to be administered and that USAC plays only a ministerial role.
But the July en banc ruling by the Fifth Circuit held this regulatory revenue-raising program unconstitutional. It acknowledged “grave” concerns that the Act may have unconstitutionally delegated the taxing power to the FCC to impose a contribution amount, or tax, on America’s telecommunications carriers, and ultimately paid by consumers. Then it similarly concluded there were serious constitutional concerns about the FCC’s subdelegation to private parties, most notably USAC’s role in determining the contribution amount that will be charged to telecommunications carriers. The Court’s ultimate holding, however, was that the combination of these delegations violated the nondelegation doctrine.
A petition for certiorari was granted on November 22, 2024. This roundtable will discuss this case and the broader legal issues it raises, including (1) is there a nondelegation doctrine?, (2) if there is, what should it look like?, and (3) how should the Supreme Court decide this case in light of the above discussion on the nondelegation doctrine.
Featuring:
Sean Lev, Partner, HWG LLP
Trent McCotter, Partner, Boyden Grey PLLC
Prof. Nicholas Parrillo, William K. Townsend Professor of Law and Professor of History, Yale Law School
Prof. Alexander Volokh, Associate Professor of Law, Emory Law
Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
Moderator: Adam Griffin, Attorney, Pacific Legal Foundation
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To register, click the link above.

Courthouse Steps Decision: E.M.D. Sales, Inc. v. Carrera Jan 27, 2025

Show notes

E.M.D. Sales, Inc. v. Carrera concerns what standard of evidence the court should apply in cases of exceptions to the Fair Labor Standards Act. The District Court decided that E.M.D. was liable for some employee overtime because it did not prove by clear and convincing evidence that its sales representatives were outside salesmen. Therefore, they were not exempt from normal overtime rules. The Fourth Circut agreed, affirming the use of the clear-and-convincing evidence standard.
On January 15th, 2025, the Supreme Court, in a 9-0 decision, reversed the Fourth Circut’s decision and remanded the case. In an opinion by Justice Kavanaugh, it held that the preponderance-of-the-evidence standard applies when an employer seeks to show that an employee is exempt from the minimum wage and overtime pay provisions of the Fair Labor Standards Act.
Featuring:
Michael J. O'Neill, Vice President of Legal Affairs, Landmark Legal Foundation

Courthouse Steps Oral Argument: Barnes v. Felix Jan 24, 2025

Show notes

In Barnes v. Felix the Supreme Court is set to address a circuit split concerning the context courts should consider when evaluating an excessive force claim brought under the Fourth Amendment.
Is the correct rubric the "moment of threat" doctrine (which was applied by the Fifth Circuit here and has been adopted by several other circuits including the Second, Fourth, and Eighth), which considers only whether there was imminent danger creating a reasonable fear for one's life in the immediate moment(s) preceding the use of force? Alternately, should a court consider the "totality of circumstances" (along the lines of the precedent of the First, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits) when assessing if it was a justified use of force?
Join us for a Courthouse Steps program where we will break down and analyze how oral argument went before the Court.
Featuring:
Matthew P. Cavedon, Robert Pool Fellow in Law and Religion, Emory University School of Law

The Ethics and Impact of True Crime Podcasting Jan 24, 2025

Show notes

How should podcasters talk about crime in a way that informs the public while respecting the legal process and the rights of everyone involved? This question has taken on unprecedented importance now that anyone can become a citizen journalist by using nothing more expensive than a computer and cellphone. Join us for a conversation exploring the issue with two veteran true crime podcasters, moderated by a scholar of criminal law.
Featuring:
Alice Shih LaCour, Partner, Hilgers Graben PLLC; Co-Host, The Prosecutors Podcast
David Oscar Markus, Partner, Markus/Moss LLP; Host, For the Defense Podcast
(Moderator) Matthew P. Cavedon, Robert Pool Fellow in Law and Religion, Emory University School of Law

U.S. Out of Africa? Then What? Jan 23, 2025

Show notes

Last month, the last American troops left Niger, following withdrawal of U.S. troops in Chad last spring and from Somalia in 2021. Talks are underway for revived U.S. presence in Chad, as happened in Somalia in 2022, but there seems to be a larger trend toward disengagement. Does this foretell enhanced Chinese influence? A greater role for Russian intrigues? Or a larger role for terrorist networks? Join us for a discussion of the geostrategic stakes.
Featuring:
Cameron Hudson, Senior Fellow, Africa Program, CSIS
Prof. Thomas Lee, Leitner Family Professor of International Law; Director of Graduate and International Studies, Fordham University School of Law
Dr. Michael Rubin, Senior Fellow, AEI
Moderator: Prof. Jeremy Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University

New Voices in Civil Rights: How Universities are Responding to SFFA Jan 17, 2025

Show notes

Institutions of higher education released demographic data for their first classes admitted after the Supreme Court's landmark decision Students for Fair Admissions v. President and Fellows of Harvard College held that the Constitution prohibits the use of race as a "bonus" in admissions decisions. The demographic data reflect a variety of admissions policy changes. Four new voices in civil rights law--all recent law school graduates--will summarize trends in post-Fair Admissions admissions policies and data to explain how institutions of higher education responded to the Fair Admissions decision.
Featuring:
Peter Abernathy, Judicial Law Clerk, 31st Circuit Court of Virginia
Samuel Gellen, Honor Law Graduate Attorney, U.S. Nuclear Regulatory Commission
Leo O'Malley, Judicial Law Clerk, U.S. District Court for the Eastern District of Texas
Anthony Pericolo, Associate, Desmarais LLP
(Moderator) Devon Westhill, President and General Counsel, Center for Equal Opportunity

Courthouse Steps Decision: TikTok, Inc. v. Garland Jan 17, 2025

Show notes

In TikTok, Inc. v. Garland, the Court was asked to consider whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment. The PAFACA requires that TikTok either cease operations in the United States or have its parent company ByteDance sell off the American segment of the company by January 19, 2025. Petitioners challenged the law as unconstitutionally abridging their freedom of speech, and after a lower court decision upholding the law, the Supreme Court granted cert on December 18, 2024.
Oral Argument was heard on January 10, 2025, and a decision came out on January 17, 2025.
Join us for a Courthouse Steps Decision program where we analyze the decision and likely effects.
Featuring:
Darpana Sheth Nunziata, Public Interest Litigator

The Perils and Promise of A.I. in Criminal Justice Jan 16, 2025

Show notes

Our liberty, safety, and prosperity are based on the rule of law, not the rule of man or machine. However, given that the criminal justice system suffers from many efficiencies and errors, could artificial intelligence aid the efforts of police, prosecutors, and other actors tasked with protecting public safety with limited resources? Given the power of A.I. technologies to find proverbial needles in haystacks and identify patterns that would otherwise be overlooked, it is not surprising that some criminal justice agencies are already deploying these tools. How can we harness the potential benefits while also ensuring that our liberty and privacy are not compromised? This discussion will feature experts in both the law and technology to help us sort though these questions and identify policies and practices that promote innovation while ensuring constitutional rights are protected.
Featuring:
Michael R. Holley, First Assistant District Attorney, Montgomery County District Attorney’s Office, Conroe Texas
Patrick Robinson, Owner, VSV Leadership
Jesse Rothman, Senior Fellow, Council on Criminal Justice
Hon. Scott U. Schlegel, Judge, Fifth Circuit Court of Appeal, State of Louisiana
(Moderator) Marc Levin, Chief Policy Counsel, Council on Criminal Justice; Senior Advisor, Right on Crime
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Courthouse Steps Oral Argument: Free Speech Coalition, Inc. v. Paxton Jan 16, 2025

Show notes

Free Speech Coalition, Inc. v. Paxton concerns Texas Law H.B. 1181, and what precedent should apply in considering its impact on free speech.
Passed in 2023, the law requires commercial entities, including social media platforms, "that knowingly and intentionally publish or distribute material on an Internet website... more than one-third of which is sexual material harmful to minors" to age-gate their content, and to verify the age of their users, ensuring they are 18 years of age or older.
Soon after the law passed, plaintiffs, including the Free Speech Coalition, "a trade association for the adult industry", sued, claiming the law violated their right to free speech. Drawing on a line of cases including Ashcroft v. ACLU (2004), the plaintiffs argued that since the law impacted constitutionally protected speech, strict scrutiny should be applied and the TX law failed that test. In reviewing the case, the Fifth Circuit denied that argument, instead applying a rational basis test, drawing from the precedent of Ginsburg v. New York (1968).
Thus, the Supreme Court is set to consider a relatively narrow question: whether the court of appeals erred as a matter of law in applying rational-basis review, instead of strict scrutiny, to a law burdening adults’ access to protected speech.
Join us for a Courthouse Steps program following oral argument on January 15, 2025, where we break down and analyze how arguments went before the Court.
Featuring:
Erik S. Jaffe, Partner, Schaerr | Jaffe LLP

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