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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:

Litigation Update: Vitolo v. Guzman Jun 14, 2021

Show notes

On May 27, 2021, the Sixth Circuit issued a decision in Vitolo v. Guzman. Over a dissent written by Judge Donald, the Court held that the Small Business Act of the American Rescue Plan Act created unconstitutional racial, ethnic, and gender-based priority preferences in distributing covid-relief grants to small businesses. Upon finding the plaintiffs would win on their constitutional claim, the Court granted the plaintiffs a preliminary injunction pending appeal.
Joining us to discuss is Mr. Daniel Lennington, the attorney who represented Mr. Vitolo before the Sixth Circuit.
Featuring:
-- Daniel Lennington, Deputy Counsel, Wisconsin Institute for Law and Liberty

Courthouse Steps Decision Webinar: Van Buren v. United States Jun 11, 2021

Show notes

On June 3, 2021, the U.S. Supreme Court decided Van Buren v. United States. Writing for the 6-3 majority, Justice Barrett explained that an individual exceeds authorized access when he accesses a computer with authorization but obtains information in a place on the computer off-limits to him. Justice Thomas filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.
Former Assistant U.S. Attorney for New York's Southern District Joseph DeMarco joins us to discuss the ruling and its implications.
Featuring:
Joseph DeMarco, Partner, DeMarco Law PLLC
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

COVID Lockdowns At The Border Jun 09, 2021

Show notes

This teleforum will examine the president's use of travel bans during the SARS-2 pandemic Two of the nation's top experts in immigration law--Professor Ilya Somin of the Antonin Scalia Law School at George Mason University and Chris Hajec of the Immigration Reform Law Institute--will present their views of the law and policy in this area while also taking questions from the audience.
Featuring:
-- Christopher Hajec, Director of Litigation, Immigration Reform Law Institute
-- Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University

Courthouse Steps Decision Teleforum: United States v. Cooley Jun 07, 2021

Show notes

In a 9-0 opinion written by Justice Breyer that could have far-reaching implications, the Supreme Court held in United States v. Cooley that a tribal police officer does have authority to temporarily detain a non-Indian where the officer has probable cause of a violation of state or federal law. Justice Alito filed a concurring opinion.
Joining us to discuss are Indian Law experts AJ Ferate and Jennifer Weddle.
Featuring:
Anthony J. "A.J." Ferate, Of Counsel, Spencer Fane LLP
Jennifer Weddle, Shareholder, GreenbergTraurig
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To register, click the link above.

Courthouse Steps Decision Teleforum: San Antonio, TX v. Hotels.com Jun 03, 2021

Show notes

On May 27, the Supreme Court issued its 9-0 decision in San Antonio, TX v. Hotels.com holding that district courts lack the discretion to deny or reduce Federal Rule of Appellate Procedure 39 appellate costs. The judgment of the Court of Appeals for the Fifth Circuit is affirmed.
Joining us to discuss is Associate Professor of Law and Interim Dean Charles Campbell of Faulkner University Jones School of Law.
Featuring:
-- Charles Campbell, Associate Dean for Academic Affairs and Associate Professor of Law, Faulkner University, Jones School of Law

Talks with Authors: Administrative Law Theory and Fundamentals: An Integrated Approach Jun 02, 2021

Show notes

Few fields are more in need of fresh thinking than administrative law. The author of Administrative Law Theory and Fundamentals: An Integrated Approach, a new casebook recently published by Foundation Press, seeks to provide such thinking. The new casebook proposes a theory of administrative power that better explains constitutional text and structure, as well as historical and modern practice, than competing accounts. It argues that there are “exclusive” powers that only Congress, the President, and the courts can respectively exercise, but also “nonexclusive” powers that can be exercised by more than one branch. This theory of “nonexclusive powers” allows students and scholars of administrative law to make more sense of—or better critiques of—administrative concepts such as delegation, quasi-powers, judicial deference, agency adjudications, the chameleon-like quality of government power, and of the separation of powers more broadly. Please join Professor Ilan Wurman, the casebook’s author, and Professor Richard Epstein, for a discussion of this new casebook and its theory of administrative power.
Featuring:
-- Ilan Wurman, Author, Associate Professor, Sandra Day O'Connor College of Law, Arizona State University
-- Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law

The Equal Rights Amendment: Then and Now Jun 02, 2021

Show notes

First proposed in 1923 – yes, nearly one hundred years ago - the Equal Rights Amendment was finally passed by the U.S. Congress nearly 50 years later, in 1972, with a seven-year deadline for its ratification. With the deadline approaching, but the requisite 38 states not having voted to ratify, Congress approved, and President Carter signed, a three-year extension, to 1982.
Several states and the U.S. Congress are now revisiting the ERA, raising a variety of issues:
Whether it is constitutionally possible at this point to extend or eliminate the deadline for ratification of the 1972 ERA; the effectiveness (or not) of five states’ revocations of their votes to ratify; the effectiveness (or not) of the three states’ ratifications that came more than 35 years after the extended deadline;
The pros and cons and wisdom (or not) and necessity (or not) and ramifications of amending the United States Constitution with the ERA.
These and related matters will be discussed by Rep. Steven Andersson, founder of GOP4ERA.org, and Jennifer Braceras, Director of the Independent Women’s Law Center. Hon. Eileen J. O'Connor will moderate the discussion.
Featuring:
Rep. Steven Andersson, Founder, GOP4ERA.org
Jennifer Braceras, Director, Independent Women's Law Center
Moderator: Hon. Eileen J. O'Connor, Law Office of Eileen J. O'Connor, PLLC
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Litigation Update: Meriwether v. Hartop Jun 01, 2021

Show notes

In a decision issued on March 26, 2021, the Sixth Circuit held Professor Nicholas Meriwether, a long-time philosophy professor at Shawnee State and a devout Christian, had plausibly alleged Shawnee State violated his First Amendment Speech and Free Exercise rights by subjecting him to discipline over use of pronouns.
On the Speech claim: the Sixth Circuit found the Supreme Court’s decision in Garcetti v. Cebalos did not apply to bar Meriwether’s claim since the Court had expressly withheld applying the precedent to “a case involving speech related to scholarship or teaching.”
On the Free Exercise claim: based on the hostility to religion demonstrated by Shawnee State officials, the Sixth Circuit found strict scrutiny under Lukumi Babalu v. City of Hialeah rather than rational basis under Employment Division v. Smith applied, so Meriwether had successfully established a Free Exercise claim sufficient to survive a motion to dismiss.
Joining us to discuss the implications of the decision for academic freedom, free speech and religious liberty is Mr. Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity.
Featuring:
-- Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity

H.R. 1, the For the People Act, Explained May 27, 2021

Show notes

The For the People Act was introduced in the House of Representatives in 2019 as H.R. 1, the symbolic designation marking it as the top priority of the new Democratic House majority. Described by its author, Representative John Sarbanes, as addressing “voter access, election integrity and security, campaign finance, and ethics for the three branches of government,” the 570 page bill passed the House later that year, but was never voted on in the Republican-controlled Senate.
The measure was reintroduced in the 117th Congress as H.R. 1 in the House and S. 1 in the Senate, but with still more provisions expanding it to over 800 pages. Proponents supporting passage have cited the importance of expanding voter access and fighting "voter suppression." Opponents argue that the bill significantly restricts free speech by changing campaign finance rules, creates the potential for widespread voter fraud by relaxing necessary voting integrity safeguards, and constitutes a federal takeover of state-run elections.
The House passed the bill on a near party-line vote (1 Democrat voted "no"), and its fate now lies with the 50-50 divided Senate. Senate Republicans can block a vote with the filibuster, and H.R. 1 has been cited frequently as a reason to abolish the filibuster. But at least one Senate Democrat, Joe Manchin of West Virginia, has stated that he will not vote for the bill in its current form, depriving the legislation--for now--of even a simple majority.
Mr. Bradley A. Smith, Chairman and Founder of the Institute for Free Speech and one of the nation’s foremost experts on campaign finance law will join us to discuss some of the more important provisions and implications of H.R.1/S. 1, the For the People Act.
Featuring:
-- Bradley A. Smith, Chairman and Founder, Institute for Free Speech

A Discussion: Students for Fair Admissions v. President and Fellows of Harvard College May 27, 2021

Show notes

In Students for Fair Admissions v. President and Fellows of Harvard College, petitioning Asian-American students argued that Harvard’s undergraduate admissions policies actively discriminated against them on the basis of race in violation of Title VI of the Civil Rights Act of 1964. The District Court and the Court of Appeals for the First Circuit disagreed, triggering SFFA’s pending petition to the Supreme Court for certiorari. If the Court accepts cert, the case will present it with the chance to address the legality of race-based admissions policies for the fifth time in as many decades.
Should and will the Court take the case? Is this an opportunity for a long-overdue correction of judicial error or a project doomed to fail? And what exactly does the trove of information from the record below mean for the Court’s decision, for admissions departments elsewhere, and for applicants?
Featuring:
Anna Ivey, Founder, Anna Ivey Consulting
Cory Liu, Partner, Ashcroft Law Firm
Moderator: Dan Morenoff, Executive Director, American Civil Rights Project
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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