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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:

The Antiquities Act: A Tool for Conservation, or a Law Without Limit? Oct 29, 2024

Show notes

In 1906, Congress passed the Antiquities Act, which gives the President the authority to set aside federal land to protect "objects of historic or scientific interest." Presidents have since used the Act in increasingly broad ways, setting aside millions and millions of acres to protect broader arrays of "objects." Recently, President Biden set aside 3 million acres in Utah to protect a collection of such objects -- among them: landscapes, regions, ecosystems, habitats, and animals.
Following these designations, both the State of Utah and a collection of individual plaintiffs sued, arguing that the President's actions violated the Antiquities Act. The Tenth Circuit recently heard arguments on the case, which concerns not only the meaning of the Antiquities Act, but also whether such presidential action is reviewable by the federal courts in the first place. This challenge ultimately tees up a question that Chief Justice Roberts asked in a separate writing a few years ago: Whether the Antiquities Act really is as broad as it has been applied, or whether it is time for the federal courts to start reimposing its limits?
Featuring:
Harry Graver, Associate, Jones Day
Prof. Sam Kalen, Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law
Moderator: Jeff Beelaert, Partner, Stein Mitchell
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To register, click the link above.

What Does "New" Mean? Agency Action Post-Chevron Oct 29, 2024

Show notes

Last term, the Supreme Court handed down its ruling in Loper Bright Enterprises v. Raimondo. This watershed ruling included the notable line, “Chevron is overruled.” The federal judiciary is now to review agencies’ interpretations of statutes that are “silent or ambiguous” without affording an agency deference.
This decision is already affecting administrative law and the review of agency rulemaking. It is being widely cited by both litigants and courts. For example, in U.S. Sugar Corp. v. EPA, the D.C. Circuit recently held that the EPA misinterpreted the term “new” when it classified certain sources of hazardous air pollutants as “new” rather than “existing.” EPA’s determination to make those “existing” sources accountable for the rule’s stricter regulations for “new” sources was vacated.
Join us for a discussion of how Loper Bright has already impacted this and other agency actions, and what else we might expect in a post-Chevron world.
Featuring:
Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
Prof. Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School
Prof. Rob Percival, Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Moderator: Jonathan Brightbill, Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
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To register, click the link above.

Textualism and Patent Statutory Law – Patent Eligibility, ODP, and Upcoming Patent Reform in Congress Oct 29, 2024

Show notes

When it comes to patent eligibility and statutory construction, does “any” really mean “any?” In the courts, is it permissible to limit statutorily-authorized patent term adjustment based on a doctrine that has no basis in statute? The debate surrounding these issues has only gotten livelier with recent Federal Circuit decisions and a bi-partisan patent eligibility bill working its way through Congress. With this backdrop, please join us for an exciting discussion about whether patent law has run afoul of the basic precepts of textualism and statutory construction, and what, if anything, should be done about it.
Featuring:
Matthew Dowd, Founder and Partner, Dowd Scheffel PLLC
Sherry Knowles, Principal, Knowles Intellectual Property Strategies
Gene Quinn, President & CEO, IPWatchdog, Inc.
Prof. Josh Sarnoff, Professor of Law, DePaul University College of Law
Moderator: John Rogitz, Managing Attorney, Rogitz & Associates
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To register, click the link above.

Religious Liberty and the Court: Looking Ahead to the 2024-2025 Term Oct 24, 2024

Show notes

The Federalist Society is proud to host Mark Rienzi, President of the Becket Fund and Professor of Law at the Catholic University of America, for this year’s annual discussion of Religious Liberty at the Court. This webinar will be moderated by William Saunders, Professor and Co-director of the Center for Religious Liberty at Catholic University of America. Please join us for this latest installment which will look at recent developments in religious liberty litigation and ahead to the Supreme Court’s October term.
Featuring:
Prof. Mark L. Rienzi, President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
(Moderator) Prof. William L. Saunders, Director of the Program in Human Rights, Catholic University of America

Courthouse Steps Oral Argument: Garland v. VanDerStok Oct 23, 2024

Show notes

Garland v. VanDerStok concerns whether the ATF's 2022 update to its regulations under the Gun Control Act of 1968, which clarified that federal law requirements that apply to the manufacture and sale of standard firearms also apply to "ghost guns" --readily convertible weapons parts or receiver kits-- exceeds the mandate of the same. The ATF argues it simply clarified what had already been true in response to the notable rise in the use of ghost guns. The challengers, including both two individual gun owners and a gun advocacy organization, challenged the rule, alleging it exceeded the statutory authority granted to the ATF. The Court is now set to consider whether such kits constitute "firearms" and/or "frames or receivers" as regulated under the Act.
Oral argument was heard on October 8, 2024.
Join us for a Courthouse Steps Oral Argument program with litigating attorney Peter Patterson who argued on behalf of the respondents.
Featuring:
Peter A. Patterson, Partner, Cooper & Kirk

2024 Ron Rotunda Memorial Webinar: Profiles in Courage in the Legal Profession Oct 23, 2024

Show notes

Professor Ron Rotunda wrote seminal law books that are still used in law schools across the country and was the author of over 500 law review articles and other legal publications. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, by the U.S. Supreme Court and by foreign courts in Europe, Africa, Asia and South America. He was also a member of the Federalist Society’s Professional Responsibility & Legal Education Practice Group. Each year, the Practice Group holds an annual FedSoc Forum in his honor to discuss pressing issues and trends in legal culture.
Join us for the 2024 installment in that series, where Erin Murphy will join us for a conversation moderated by Prof. Josh Blackman on the importance of courage as a lawyer as well as the state of the legal profession more broadly.
Featuring:
Erin E. Murphy, Partner, Clement & Murphy PLLC
(Moderator) Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston

LNG Lawfare: "Pause," Permitting, & Policy for American Gas Exports Oct 16, 2024

Show notes

Liquefied natural gas (“LNG”) technology has enabled the United States to become the world’s largest exporter of natural gas in recent years, boosting our allies’ energy security and our own domestic economy and trade balance. Some estimates show that U.S. LNG export capacity will almost double over the next several years as facilities currently under construction come online. But LNG has met opposition from those concerned about its environmental impacts – including the Biden Administration, which announced a “pause” on approvals of LNG exports earlier this year.
The clash has made its way into the courts: In July 2024, a federal trial judge stayed the administration’s policy, and in August, the D.C. Circuit rescinded FERC’s previous authorization of two LNG projects on the Texas coast due to alleged deficiencies in its environmental analysis. Our panel of experts will discuss these recent policies and rulings, along with the broader implications of American LNG for energy security and international environmental efforts.
Featuring:
Gabriel Collins, Baker Botts Fellow in Energy & Environmental Regulatory Affairs, Baker Institute for Public Policy, Rice University
Spencer Churchill, Associate, Winston & Strawn LLP
Moderator: Daniel G. West, Director, SCF Partners

Insights on the National Spectrum Strategy Oct 16, 2024

Show notes

The National Telecommunications and Information Administration (NTIA) unveiled the National Spectrum Strategy in November 2023 with significant attention and has since introduced an implementation plan. This webinar will delve into potential implementation scenarios, expected outcomes, and how the upcoming presidential election might influence the strategy's execution.
Featuring:
Jennifer Warren, Vice President, Technology Policy & Regulation, Lockheed Martin Government Affairs
Hon. Robert McDowell, Partner, Cooley
Umair Javed, Acting Chief Counsel, Office of Acting FCC Chairwoman Jessica Rosenworcel
Moderator: John Kneuer, President and Founder, JKC Consulting LLC

Talks with Authors: The Indispensable Right Oct 16, 2024

Show notes

In his new book The Indispensable Right: Free Speech in an Age of Rage, Professor Jonathan Turley turns his attention to current attacks on free speech, analyzing them in the context of the historical, legal, and political traditions of free speech and the First Amendment which frame them. In so doing he discusses the interaction and role of government, academia, media, and others in creating the current climate surrounding speech which he finds troubling.
Join us as Prof. Turley and (moderator) Hon. Eileen O'Connor discuss these issues of free speech and the book itself.
Featuring:
Prof. Jonathan R. Turley, J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center; Executive Director, Project for Older Prisoners, The George Washington University Law School
(Moderator) Hon. Eileen J. O'Connor, Founder, Law Office of Eileen J. O'Connor PLLC

Fireside Chat with Gwendolyn Cooley Oct 10, 2024

Show notes

Please join us for a fireside chat with Gwendolyn Cooley, former Chair of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force (2021-2024) and former Wisconsin Assistant Attorney General (2005-2024). This candid conversation will cover how State Attoneys General work together across administrations, their work with Federal antitrust agencies, and more.
Gwendolyn J. Lindsay Cooley
Featuring:
Gwendolyn J. Lindsay Cooley, Former NAAG Antitrust Task Force Chair and Former Assistant Attorney General at Wisconsin Department of Justice
Moderator: Dina Kallay, Head of Antitrust and Competition Law, Ericsson
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To register, click the link above.

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