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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:

Navigating Self-Defense and International Law in Gaza Nov 30, 2023

Show notes

This webinar will explore the complex legal and humanitarian aspects surrounding recent events in the Israel-Palestine conflict. Specifically, this program will feature a discussion of Israel’s military operation in the Gaza Strip, proportionality in armed conflict, and the right to self defense in international law. Following Hamas’s atrocities in Israel on October 7th, the Israeli Defense Forces (IDF) began warning residents of Gaza to evacuate southward in anticipation of a large-scale military operation. Now, more than a month into the conflict, the military operation is well underway, offering further dilemmas for consideration such as the scale of the IDF’s response, the international reaction to the conflict, and future control of the Gaza Strip.
Join our panel of National Security and Law of Armed Conflict experts for an educational discussion of these crucial legal considerations and more.
Featuring:
Prof. Jennifer Maddocks, Assistant Professor of Law, US Military Academy, West Point
Prof. Paul Stephan, John C. Jeffries, Jr., Distinguished Professor of Law, University of Virginia School of Law
Moderator: Prof. Jeremy Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University

Insights on the Supreme Court's New Ethics Guidelines Nov 30, 2023

Show notes

On November 13, 2023, the Supreme Court formally announced a Code of Conduct, a significant development encapsulated in a 14-page document outlining five canons of conduct. Addressing issues such as judicial recusal and permissible outside activities, the Code consolidates ethical rules guiding the Court's members. This webinar assembles a panel of Supreme Court and Legal Ethics experts to delve into the nuances of the Code, exploring surprises within its text and elucidating its implications for the Court's future.
The release of a Code coincides with the Professional Responsibility & Legal Ethics Practice Group's sponsorship of a National Lawyers Convention breakout panel titled "Originalist Perspectives on Ethics and the Supreme Court." The discussion, held just days before the Code's unveiling, pondered the necessity of an Ethics Code for the Supreme Court and foreshadowed lingering questions for the Court. A recording is available here.
Featuring:
Prof. Arthur Hellman, Professor of Law, University of Pittsburgh School of Law
David Lat, Founder, Original Jurisdiction
Moderator: Hon. Jennifer Perkins, Arizona Court of Appeals, Division One

A Seat at the Sitting - December 2023 Nov 30, 2023

Show notes

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.
Brown v. United States (November 27) - Criminal Law; Whether the definition of “serious drug offense” in the Armed Career Criminal Act incorporates the federal drug schedules that were in effect when the individual committed the firearm offense, or instead the schedules that were in effect at the time of the state drug offense.
McElrath v. Georgia (November 28) - Criminal Law, Double Jeopardy; A challenge by a Georgia man who was found not guilty by reason of insanity on one charge arising from the stabbing death of his mother and guilty but mentally ill on another charge to the state’s ability to try him again on the charge on which he was acquitted.
Wilkinson v. Garland (November 28) - Immigration; Whether federal courts have the power to review an agency’s determination that a noncitizen did not meet the “exceptional and extremely unusual” hardship requirement to cancel deportation.
Securities and Exchange Comm’n v. Jarkesy (November 29) - Administrative Law, Financial Services; A challenge to the SEC’s use of in-house judges.
Harrington v. Purdue Pharma, L.P. (December 4) - Whether the Bankruptcy Code gives a court the power to approve a release that extinguishes claims against third parties, without the consent of the individuals or entities holding the claims.
Moore v. United States (December 5) Federalism & Separation of Powers - Whether a federal “mandatory repatriation tax” violates the 16th Amendment.
Muldrow v. City of St. Louis, Missouri (December 6) - What protections does Title VII of the Civil Rights Act of 1964 provide to employees who contend they were the victim of a discriminatory transfer?
Featuring:
Justin Aimonetti, Attorney, Dechert LLP
Adi Dynar, Attorney, Pacific Legal Foundation
Prof. Jennifer Jenkins, Associate Professor of Law, Ave Maria School of Law
Prof. Lindsey Simon, Associate Professor of Law, Emory University Law School
Moderator: Stephanie Maloney, Chief of Staff and Associate Chief Counsel, U.S. Chamber Litigation Center

Courthouse Steps Oral Argument: SEC v. Jarkesy Nov 29, 2023

Show notes

On November 29, 2023, the U.S. Supreme Court will hear oral argument in SEC v. Jarkesy. The following three questions are presented – (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.
Please join us as Margaret A. Little, Counsel of Record on an amicus brief filed by New Civil Liberties Alliance, discusses the case and its developments after oral argument.

Contracts, Labor & Employment Law After SFFA Nov 29, 2023

Show notes

In June the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. In a 6-3 decision, the Court held that Harvard and the University of North Carolina’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment.
Court observers have put forth different analyses concerning how far-reaching this decision may be. Will corporate diversity programs be stopped? How will hiring in the public and private sectors change? What about government initiatives and the public procurement process?
As employers adjust their programs and new litigation progresses through the courts, lawyers are working to advise their clients for whatever may come. Please join us as an expert panel addresses these questions and more in pursuit of understanding the greater legal landscape after SFFA.

Courthouse Steps Preview: Moore v. United States Nov 28, 2023

Show notes

On December 5, 2023, the Supreme Court will hear oral argument in Moore v. United States. At issue is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
Professor James W. Ely and Professor Calvin H. Johnson joined us to discuss their amicus briefs examining the original public meaning of the taxing power and apportionment. The discussion was moderated by Elizabeth H. Slattery, Director of Constitutional Scholarship at Pacific Legal Foundation.

Conservatives Talk Presidential Power: A Look into the Latest Trials, Testimonies, and Plea Deals Nov 15, 2023

Show notes

John Malcolm and John Yoo continued their discussion of presidential power as they examine the repercussions of plea deals taken by former President Trump's allies in Georgia, Michael Cohen's testimony in the New York civil trial, and the status of the 14th Amendment disqualification trial.

Litigation Update: Koons v. Platkin Nov 14, 2023

Show notes

Koons v. Platkin is a challenge to certain provisions of New Jersey Bill A4769/S3214 – now known as Chapter 131 – that overhauled the state’s firearms and concealed carry laws following the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen.
Among other things, the law features 25 broad categories of “sensitive places” where permit holders may not carry a firearm. Additionally, the law makes all private property presumptively a “sensitive place” and requires permit holders to obtain consent from the property owner before carrying on their property.
Chapter 131 faced legal challenge immediately upon being signed into law by the Governor of New Jersey. At the District Court level, plaintiffs argued that several of the “sensitive place” restrictions plainly violated the Second and Fourteenth Amendments to the U.S. Constitution. Plaintiffs also challenged a provision that required permit holders to render their weapons inoperable while inside a moving vehicle. The State of New Jersey has maintained that Chapter 131 is consistent with the Second Amendment and the decision in Bruen.
The District Court granted a TRO and later a preliminary injunction noting that certain parts of the law were “plainly unconstitutional.” The case is now being litigated in the U.S. Court of Appeals for the Third Circuit where oral arguments were heard on October 25, 2023. Peter A. Patterson, Partner at Cooper & Kirk and counsel to plaintiffs, discussed the case.

Courthouse Steps Oral Argument: United States v. Rahimi Nov 07, 2023

Show notes

United States v. Rahimi, set to be argued before the Supreme Court this fall, raises the question of whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic violence restraining orders, violates the Second Amendment on its face.
When executing a search warrant on Texas resident Zackey Rahimi's home in relation to a series of shootings in which he was a suspect, police found a rifle and pistol. Rahimi, however, was subject to a domestic violence restraining order after the alleged assault of his former girlfriend, a protective order that specifically barred him from possessing a firearm. He was indicted under 18 U.S.C. § 922(g)(8) (a federal statute that makes it illegal for those who are subject to domestic violence restraining orders to possess a firearm).
Rahimi challenged that indictment, arguing the law is facially unconstitutional and violates the Second Amendment. Initially, both the federal district court and the U.S. Court of Appeals for the 5th Circuit upheld the law, but, following the Supreme Court's decision in Bruen, the Fifth Circuit reversed and vacated Rahimi's conviction. The decision was appealed and oral argument is set to go on before SCOTUS on November 7, 2023.
Please join us as we break down and analyze how oral argument went before the Court.
Featuring:
Mark W. Smith, Senior Fellow, Ave Maria School of Law, and Host of the Four Boxes Diner Second Amendment Channel

College Admissions After SFFA Oct 30, 2023

Show notes

On Thursday, June 29, 2023, the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. In a 6-3 decision, the Court held that Harvard and the University of North Carolina’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment. Two months later, The U.S. Departments of Justice and Education issued a joint guidance document addressing the decision.
Court observers have put forth different analyses concerning how far-reaching this decision may be. Will corporate diversity programs be stopped? What about government initiatives? The jury is still out, but one thing will certainly change – college admissions.
How will college admissions offices across the country change their policies? What should high school students know about the changing landscape? What methods will be employed in pursuit of racial diversity? Please join us as an expert panel addresses these questions and more in pursuit of understanding college admissions after SFFA.

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