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FedSoc Forums — Business
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:

Litigation Update: Hile v. Michigan Jul 23, 2024

Show notes

Join us for a webinar featuring Manhattan Institute fellow Tim Rosenberger, who will delve into the landmark case of Hile v. Michigan. On November 6th, 2023, the Sixth Circuit upheld Michigan's Blaine Amendment, which bars public financial support for parochial and other nonpublic schools, raising significant questions about religious discrimination and equal protection under the law. The plaintiffs filed a petition of certiorari with the U.S. Supreme Court, arguing that these so-called "neutral" amendments often mask deep-seated biases, as evidenced by Michigan's historical animosity towards Catholic schools.
Learn about the broader implications for religious freedom, the precedent set by recent Supreme Court decisions, and the potential ripple effects across other states with similar provisions. Don’t miss this opportunity to understand the constitutional arguments and engage in a pivotal discussion on the future of educational rights and religious liberties in America.
Featuring:
Tim Rosenberger, Fellow, Manhattan Institute

FTC’s Interim Pharmacy Benefit Manager Report - Assessing Vigor Jul 18, 2024

Show notes

On July 9th, the Federal Trade Commission released a Staff Interim Report on the Pharmacy Benefit Manager Industry. This panel will discuss the state of the PBM marketplace, the staff’s key findings, Commission statements surrounding the Report, and how this Report compares to earlier FTC market studies.
Featuring:
Rani Habash, Partner, Dechert
Dan Gilman, Senior Scholar, Competition Policy, International Center for Law & Economics, Former Attorney Advisor, FTC Office of Policy Planning
Professor Mike Shor, University of Connecticut, Department of Economics
Moderator: Derek W. Moore, Counsel, Rule Garza Howley, Former Attorney Advisor, FTC Office of Policy Planning
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To register, click the link above.

Courthouse Steps Decision: Ohio v. EPA Jul 18, 2024

Show notes

In October of 2015, the Environmental Protection Agency (EPA) announced new standards for air quality, some of which had to do with air pollution which is carried across state borders, from “upwind” states to “downwind” states. The EPA required these states to submit plans of implementation but then rejected 21 of those plans as insufficient, instead publishing a federal plan which would enforce certain more stringent ozone pollution controls. This prompted several states and companies to challenge the rule and request a temporary block to its implementation, claiming the controls could lead to power grid emergencies. The EPA and its supporters claim, however, that a stay to the rule could critically affect public health and air quality. The Supreme Court did not speak to those issues, however, but instead stayed the rule after finding a likelihood of success on the claim that the rulemaking was arbitrary and capricious.
Ohio v. EPA was argued before the Supreme Court in February and its 5-4 decision was issued this June. The Court ordered that the EPA’s enforcement of their implementation plan be stayed pending the ongoing D.C. circuit merits litigation and the disposition of the applicants’ petition for writ of certiorari.
Join Mathura Sridharan, Deputy Solicitor General of Ohio, for a discussion of the facts of the case and the possible future implications of its decision.
Featuring:
Mathura Sridharan, Deputy Solicitor General of Ohio
Moderator: Justin Schwab, Founder, CGCN Law, PLLC

What’s Happening with Apprenticeship? – Recent Regulatory and Subregulatory Actions Jul 18, 2024

Show notes

Apprenticeship has been a significant focus of the Biden administration, and previously the Trump administration, with each taking markedly different approaches. The Trump Administration expanded apprenticeship through regulations making programs easier to establish through industry-recognized apprenticeship programs. The Biden administration rescinded these regulations and is now proceeding with its own proposed rule focused on registered apprenticeship programs.
In this webinar, a panel of experts will compare the two approaches. The panel will also provide insights on the pending apprenticeship rulemaking, including new potential regulatory requirements in the DEI area. The panel will also discuss the heavy reliance on a combination of regulatory and subregulatory guidance in the apprenticeship area, including in implementing green energy tax credits under the Inflation Reduction Act, and how this may be impacted by the recent Loper Bright and Relentless decisions ending Chevron deference.
Featuring:
Ryan Craig, Managing Director, Achieve Partners
Prof. Aram A. Gavoor, Associate Dean for Academic Affairs and Professorial Lecturer in Law, The George Washington University Law School
Hon. John Pallasch, Founder and CEO, One Workforce Solutions
Hon. Jonathan Skrmetti, Attorney General of Tennessee
(Moderator) Craig Leen, Craig E. Leen, Partner, K&L Gates, and Former OFCCP Director

Courthouse Steps Decision: SEC v. Jarkesy Jul 16, 2024

Show notes

On June 27, 2024, the U.S. Supreme Court issued their opinion in SEC v. Jarkesy. The following three questions were presented in this case – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; (3) Whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.
The Court held, in a 6-3 decision, that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.
Please join us in discussing the decision and its future implications.
Featuring:
Devin Watkins, Attorney, Competitive Enterprise Institute
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To register, click the link above.

Courthouse Steps Decision: Moyle v. United States Jul 12, 2024

Show notes

Following the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, the Biden administration filed a lawsuit in a federal district court in Idaho, arguing that the Emergency Medical Treatment and Labor Act (EMTALA) preempts a state law that restricts abortion in all but limited circumstances. The district court sided with the Biden administration and issued a preliminary injunction on Idaho’s law. On June 27th, 2024, the Supreme Court (6-3) dismissed the writ of certiorari as improvidently granted instead of determining the statutory interpretation question. It vacated its earlier stay of the district court’s preliminary injunction against Idaho’s abortion law.
Join Erin Hawley, Senior Counsel and Vice President of the Center for Life & Regulatory Practice at Alliance Defending Freedom, for a breakdown of this decision and its implications on the legal issues surrounding abortion in the post-Roe era.
Featuring:
Erin M. Hawley, Senior Counsel, Vice President of Center for Life & Regulatory Practice, Alliance Defending Freedom

Courthouse Steps Decision: Corner Post, Inc. v. Board of Governors of the Federal Reserve System Jul 09, 2024

Show notes

On July 1, 2024, the U.S. Supreme Court issued their opinion in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case asked whether a plaintiff’s Administrative Procedure Act (APA) claim “first accrues” under 28 U.S.C. § 2401(a)—the six-year default federal statute of limitations—when an agency issues a rule or when the rule first causes a plaintiff to “suffer legal wrong” or “be adversely affected or aggrieved,” 5 U.S.C. § 702.
Petitioner Corner Post is a North Dakota convenience store and truck stop that sought to challenge a 2011 Federal Reserve rule governing certain fees for debit card transactions. Corner Post didn’t open its doors until 2018 but the lower courts in this case held that its challenge is time barred because the statute of limitations ran in 2017—before Corner Post accepted its first debit card payment.
This 6-3 decision held that a claim under the APA does not accrue for purposes of the six-year statute of limitations until the plaintiff is injured by final agency action.
Please join us as we discuss the case and decision recently released by the Court.
Featuring:
Molly Nixon, Attorney, Pacific Legal Foundation
Moderator: Prof. John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law
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For more information, check out this blog post by Michael J. Showalter.
To register, click the link above.

Antitrust Law Down on the Farm: Farmers, Food Inflation, and a Fair Deal Jul 09, 2024

Show notes

The marked inflation of food pricing is apparent upon any trip to the grocery store. Can new regulations aimed at governing the relationship between farmers and the corporations to which they sell their livestock help bring food prices down while allowing farmers to earn more for their labor? The Biden Administration has issued four regulations that aim to (1) prohibit certain previously common contractual terms between farmers and the purchasers of their livestock, (2) allow farmers to use an antitrust statute to assert claims of racial and other types of discrimination, and (3) allow farmers in general to more easily sue meat processors with claims of unfair competition. Are these new regulations legally sound, and will they work to bring down food prices? Join Minnesota Congressman Brad Finstad, Farm Action's Joe Maxwell, and the North American Meat Institute's Mark Dopp in a panel moderated by Judge Stephen Alexander Vaden as they debate these questions.
Featuring:
Mark Dopp, Chief Operating Officer and General Counsel, North American Meat Institute
U.S. Congressman Brad Finstad, (MN-01)
Joe Maxwell, President, Board of Directors, Farm Action
(Moderator) Hon. Stephen Alexander Vaden, Judge, United States Court of International Trade

Courthouse Steps Decision: NetChoice Cases Jul 08, 2024

Show notes

Two cases involving NetChoice, a company that represents social media giants like Facebook, Twitter, Google, and TikTok, were heard and decided by the Supreme Court this term. Both cases concern issues of free speech and social media platforms.
In Moody v. NetChoice, LLC, NetChoice challenged Florida law S.B. 7072, arguing it violates the social media companies’ right to free speech and that the law was preempted by federal law. In NetChoice, LLC v. Paxton, NetChoice challenged the constitutionality of two sections of Texas law HB 20 (sections 7 and 2) that aims to regulate the content restrictions of large social media platforms. While the U.S. Court of Appeals for the Eleventh Circuit ruled against Florida, the Fifth Circuit ruled in favor of Texas, creating a Circuit split. In light of that split the Supreme Court granted cert and heard oral argument in both cases on February 26, 2024. On July 1, 2024, a 9-0 court released its decision vacating both judgments based on a lack of "proper analysis of the facial First Amendment challenges" and remanding them for reconsideration.
Join us for a Courthouse Steps Decision program, where we will analyze this decision and its possible ramifications.
Featuring:
Allison R. Hayward, Independent Analyst

Courthouse Steps Decision: Fischer v. United States Jul 03, 2024

Show notes

Fischer v. United States concerned whether to prove a violation of 18 U.S.C. § 1512(c)(2) — a provision of the Sarbanes-Oxley Act — the government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.
Petitioners in the case were Joseph Fischer, Edward Lang, and Garret Miller, who were involved with the events of January 6, 2021, at the U.S. Capitol. Based on their actions that day they were charged with a variety of charges including one count of Obstruction of an Official Proceeding under 18 U.S.C. §1512(c)(2). Appellees did not contest the other charges but moved to dismiss the charge mentioned above, arguing §1512 (c) is ambiguous concerning (c)(2) and (c)(1). The district court agreed. Upon appeal, the D.C. Court of Appeals reversed the lower court’s decision. The Supreme Court granted cert and heard oral arguments on April 16, 2024. A 6-3 Court, with Chief Justice Roberts writing for the majority, released its opinion on June 28, 2024. Justice Jackson filed a concurring opinion and Justice Barrett filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
Join us for a Courthouse Steps Decision program, where we will analyze this decision and its possible ramifications.
Featuring:
Theodore Cooperstein, Appellate Counsel, Theodore Cooperstein PLLC

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