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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:

Revisiting New York Times v. Sullivan Apr 27, 2021

Show notes

On April 21, 2021, the Federalist Society's Free Speech & Election Law Practice Group hosted a teleforum titled "Revisiting New York Times v. Sullivan." The Supreme Court’s landmark decision in New York Times v. Sullivan came under scrutiny in a recent dissent by Judge Silberman of the DC Court of Appeals. Noted First Amendment scholars Glenn Reynolds and Floyd Adams weighed in on the discussion addressing whether or not the nearly sixty-year-old case should be revisited, and the impact of First Amendment driven defamation laws in the journalistic context and free public discourse.
Featuring:
Prof. Glenn Reynolds, Beauchamp Brogan Distinguished Professor of Law, University of Tennessee College of Law
Floyd Abrams, Senior Counsel, Cahill Gordon & Reindel LLP
Moderator: Erik Jaffe, Partner, Schaerr Jaffe LLP
* * * * *
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: Ohio v. Yellen Apr 27, 2021

Show notes

In mid-March 2021, the state of Ohio's attorney general filed suit against Janet Yellen and the U.S. Department of the Treasury, challenging a provision of the American Rescue Plan Act that involves federal and state tax policies. Benjamin Flowers, Ohio's solicitor general, joins us to give a litigation update, review the background of the case, and more.
Featuring:
-- Benjamin Flowers, Solicitor General, Ohio
-- Moderator: Dean Reuter, Vice President, General Counsel, and Director of Practice Groups, The Federalist Society

Courthouse Steps Oral Argument Teleforum: Minerva Surgical Inc. v. Hologic Inc. Apr 27, 2021

Show notes

On April 21, 2021, the Supreme Court hears oral arguments in Minerva Surgical Inc. v. Hologic Inc. The case involves the issue of whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.
Supreme Court practice expert Daniel Ortiz joins us to discuss the case and review the oral arguments.
Featuring:
Prof. Daniel Ortiz, Michael J. and Jane R. Horvitz Distinguished Professor of Law and Director, Supreme Court Litigation Clinic, University of Virginia School of Law

Courthouse Steps Decision Webinar: AMG Capital Management v. FTC Apr 26, 2021

Show notes

On April 22, 2021, the Supreme Court decided AMG Capital Management, LLC v. Federal Trade Commission. Writing for the unanimous Court, Justice Breyer explained how Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek, or a court to award, monetary relief such as restitution or disgorgement.
A panel of experts will discuss the ruling and its implications.
Featuring:
-- Alden Abbott, Senior Research Fellow, Mercatus Center, George Mason University; former General Counsel, Federal Trade Commission
-- Corbin Barthold, Director of Appellate Litigation, TechFreedom
-- Hon. Maureen Ohlhausen, Partner, Baker Botts; former Commissioner, Federal Trade Commission
-- Moderator: Asheesh Agarwal, Deputy General Counsel, TechFreedom

International Corruption and the Venezuela Indictments: The Case of Alex Saab Apr 26, 2021

Show notes

One year ago, the United States Department of Justice announced a series of indictments against major figures of the Venezuelan regime lead by Nicolas Maduro, including of Mr. Maduro himself. One significant case involves a Colombian businessman, Alex Saab, who has been described in the press as “Maduro’s financier.” Just two weeks ago, a court in Cape Verde, West Africa, ordered Mr. Saab to be extradited to the United States, just as another regional court ordered that he be freed. He has resisted extradition based on an appointment by the Venezuelan government as a “diplomat” on a “humanitarian mission” to Iran.
This Teleforum will give listeners an update on where these cases stand as well as background on the nuances of prosecuting them. The speakers include Ryan Berg, a regional specialist at the American Enterprise Institute, and Michael Nadler, a partner with the firm SFS Law in Miami, Florida, and former Assistant United States Attorney in the Southern District of Florida and who served as lead counsel in the cases against Mr. Saab as well as other Maduro-regime figures.
Featuring:
-- Ryan Berg, Research Fellow, American Enterprise Institute
-- Michael B. Nadler, Partner, SFS Law
-- Moderator: Harout Samra, Of Counsel, DLA Piper

Transgender Policy in the Biden Administration Apr 26, 2021

Show notes

The national conversation over transgender students’ inclusion in student athletics and school facilities has received unparalleled levels of attention in the past weeks. Some transgender advocates argue affording equal rights to transgender students requires forcing public schools to allow transgender students access to the sports team, the locker room, and the bathroom that matches the gender the trans student identifies with. Others oppose such mandatory access, arguing that treating transgender boys who identify as girls the same as biological girls undermines hard-fought women’s gains in developing women’s sports and safety-protections.
Join us for a discussion between Shannon Minter, transgender rights advocate and Legal Director of the National Center for Lesbian Rights, and Lauren Adams, noted feminist advocate and Legal Counsel at Women’s Liberation Front.
Featuring:
Shannon Minter, Legal Director, National Center for Lesbian Rights
Lauren Adams, Legal Counsel, Women's Liberation Front
Moderator: Hon. Kenneth L. Marcus, Founder and Chairman, Louis D. Brandeis Center for Human Rights Under Law
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This event is open to Federalist Society Members. Register at the link above.

Courthouse Steps Oral Argument: Yellen v. Confederated Tribes of the Chehalis Reservation Apr 23, 2021

Show notes

On April 19, 2021, the Supreme Court will hear oral argument in Yellen v. Confederated Tribes of the Chehalis Reservation and the consolidated case of Alaska Native Village Corporation Association v. Confederated Tribes of the Chehalis Reservation. In these cases, the Court has the opportunity to consider whether certain Alaskan villages and corporations fall within the definition of “Indian tribes” for purposes of the Coronavirus Relief Fund.
Featuring:
Anthony J. Ferate, Of Counsel, Spencer Fane LLP
Jennifer Weddle, Shareholder, GreenbergTraurig
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Courthouse Steps Oral Argument: United States v. Gary Apr 23, 2021

Show notes

On April 20, 2021, the Supreme Court will hear oral argument in the case of United States v. Gary. In this case, defendant Gary pled guilty in federal court to two counts of possession of a firearm as a convicted felon in violation of 18 U.S.C. 922(g)(1) and 924(a)(2) then appealed his sentence.
During the interim following his appeal, the Supreme Court decided Rehaif v. United States and held that for conviction under 922(g)(1) and 924(a)(2), the United States must prove both (1) knowing possession of the firearm and (2) knowledge of felon-status. Gary supplemented his appeal with the Rehaif decision, arguing he had not been informed of the knowing-felon-status element of the crime when he pled guilty.
The Ninth Circuit found the district court’s omission of the knowing-felon-status element was plain error, vacated Gary’s conviction, and remanded even though Gary did not show he would not have taken the plea but for the district court’s omission.
The Supreme Court will decide whether Gary is automatically entitled to the relief awarded by the Ninth Circuit even where Gary does not attempt to show prejudice caused by the district court’s failure to inform Gary on the knowing-felon-status element.
Featuring:
-- Robert Leider, Assistant Professor of Law, Antonin Scalia Law School, George Mason University

Courthouse Steps Oral Argument: City of San Antonio, Texas v. Hotels.com Apr 23, 2021

Show notes

On April 21, 2021, the Supreme Court will hear oral argument in the case of City of San Antonio, Texas v. Hotels.com. In this case, the Court granted certiorari on the question whether the Fifth Circuit alone among all its sister circuits correctly held that District Courts have no discretion to deny or reduce appellate costs deemed taxable under Federal Rule of Appellate Procedure 39(e).
Featuring:
-- Dean Charles Campbell, Associate Professor of Law, Interim Dean, Faulkner University, Jones School of Law

Courthouse Steps Oral Argument: Sanchez v. Mayorkas Apr 22, 2021

Show notes

On April 19, 2021, the Supreme Court will hear oral argument in the case of Sanchez v. Mayorkas. The Court will decide whether a grant of Temporary Protected Status (TPS) under the Immigration and Nationality Act satisfies the “admission” requirement laid out in section 1255(a) necessary for a grant of Legal Permanent Resident (LPR) status. In taking this case, the Court has the chance to resolve a circuit split: given the recent Third Circuit decision underlying this petition for cert, both the Third and Eleventh Circuits do not allow TPS admission to qualify for LPR admission, while the Sixth and Ninth Circuits allow LPR admission to qualify for TPS status.
Featuring:
Hon. Grover Joseph Rees, Writer, Advocate, and Former United States Ambassador to East Timor
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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