The Federalist Society
FedSoc Events
The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. This podcast feed contains audio files of Federalist Society panel discussions, debates, addresses, and other events related to law and public policy. Additional audio and video can...
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The Federalist Society
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Apr 3, 2026
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Episodes
Young Lawyers Special Session: Making Winning Arguments 18.03.2024 58:18
The state and federal bench has transformed in recent years, with more textualist/originalist judges appointed or elected. These changes are influencing how advocates should prepare to make winning arguments. A panel of jurists and leading litigators will offer their best advice to young advocates in making successful oral arguments and incorporating originalism and textualism into their briefs. T...
Panel II: Amending the Florida Constitution: Ballot Initiatives and Judicial Review 18.03.2024 1:21:54
The citizen-initiative process allows the People of Florida to propose amendments to the state constitution, subject to Supreme Court review. But what is the appropriate scope of judicial review of such ballot initiatives? Does the single-subject rule enable outcome-driven judicial decision-making? This panel will discuss these questions and others in the context of the Adult Personal Use of Marij...
Panel I: Federalism and the Separation of Powers 18.03.2024 1:30:34
It has been said that American-style split sovereignty provides the people a “double security” for their liberties. And a distinct security too: where the Framers’ primary restraint on the avarice of the United States was the enumeration of its powers, each state is omnipotent and yet typically bound by a thicker conception of the proper ends of government. But these separate sov...
Panel Three: School Choice and Trust in Education 28.02.2024 1:20:39
Traditionally, education has been seen as instilling the common shared civic values that Americans have held for since the nation’s founding. As the educational establishment has become increasingly more progressive, many states have begun to offer alternatives to traditional public-school education, particularly in the wake of the Covid pandemic when many schools were shut down. This has in...
Panel Two: Do Citizens Still Trust the Democratic Process? 28.02.2024 1:27:21
From the 1960s onward, election lawyers on the political left focused on securing and expanding voting access. Lawyers on the political right focused on ensuring the integrity and accuracy of the voting process. Now, most academic literature suggests that there's fairly little disenfranchisement and fairly little voter fraud. Despite this evidence, the voting process has become increasingly contro...
Panel One: Judicial Independence and Trust: Has Article III Become Too Political? 28.02.2024 1:29:40
All levels of the judiciary have faced increased attacks on their independence in recent years. Even trial court judges have faced increased scrutiny, particularly those in single-judge districts and those who have granted nationwide injunctions. “Reform” proposals such as adding justices, term limits, ethics codes, abolishing blue slips, and limiting the Court’s jurisdiction hav...
Remembering William Consovoy 06.02.2024 59:19
Join the DC Young Lawyers Chapter and the George Mason Student Chapter for an evening conversation and reception. Featuring: Prof. Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University Thomas McCarthy, Partner, Consovoy McCarthy PLLC; Adjunct Professor, George Mason...
A Plea for Free Speech in Boston, Remembering Frederick Douglass's 1860 Speech 12.12.2023 54:55
On Wednesday, November 29, the Harvard Student Chapter held a conversation, produced in partnership with the Harvard Alumni for Free Speech, featuring Prof. Randall Kennedy and Prof. Nadine Strossen to commemorate the 164th anniversary of Frederick Douglass's "Plea for Free Speech in Boston." Featuring: Prof. Randall Kennedy, Michael R. Klein Professor of Law, Harvard Law School Prof. Nadine Stros...
Panel Discussion: The Consequences of Disruption 20.11.2023 1:11:45
Collegiality and the presumption that opposing counsel work together in good faith are bedrocks of the American legal profession, as well as unpopular ideas and clients being able to obtain competent representation and equal access to justice under the law. In recent years, there has been an increase in disruptive activity in law schools. We have seen law students declare ideas "too harmful" for o...
Panel Discussion: Legal Challenges Involving Gender Identity Post-Bostock 20.11.2023 1:17:49
Litigation and legislation involving complex issues regarding gender identity are at the forefront of public interest. States and other authorities face questions about legality, morality, or advisability of treatment for minors. Courts are being asked to adjudicate who can participate in sex-segregated sporting competitions. Advocates on all sides of these complex gender identity issues portray t...
Showcase Panel IV: How Originalist is the Supreme Court? 17.11.2023 1:33:13
Featuring: Prof. J. Joel Alicea, Co-Director, Project on Constitutional Originalism and the Catholic Intellectual Tradition, Assistant Professor of Law, Columbus School of Law, The Catholic University of America Prof. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center; Founding Director, Georgetown Center for the Constitution Prof. Richard H. Fallon,...
15th Annual Rosenkranz Debate & Luncheon 17.11.2023 1:20:22
The 2023 National Lawyers Convention will take place November 9-11, 2023 at the Mayflower Hotel in Washington, DC. The topic of the conference is "Originalism on the Ground." The final day of the conference will feature the fifteenth annual Rosenkranz Debate. RESOLVED: States Can Constitutionally Regulate the Content Moderation Policies of Facebook and Twitter Featuring: Prof. Richard Epstein, Lau...
The Injunction Function: Is IP Law Promoting Markets for Innovators and Creators? 17.11.2023 1:34:14
In patent and copyright law, injunctions are now a subject of significant policy debate. Innovators say they are unable to stop predatory infringement. Creators state they are unable to stop large-scale piracy websites. If so, this undermines the rewards promised by the intellectual property system and devalues the commercial assets that drive the global innovation economy in new technologies and...
Nightmare on Half Street? Free Speech and the NLRB 17.11.2023 1:26:53
Is the National Labor Relations Board doing more than any other federal agency to impose broad restrictions on non-coercive speech, based exclusively on whether the speaker is an employer? Under other statutes, speech prohibitions require evidence of actual threats, unlawful retaliation or potential injury to health and safety, and the National Labor Relations Act expressly protects the right to e...
Second Amendment: Will the Supreme Court Adhere to Bruen (and Originalism) in Rahimi and Beyond? 17.11.2023 1:28:24
Oral argument was held in U.S. v. Rahimi on November 7, 2023. The case asks whether 18 U.S.C. Section 922(g)(8), which prohibits possession of firearms by persons subject to domestic violence restraining orders violates the Second Amendment on its face. What does the Court's jurisprudence foretell about the decision? Is there an obvious originalist answer? Featuring: Prof. William G. Merkel, Assoc...
Showcase Panel III: Originalism on the Ground 17.11.2023 1:42:01
Featuring: Prof. John C. Harrison, James Madison Distinguished Professor of Law, University of Virginia School of Law Hon. Randolph Moss, United States District Court, District of Columbia Hon. Andrew S. Oldham, Judge, United States Court of Appeals, Fifth Circuit Prof. Jed H. Shugerman, Boston University School of Law Moderator: Hon. Gregory G. Katsas, Judge, United States Court of Appeals, Distr...
Mere Natural Law 17.11.2023 1:21:39
The U.S. Supreme Court’s originalist jurisprudence has been on display in its most recent terms – consider the constitutional analysis in major cases like Bruen and Dobbs. But is the Court’s originalism sound? In his newly released book, Mere Natural Law, Professor Hadley Arkes argues that the Court’s ascendant mode of interpretation insufficiently relies up...
22nd Annual Barbara K. Olson Memorial Lecture 17.11.2023 51:11
(Ticketed event) On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society believes that it is most fitting to dedicate an annual lecture on limited government and the...
Fair Elections in an Era of Partisanship 17.11.2023 1:37:50
Recent years have seen unprecedented controversies about election rules, including mail-in ballots and drop boxes, partisan and racial gerrymandering, early voting, ballot harvesting, and methods of vote counting. Because election laws have partisan consequences, the legislators who make election laws, the officials who administer elections, and the judges who decide election cases are often suspe...
FISA Section 702 Revisited: Originalist Interpretations and Constitutional Constraints 17.11.2023 1:25:38
Featuring: Hon. Stewart Baker, Of Counsel, Steptoe & Johnson LLP Hon. Beth A. Williams, Board Member, United States Privacy and Civil Liberties Oversight Board Mr. Gene C. Schaerr, Partner, Schaerr Jaffe LLP Prof. John Yoo, Emanuel Heller Professor of Law, University of California Berkeley School of Law Moderator: Hon. Paul Matey, United States Court of Appeals, Third Circuit
Insurrection and the 14th Amendment 17.11.2023 1:01:07
Updated 12/20/2023: The Colorado Supreme Court recently decided Former President Donald Trump in ineligible to appear on the 2024 ballot. Read that decision here. Featuring: Prof. William Baude, Professor of Law and Faculty Director, Constitutional Law Institute, University of Chicago Law School Prof. Michael W. McConnell, Richard and Frances Mallery Professor and Director, Constitutional Law Cent...
Originalism and the Communications Act of 1934 17.11.2023 1:16:50
In recent months, the U.S. Senate confirmed a third Democratic Commissioner at the Federal Communications Commission, putting the agency in full force for the first time since January 2021. This panel will focus on the FCC’s likely agenda as we look to 2024. It will also explore the bounds of the Communications Act of 1934, as updated by the Telecommunications Act of 1996, when applied t...
SFFA and Beyond 17.11.2023 1:22:23
This year the Supreme Court issued its long-awaited decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. The Court held that the admissions programs of Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment. The Court’s ruling elevates a colorblind reading of the Fourteenth Amendment. In...
The Administrative State, Its Supporters and Its Discontents 17.11.2023 1:29:18
The administrative state - the agencies comprising the Executive Branch of the U.S. federal government - has exploded in size and reach since 1946 when President Truman signed the Administrative Procedure Act into law. The APA has been amended a bit since then, but has it kept up with current challenges? While the Executive Branch has been growing, the other two branches of government have been ch...
Fireside Chat with FTC Chair Lina Khan 17.11.2023 44:20
Featuring: Hon. Lina M. Khan, Chair, Federal Trade Commission Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia, Law School, George Mason University
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