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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:

Courthouse Steps Decision: Biden v. Nebraska Jul 11, 2023

Show notes

On Friday, June 30, 2023, the Supreme Court issued its decision in Biden v. Nebraska. The case arose after President Biden enacted a plan to cancel between $10,000 and $20,000 in student loans for qualified borrowers through executive action. The Biden Administration argued that the Secretary of Education was granted the authority to forgive student loans in the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act).
In a 6-3 decision, the Court held that the HEROES Act does not grant the Secretary of Education the authority to establish a student loan forgiveness program discharging approximately $430 billion in student loans and affecting nearly all borrowers. Chief Justice Roberts delivered the Court’s opinion; Justice Barrett filed a concurring opinion focused primarily on the Major Questions Doctrine; Justice Kagan filed the dissenting opinion.
In this recorded webinar, Jesse Panuccio discussed the decision.
Featuring:
--Jesse Panuccio, Partner, Boies Schiller Flexner LLP

Courthouse Steps Decision: Arizona v. Navajo Nation Jul 10, 2023

Show notes

On Thursday, June 22, 2023, the Supreme Court issued its decision in Arizona v. Navajo Nation. In a 5-4 decision, the Court held that the United States owes no “affirmative duty” to the Navajo Nation to secure water, reversing a decision by the US Court of Appeals for the 9th Circuit. The majority held that the 1868 Treaty of Bosque Redondo did not establish a federal obligation to provide water.
The decision hinged on the way the court framed the Nation's claims. Accepting the federal government's argument, the majority viewed Indian treaties as establishing rights to various resources, including land, timber, minerals, and water. Each property right was seen as a "stick in the bundle of property rights that make up a reservation." Consequently, the burden was placed on the Navajo Nation to demonstrate that the treaty explicitly obligated the United States to go beyond recognizing tribal water rights. Drawing on precedents like United States v. Jicarilla Apache Nation, the Court held that the United States only owes obligations to Indian tribes as explicitly stated in treaties, statutes, or regulations. In other words, once the federal government recognizes tribal property rights through a treaty, its obligations are limited unless further enactments exist.
AJ Ferate and Jennifer Weddle joined us to break down the Court’s findings.
Featuring:
--Jennifer Weddle, Shareholder & Co-Chair, American Indian Law Practice Group, Greenberg Traurig LLP
--Anthony J. Ferate, Of Counsel, Spencer Fane LLP

Courthouse Steps Decision: 303 Creative v. Elenis Jul 07, 2023

Show notes

On June 30, 2023 U.S. Supreme Court decided 303 Creative LLC v. Elenis. Petitioner Lorie Smith, an artist in Colorado and owner/founder of the graphic design firm 303 Creative LLC. challenged Colorado’s Anti-Discrimination Act (CADA) on the grounds it is unconstitutional, arguing, among other things, it violates her right to free speech.
The Court ruled “The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.”
In this Post-Decision Courthouse Steps webinar, a panel of experts broke down and analyzed the Court’s decision.
Featuring:
--Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity
--Prof. Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law
--[Moderator] Prof. Michael Dimino, Professor of Law, Widener University Commonwealth Law School

Courthouse Steps Decision: Counterman v. Colorado Jul 06, 2023

Show notes

In Counterman v. Colorado, the Court considered a question of free speech and criminal law: whether, in order for a statement to be categorized as a "true threat" and thus not protected under a right to free speech, the speaker must subjectively know or intend the threatening nature of the statement, or whether it is enough that an objective "reasonable person" would regard the statement as a threat of violence. On June 27, 2023 the Court held that “The State must prove in true-threats cases that the defendant had some subjective understanding of his statements’ threatening nature, but the First Amendment requires no more demanding a showing than recklessness.”
In this Post-Decision Courthouse Steps webinar, where broke down and analyzed the Court’s decision.
Featuring:
--Kent Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation

Courthouse Steps Decision: Samia v. United States Jul 05, 2023

Show notes

On June 22, 2023, the Supreme Court released its decision in Samia v. United States. The main question at issue in the case was whether the admission of a codefendant’s redacted out-of-court confession that incriminates the defendant due to its content violates the Confrontation Clause of the Sixth Amendment. The Court held “the Confrontation Clause was not violated by the admission of a nontestifying codefendant’s confession that did not directly inculpate the defendant and was subject to a proper limiting instruction.”
In this Post-Decision Courthouse Steps webinar, we will broke down and analyzed the Court’s decision.
Featuring:
--Robert McBride, Partner-in-Charge, Northern Kentucky, Taft Stettinius & Hollister LLP

Courthouse Steps Decision: Groff v. DeJoy Jul 05, 2023

Show notes

On June 29, 2023 SCOTUS issued an opinion concerning Title VII, religious liberties, and employment law. In deciding Groff v. DeJoy, the Court held “ Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.”
The case involved Gerald Groff, a Christian who due to his religious convictions treated Sundays as a sabbath and thus did not work on those days, who formerly worked for the U.S. Postal Service in Pennsylvania. His refusal to violate his beliefs to work Sunday shifts led to disciplinary action and his eventual resignation. Groff sued and the following litigation raised two questions that the Court considered. Both concerned the protections provided to employees who seek to practice their religious beliefs in the context of the workplace. One was whether the Court should overrule the “more-than-de-minimis-cost” test for refusing religious accommodations under Title VII of the Civil Rights Act of 1964 established in Trans World Airlines, Inc. v. Hardison. The other concerned whether burdens on employees are sufficient to constitute “undue hardship on the conduct of the employer’s business” for the employer under Title VII.
In this Post-Decision Courthouse Steps webinar, where we broke down and analyzed the Court’s decision.
Featuring:
--Stephanie Taub, Senior Counsel, First Liberty Institute
--Bruce Cameron, Senior Atorney, National Right to Work Legal Defense Foundation

Courthouse Steps Decision: SFFA v. Harvard Jun 30, 2023

Show notes

On Thursday, June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. The opinion jointly addressed the issues presented in SFFA v. Harvard and SFFA v. University of North Carolina. The question before the Court was whether the race-conscious admissions systems used by Harvard and UNC violate the Equal Protection Clause of the Fourteenth Amendment.
In a 6-3 decision, the Court held that Harvard and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment. Chief Justice Roberts wrote for the Court; Justices Thomas, Gorsuch, and Kavanaugh filed concurring opinions; Justices Sotomayor and Jackson filed dissenting opinions. Justice Jackson took no part in the consideration or decision of SFFA v. Harvard.
Listen to this recorded webinar where Curt Levey discusses the decision.
Featuring:
--Curt Levey, President, Committee for Justice

Courthouse Steps Decision: Mallory v. Norfolk Southern Railway Co. Jun 29, 2023

Show notes

On Tuesday, June 27, 2023, the Supreme Court issued its decision in Mallory v. Norfolk Southern Railway Co. The question before the Court was whether a Pennsylvania law governing out-of-state corporations registered to do business inside the state that purports to confer general personal jurisdiction over the registrant violates the Due Process Clause of the Fourteenth Amendment.
The Court vacated and remanded the case in a 5-4 opinion authored by Justice Gorsuch holding that the law comports with the Due Process Clause as set forth in Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co. (243 U.S. 93). Justice Barrett filed a dissenting opinion.
In this recorded webinar Ashley Keller, John Masslon, and Professor Brian Fitzpatrick discuss the decision.
Featuring:
--Ashley Keller, Partner, Keller Postman
--John Masslon, Senior Litigation Counsel, Washington Legal Foundation
--[Moderator] Brian Fitzpatrick, Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School

Courthouse Steps Decision: Wilkins v. United States Jun 28, 2023

Show notes

On March 28, 2023, the Supreme Court handed down its decision in Wilkins v. United States. The case involves a suit by neighbors to quiet title over a road easement that the United States interprets as allowing for public use. The United States argued the claim was jurisdictionally barred by the the Federal Quiet Title Act’s 12-year time limit.
The Court held that the Act’s statute of limitations is a nonjurisdictional claims-processing rule because a procedural requirement is only jurisdictional if Congress clearly states that it is. Justice Clarence Thomas, joined by Chief Justice Roberts and Justice Alito, dissented and would have held the time-bar jurisdictional because it is a waiver of sovereign immunity.
Jeffrey W. McCoy, attorney at the Pacific Legal Foundation, joined us for a courthouse steps decision teleforum moderated by Adam Griffin.
Featuring:
--Jeffrey McCoy, Attorney, Pacific Legal Foundation
--Moderator: Adam Griffin, Law Clerk, US District Courts

Courthouse Steps Decision: Moore v. Harper Jun 28, 2023

Show notes

On Tuesday, June 27, 2023, the Supreme Court issued its decision in Moore v. Harper. The case concerned the Elections Clause of the U.S. Constitution and “the claim that the Clause vests state legislatures with authority to set rules governing federal elections free from restrictions imposed under state law,” 600 U.S. ___ (2023).
In a 6-3 decision, the Court rejected the “independent state legislature” doctrine recognizing the North Carolina Supreme Court’s authority to review the legislature’s rules for federal elections. Chief Justice Roberts issued the opinion of the Court; Justice Kavanaugh filed a concurring opinion; Justice Thomas filed a dissenting opinion.
In this recorded Teleforum Andrew Grossman discussed the Court’s opinion.
Featuring:
--Andrew Grossman, Partner, Baker & Hostetler LLP

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