FedSoc Forums

The National Labor Relations Board is responsible for developing national labor policy, but it has historically accomplished its mission through case-by-case decision making rather than through rulemaking. And while that approach has been criticized over the years, it remains the Board’s customary approach and official policy. But that may be changing. Vacancies at its highest levels have ha...

The Supreme Court's Second Amendment jurisprudence continues to evolve. This past Term, the Court issued significant decisions in Wolford v. Lopez and United States v. Hemani, further defining the contours of the right to keep and bear arms in the wake of its landmark decision in New York State Rifle & Pistol Association v. Bruen. At the same time, the Court has signaled that its work in this...

Congressional committees frequently use their subpoena power to compel witnesses to appear before them and testify. But appearing before Congress does not necessarily mean answering every question. When may a witness invoke the Fifth Amendment? Does a presidential pardon eliminate the privilege against self-incrimination, and if so, to what extent? And what options remain available to Congress whe...

This year marks the 100th anniversary of the Supreme Court's decision in Village of Euclid v. Ambler Realty Co., the landmark decision that paved the way for ubiquitous zoning and land-use regulation by local governments across America. Under Euclid, where the Court infamously analogized an apartment building in the midst of single-family houses to “a pig in a parlor,” cities a...

In this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to answer many contemporary questions; join us as we explore those answers. In Federalist 23, Alexander Hamilton identified the common defense and the preservation of peace against external attacks as two of the principal purpose...

Can states and local governments use consumer protection laws to regulate national climate policy? District of Columbia v. ExxonMobil is one of a growing number of climate lawsuits seeking to hold energy companies liable for alleged misrepresentations about the effects of fossil fuels. The case presents important questions about federalism, the boundaries of state consumer protection laws, and whe...

Join us for a timely discussion on two developments shaping the future of digital assets in the United States. We will examine the CLARITY Act and its effort to establish clear rules for whether digital assets fall under SEC or CFTC oversight, as well as the ongoing dispute over Federal Reserve master accounts for crypto-focused banking institutions. Together, these issues highlight a central ques...

This term, several important questions of criminal law and procedure reached the Supreme Court, ranging from digital privacy and criminal venue to appeal waivers and capital sentencing. In Chatrie v. United States, the Court held that law enforcement conducts a Fourth Amendment search when it obtains a person’s cell-phone location history from a company through a geofence warrant. In Abo...

Hon. Lindsey Graham (1955-2026) For more than two decades, Senator Lindsey Graham was a consequential voice on the United States Senate Committee on the Judiciary. He played a prominent role in some of the era’s most contentious judicial-confirmation battles, including the nominations of Brett Kavanaugh and Amy Coney Barrett, and, as chairman during the 116th Congress, helped guide President...

In this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to answer many contemporary questions; join us as we explore those answers. The Founders regarded trial by jury as an indispensable check on government power, and the Fifth and Seventh Amendments enshrined that guarantee. In rece...

In this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to answer many contemporary questions; join us as we explore those answers. The Founders drew their understanding of international law — known at the time as the law of nations — from 18th Century classical texts. Ham...

The government-speech doctrine generally permits the government to select and promote its own messages without being subject to First Amendment scrutiny. But does that principle have limits? What about when public funds, facilities, or employees are used to convey partisan messages or selectively promote particular viewpoints? Join us for a discussion on whether and to what extent the First Amendm...

CLE credit for this event is available at On-Demand CLE. Parental rights have long occupied an important place in American law and political thought. While the Supreme Court today generally recognizes parental rights as fundamental, the constitutional foundations of those rights remain the subject of significant debate. Modern doctrine, reflected in cases such as Meyer v. Nebraska, Pierce v. Socie...

Controversy has swirled for years over litigation in which a plaintiff sues a friendly government defendant, and the case concludes with a favorable settlement. Critics argue that this practice creates a non-adversarial process that allows aligned litigants and agencies to shape policy and reward political allies outside the normal rulemaking and appropriations procedures. Defenders respond that t...

The U.S. Court of Appeals for the Eighth Circuit recently vacated the Federal Communications Commission’s 2023 Digital Discrimination Order, finding the commission exceeded its statutory authority. The dispute centered on the FCC’s implementation of Section 60506 of the Infrastructure Investment and Jobs Act, which directs the commission to prevent “digital discrimination of acce...

Military law encompasses a wide range of legal disciplines, including criminal law, national security, government contracts, administrative and regulatory law, and more. Join an experienced panel of current and former Judge Advocates for a practical discussion of the work JAGs perform, the application and accession process, and the long-term trajectory of military legal careers. The panel will com...

Unlike most nations, the United States eschews centralized control over its system of higher education in favor of a more decentralized “regulatory triad” of accreditation agencies, state licensing authorities, and certification by the U.S. Department of Education to participate in federal student aid programs. To qualify for federal student loans and grants, colleges and universities...

In National Republican Senatorial Committee v. Federal Election Commission, the Supreme Court held 6-3 that the Federal Election Campaign Act’s limits on political parties’ coordinated expenditures with their candidates violate the First Amendment. In overruling Colorado II, the majority emphasized that party-candidate coordination forms the “essence of our Nation’s party s...

This spring, Virginia joined eighteen other states and DC in the National Popular Vote Interstate Compact, an agreement among participating jurisdictions to award their presidential electors to the winner of the national popular vote once they collectively hold 270 electoral votes. Virginia's thirteen electoral votes bring the compact to 222, leaving it 48 short of the threshold at which it would...

In Trump v. Slaughter, the Supreme Court held 6-3 that the Federal Trade Commission's (FTC) statutory for-cause removal protection violates the separation of powers, overruling Humphrey's Executor. The Court reasoned that subordinates who exercise the President’s power are subject to removal by him. Thus, because the FTC exercises executive power, its Commissioners must be removable by t...

Third-party litigation funding has grown into a major part of modern civil litigation. Supporters argue it expands access to justice and helps under-resourced plaintiffs challenge powerful defendants. Critics argue it can distort litigation incentives, empower foreign or opaque funders, and undermine attorney-client control of litigation. As state legislatures and Congress consider restrictions an...

In the consolidated cases Little v. Hecox and West Virginia v. B.P.J., the Supreme Court held that neither Title IX nor the Equal Protection Clause of the Fourteenth Amendment prohibits states or schools from determining sports eligibility based on biological sex. Join us for a Courthouse Steps webinar breaking down the decision, the separate opinions, and what it may mean for Title IX, equal prot...

In Trump v. Barbara, the U.S. Supreme Court held that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship to children born in the United States, even if their parents are unlawfully or temporarily present in the country, as they are “subject to the jurisdiction” of the United States. Join us for a webinar breaking down the decision and the separate opinions. Featuring:P...

In Trump v. Barbara, the U.S. Supreme Court held that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship to children born in the United States, even if their parents are unlawfully or temporarily present in the country, as they are “subject to the jurisdiction” of the United States. Join us for a webinar breaking down the decision and the separate o...

In Wolford v. Lopez, the Supreme Court held that Hawaii’s law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner’s express authorization violates the Second and Fourteenth Amendments. In a 6-3 decision, the majority reasoned that the restrictions fell within the plain text of the Second Amendment...