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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 decisionA 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 sittingLitigation 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.

  1. 5. NOV.

    Competition and Consumer Banking: Bank Mergers, Credit Cards, and the Capital One-Discover Deal

    In September, the Department of Justice announced that it would withdraw its 1995 bank merger guidelines and apply its 2023 merger guidelines for all industries, a move that some have interpreted as signaling stricter review of bank mergers. At the same time, Congress is considering the “Credit Card Competition Act,” which purports to promote competition in the credit card network space. Join us for a discussion of these topics and their implications for consumers, competition, and the economy as well as Capital One’s proposed acquisition of Discover. Featuring: Prof. Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University Sen. Patrick Toomey, Former United States Senator (PA), Ranking Member of the Senate Committee on Banking Dr. Diana Moss, Vice President and Director of Competition Policy, Progressive Policy Institute Moderator: Jelena McWilliams, Managing Partner and Head of the Financial Institutions Group, Cravath, Swaine, & Moore Washington, D.C. office, Former Chairman of the Federal Deposit Insurance Corporation (FDIC) -- To register, click the link above.

    1 t. 2 min.

  2. 5. NOV.

    The Antiquities Act: A Tool for Conservation, or a Law Without Limit?

    In 1906, Congress passed the Antiquities Act, which gives the President the authority to set aside federal land to protect "objects of historic or scientific interest." Presidents have since used the Act in increasingly broad ways, setting aside millions and millions of acres to protect broader arrays of "objects." Recently, President Biden set aside 3 million acres in Utah to protect a collection of such objects -- among them: landscapes, regions, ecosystems, habitats, and animals. Following these designations, both the State of Utah and a collection of individual plaintiffs sued, arguing that the President's actions violated the Antiquities Act. The Tenth Circuit recently heard arguments on the case, which concerns not only the meaning of the Antiquities Act, but also whether such presidential action is reviewable by the federal courts in the first place. This challenge ultimately tees up a question that Chief Justice Roberts asked in a separate writing a few years ago: Whether the Antiquities Act really is as broad as it has been applied, or whether it is time for the federal courts to start reimposing its limits? Featuring: Harry Graver, Associate, Jones Day Prof. Sam Kalen, Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law Moderator: Jeff Beelaert, Partner, Stein Mitchell -- To register, click the link above.

    59 min.

  3. 5. NOV.

    What Does "New" Mean? Agency Action Post-Chevron

    Last term, the Supreme Court handed down its ruling in Loper Bright Enterprises v. Raimondo. This watershed ruling included the notable line, “Chevron is overruled.” The federal judiciary is now to review agencies’ interpretations of statutes that are “silent or ambiguous” without affording an agency deference. This decision is already affecting administrative law and the review of agency rulemaking. It is being widely cited by both litigants and courts. For example, in U.S. Sugar Corp. v. EPA, the D.C. Circuit recently held that the EPA misinterpreted the term “new” when it classified certain sources of hazardous air pollutants as “new” rather than “existing.” EPA’s determination to make those “existing” sources accountable for the rule’s stricter regulations for “new” sources was vacated. Join us for a discussion of how Loper Bright has already impacted this and other agency actions, and what else we might expect in a post-Chevron world. Featuring: Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law Prof. Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School Prof. Rob Percival, Robert F. Stanton Professor of Law, University of Maryland Carey School of Law Moderator: Jonathan Brightbill, Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP -- To register, click the link above.

    1 t. 7 min.

  4. 4. NOV.

    A Seat at the Sitting - November 2024

    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. Wisconsin Bell v. U.S., (November 4) - Telecommunications; Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act. Advocate Christ Medical Center v. Becerra, (November 5) - Medicare; Whether the phrase “entitled ... to benefits,” used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received. E.M.D. Sales v. Carrera, (November 5) - Labor & Employment; Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence. Facebook v. Amalgamated Bank, (November 6) - Corporations; Whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm. Velazquez v. Garland, (November 12) - International and National Security; Whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1). Delligatti v. U.S., (November 12) - Criminal Law & Procedure; Issue(s): Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. NVIDIA Corp. v. E. Ohman J:or Fonder AB, (November 13) - Securities; (1) Whether plaintiffs seeking to allege scienter under the Private Securities Litigation Reform Act based on allegations about internal company documents must plead with particularity the contents of those documents; and (2) whether plaintiffs can satisfy the Act's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact. Featuring: Tyler S. Badgley, Senior Counsel, U.S. Chamber Litigation Center Karen Harned, President, Harned Strategies LLC Robert S. Peck, President, Center for Constitutional Litigation Collin White, Of Counsel, Kellogg Hansen (Moderator) Sarah Child, Attorney, Jackson Lewis

    1 t. 6 min.

  5. 4. NOV.

    Litigation Update: Chiles v. Salazar

    Chiles v. Salazar arises from a challenge to a Colorado law limiting therapists’ speech when counseling gay and transgender individuals. The Minor Conversion Therapy Law (MCTL) prevents licensed mental health professionals from providing any practice or treatment that “attempts or purports to change an individual’s sexual orientation or gender identity including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.” Noncompliance could lead to fines, suspensions, or removals of licenses. Kaley Chiles, a professional counselor challenges this law, explaining that she does not necessarily seek to change patients’ sexual orientations but rather assist them when they seek help and counsel due to unwanted attractions. Chiles is a practicing Christian and works with clients seeking to be guided through Christian principles. She claims that MCTL violates her First Amendment rights to freedom of speech and free exercise of religion. In September 2024, the Tenth Circuit Court of Appeals sided against Ms. Chiles, holding that MCTL does not unlawfully abridge what she can say to her clients. Join us for a discussion of this case, Colorado’s limits on therapist speech, and the larger implications for freedom of speech and religion. Featuring: Cody Barnett, Legal Counsel, Alliance Defending Freedom (Moderator) Tessa E. Shurr, Committee Staff, U.S. House of Representatives

    59 min.

  6. 29. OKT.

    Religious Liberty and the Court: Looking Ahead to the 2024-2025 Term

    The Federalist Society is proud to host Mark Rienzi, President of the Becket Fund and Professor of Law at the Catholic University of America, for this year’s annual discussion of Religious Liberty at the Court. This webinar will be moderated by William Saunders, Professor and Co-director of the Center for Religious Liberty at Catholic University of America. Please join us for this latest installment which will look at recent developments in religious liberty litigation and ahead to the Supreme Court’s October term. Featuring: Prof. Mark L. Rienzi, President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School (Moderator) Prof. William L. Saunders, Director of the Program in Human Rights, Catholic University of America

    55 min.

  7. 29. OKT.

    Textualism and Patent Statutory Law – Patent Eligibility, ODP, and Upcoming Patent Reform in Congress

    When it comes to patent eligibility and statutory construction, does “any” really mean “any?” In the courts, is it permissible to limit statutorily-authorized patent term adjustment based on a doctrine that has no basis in statute? The debate surrounding these issues has only gotten livelier with recent Federal Circuit decisions and a bi-partisan patent eligibility bill working its way through Congress. With this backdrop, please join us for an exciting discussion about whether patent law has run afoul of the basic precepts of textualism and statutory construction, and what, if anything, should be done about it. Featuring: Matthew Dowd, Founder and Partner, Dowd Scheffel PLLC Sherry Knowles, Principal, Knowles Intellectual Property Strategies Gene Quinn, President & CEO, IPWatchdog, Inc. Prof. Josh Sarnoff, Professor of Law, DePaul University College of Law Moderator: John Rogitz, Managing Attorney, Rogitz & Associates -- To register, click the link above.

    1 t. 3 min.

  8. 23. OKT.

    Courthouse Steps Oral Argument: Garland v. VanDerStok

    Garland v. VanDerStok concerns whether the ATF's 2022 update to its regulations under the Gun Control Act of 1968, which clarified that federal law requirements that apply to the manufacture and sale of standard firearms also apply to "ghost guns" --readily convertible weapons parts or receiver kits-- exceeds the mandate of the same. The ATF argues it simply clarified what had already been true in response to the notable rise in the use of ghost guns. The challengers, including both two individual gun owners and a gun advocacy organization, challenged the rule, alleging it exceeded the statutory authority granted to the ATF. The Court is now set to consider whether such kits constitute "firearms" and/or "frames or receivers" as regulated under the Act. Oral argument was heard on October 8, 2024. Join us for a Courthouse Steps Oral Argument program with litigating attorney Peter Patterson who argued on behalf of the respondents. Featuring: Peter A. Patterson, Partner, Cooper & Kirk

    38 min.
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Om

*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 decisionA 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 sittingLitigation 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.

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