FedSoc Forums

As we entered the new year, John Malcolm and John Yoo examined the latest regarding presidential power. In recent weeks, both Colorado and Maine have removed former President Donald Trump from their primary ballots under Section 3 of the Constitution's 14th Amendment. In D.C., House Republicans are are preparing contempt charges against Hunter Biden for defying a congressional subpoena. Tune in to...

Chevron v. NRDC (1984) and subsequent precedents held that courts should defer to agency interpretations of ambiguous statutes. This “Chevron Deference” has been a topic of great debate, with many calling for it to be overturned, while others argue it is a vital part of how Courts address the complexity of law and agency actions. Experts on both sides argue it has implications...

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. Federal Bureau of Investigation v. Fikre (January 8) - Civil Rights, National Security; Whether a lawsuit alleging that the plaintiff was wrongly placed on the “No Fly List” can go forward when the govern...

CLE credit for this event is available at On-Demand CLE. In this CLE webinar, Judge Jennifer Perkins of the Arizona Court of Appeals, Arizona Presiding Disciplinary Judge Margaret Downie, and Greenberg Traurig shareholder Andy Halaby discussed the following areas of legal ethics and professional responsibility: Using artificial intelligence for preparation of legal documents: some ethical implicat...

In Bella Health and Wellness v. Weiser, a Colorado faith-based healthcare provider is challenging a recent Colorado law banning a treatment commonly known as abortion pill reversal on the grounds it forced them to violate their religious beliefs. The law, passed in April 2023, makes it illegal for healthcare professionals to offer progesterone (a naturally occurring hormone crucial to a healthy pr...

With campaign season in full swing, a high-stakes legal and policy battle is intensifying over whether those in prison, on probation and parole, or simply with a past felony record should be eligible to vote. In January 2024, a rare Fifth Circuit en banc hearing will consider Mississippi’s felony disenfranchisement law that was struck down by a divided three-judge panel. Plaintiffs in su...

John Malcolm and John Yoo continued their discussion of presidential power as they examined the latest updates on former President Donald Trump's civil and criminal cases, presidential immunities, and the expected House impeachment vote.

In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts curriculum for Pre-K to eighth grade to include new books centered around LGBTQIA+ issues, including pride parades, gender transitioning, same-sex marriage, and pronoun preferences. Although this concerned some parents, initially parents were notified when the books were being read and could opt the...

Miracle Hill Ministries is one of nearly two dozen private entities with which the state of South Carolina contracts to help serve the thousands of children in its foster care system. Miracle Hill has been operating for over 80 years and, as a faith-based ministry, it chooses to partner only with potential foster parents who affirm its doctrinal statement—a choice that, under regulations...

Former Colorado Corrections Sergeant Josh Young is suing the Colorado Department of Corrections alleging that mandatory Diversity, Equity, and Inclusion training subjected him to hostile work environment discrimination under Title VII of the Civil Rights Act of 1964. Young is being represented by General Counsel of Mountain States Legal Foundation, Will Trachman. Will recently argued the case at t...

The current FTC has criticized prior Commission positions, stating they are making a sharp departure from the decades-long approach they inherited. Almost three years into the current administration, how have these efforts fared? Has the FTC actually adopted a different standard in place of the consumer welfare standard and does it accurately reflect the law, as they claim? How durable will their...

This webinar will explore the complex legal and humanitarian aspects surrounding recent events in the Israel-Palestine conflict. Specifically, this program will feature a discussion of Israel’s military operation in the Gaza Strip, proportionality in armed conflict, and the right to self defense in international law. Following Hamas’s atrocities in Israel on October 7th, the Is...

On November 13, 2023, the Supreme Court formally announced a Code of Conduct, a significant development encapsulated in a 14-page document outlining five canons of conduct. Addressing issues such as judicial recusal and permissible outside activities, the Code consolidates ethical rules guiding the Court's members. This webinar assembles a panel of Supreme Court and Legal Ethics experts to delve i...

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. Brown v. United States (November 27) - Criminal Law; Whether the definition of “serious drug offense” in the Armed Career Criminal Act incorporates the federal drug schedules that were in effect when the...

On November 29, 2023, the U.S. Supreme Court will hear oral argument in SEC v. Jarkesy. The following three questions are presented – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SE...

In June the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. In a 6-3 decision, the Court held that Harvard and the University of North Carolina’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment. Court observers have put forth different analyses concerning how far-reaching this decision may...

On December 5, 2023, the Supreme Court will hear oral argument in Moore v. United States. At issue is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. Professor James W. Ely and Professor Calvin H. Johnson joined us to discuss their amicus briefs examining the original public meaning of the taxing power and apportionment. The discussion...

John Malcolm and John Yoo continued their discussion of presidential power as they examine the repercussions of plea deals taken by former President Trump's allies in Georgia, Michael Cohen's testimony in the New York civil trial, and the status of the 14th Amendment disqualification trial.

Koons v. Platkin is a challenge to certain provisions of New Jersey Bill A4769/S3214 – now known as Chapter 131 – that overhauled the state’s firearms and concealed carry laws following the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. Among other things, the law features 25 broad categories of “sensitive places” where permit holders may not carry a firearm...

United States v. Rahimi, set to be argued before the Supreme Court this fall, raises the question of whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic violence restraining orders, violates the Second Amendment on its face. When executing a search warrant on Texas resident Zackey Rahimi's home in relation to a series of shootings in wh...

On Thursday, June 29, 2023, the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. In a 6-3 decision, the Court held that Harvard and the University of North Carolina’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment. Two months later, The U.S. Departments of Justice and Education issued a jo...

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. Culley v. Marshall (October 30) - Due Process; What test should district courts apply to determine whether a state or local government must provide a hearing to someone who has had property seized under a civil asset forfeit...

Pakistan finds itself in yet another multi-faceted crisis. In response to numerous economic challenges, including the worst inflation in Asia and the risk of default, the government is scrambling to raise funds. But the country's socio-political entities are paralyzed amidst a high-stakes tussle between former Prime Minister Imran Khan and the powerful security establishment--one that has drawn in...

Which Test is it Anyway? Civil Asset Forfeiture and the Right to a Prompt Post-Seizure Hearing at the High Court. The Court will hear argument on Monday, October 30, 2023, in Culley v. Marshall. Petitioners Halima Culley and Lena Sutton contend police seized their vehicles and held those vehicles for more than a year without judicial oversight. The Respondents assert that those vehicles were seize...

Communities across the country are grappling with the complex issues presented by growing homeless encampments that have filled parks, blocked building entrances, and overrun sidewalks. Some observe that their ability to find effective, compassionate solutions have been impacted by the Ninth Circuit opinion in the City of Grants Pass v. Johnson, et al., holding that laws regulating camping on publ...