FedSoc Forums

The First Amendment’s church autonomy doctrine sets a structural constitutional barrier keeping the State from interfering in certain matters of a church. While the doctrine’s roots go deeper than even the nation’s Founding, how exactly it protects churches has recently and sharply divided courts. Some courts say it provides broad protections for matters falling within its scope&...

Originalism has quickly become the leading approach to interpreting the U.S. Constitution, drawing from the work of Justice Antonin Scalia and others over the past three decades. But what place does originalism have in the states? State constitutions often contain unique provisions that have no federal analogue. Take Alaska's unique constitutional provision empowering grand juries to investigate m...

With the growth of the administrative state over the last half-century, an equal expansion has occurred in the number of actions committable by individual citizens that can be prosecuted as crimes. At President Trump’s direction, the U.S. Department of Justice has initiated a new round of reforms aimed at ending “over-criminalization” of the Nation’s complex web of regulato...

America has historically led the way in intangible property rights. We were the first country to recognize copyright and patents in our constitution and became the first to recognize trade secrets as protectable assets in 1868. Property rules assume that the rights-holder has superior knowledge about how to use the property— when to share, when to exclude, and when to sell—and would do...

The Trump Administration has been exploring new ways to tighten requirements for direct-to-consumer advertisements for prescription drugs. In its recent budget proposal, the Food and Drug Administration is asking Congress for new powers to deem drugs misbranded if they lack "fair balance" or create a "misleading impression" about a drug's approved uses or efficacy. In recent months, FDA has sent l...

In First Choice Women’s Resource Centers, Inc. v. Davenport, the New Jersey Attorney General, Matthew Platkin, issued a subpoena to a faith-based, pro-life, nonprofit, requiring that it turn over years of sensitive information, including the names and contact information of its donors. First Choice Women’s Resource Centers, which provides free medical services and is funded by private...

In Louisiana v. Callais, the Supreme Court struck down Louisiana's congressional map, holding that the state had unconstitutionally relied on race in drawing district lines. The state's first map following the 2020 census contained one majority-black district, but the state redrew the map after a district court suggested that Section 2 of the Voting Rights Act required the state to create two majo...

In this Federalist Society America250 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. During the constitutional convention, Alexander Hamilton raised the idea of a presidential pardon power, borrowing from the British monarchy’s prero...

What happens when confidential Supreme Court deliberations make their way into the press—most recently through a New York Times report based on leaked internal “shadow docket” materials? Join the Federalist Society for a timely briefing examining the Times’ reporting on internal Court memos and emergency docket decision-making, and what such leaks mean for j...

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. Sripetch v. Securities and Exchange Commission, (April 20) - Corporations & Securities; Issue(s): Whether the SEC may seek equitable disgorgement under 15 U.S.C. 78u(d)(5) and (d)(7) without showing investors suffered pecuni...

Foreign influence operations have become increasingly important in geopolitical competition and American national security. China is among the most active would-be influencers, with efforts to infiltrate decision-making in federal, state, and local governments, corporate America, Silicon Valley and Wall Street, within cultural and educational institutions, and most importantly, within the minds of...

The GENIUS Act of 2025 was a watershed moment in the legal framework for stablecoins, but now implementing regulations are due in July, and many key questions are far from settled. How will the regulation will be carried out, how will systemic risks be addressed, how big a role will banks play in stablecoins, what role will stablecoins assume in the broader payment system, how will yield-bearing a...

Chiles v. Salazar addressed whether a Colorado law prohibiting “conversion therapy” violates the First Amendment. The case arose from a challenge to a Colorado law that limited what licensed therapists could say about gender and sexuality when counseling gay and transgender clients. Kaley Chiles, a professional counselor, argued that the law infringed her First Amendment right...

In March 2025, the U.S. Department of Education began investigating dozens of colleges - including Harvard and Columbia - for possible violations of Title VI of the Civil Rights Act for their alleged failure to protect Jewish students from harassment and discrimination on campus. The administration threatened to withhold federal funding and many colleges struck deals to preserve their funding. Cri...

Nearly two centuries after President James Monroe announced a landmark foreign-policy principle in his 1823 address to Congress, the Monroe Doctrine continues to resonate and prompt debate in U.S. strategic thinking toward Latin America. Originally articulated to warn European powers against new colonial ventures in the Western Hemisphere and to assert a sphere of influence rooted in American secu...

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. Watson v. Republican National Committee, (March 23) - Election Law; Issue(s): Whether the federal election-day statutes, 2 U.S.C. § 7, 2 U.S.C. § 1, and 3 U.S.C. § 1, preempt a state law that allow...

Is the FACE Act being enforced as Congress originally intended or has its selected application raised serious concerns about fairness, constitutional limits, and the protection of pro-life Americans? The FACE Act has returned to the national spotlight following charges against former CNN anchor Don Lemon for interfering with the religious exercise of worshippers at a Minnesota church last month. E...

On March 2, 2026, the Supreme Court will hear oral argument in United States v. Hemani. This case explores whether a federal law that criminalizes possession of firearms by an individual who is an "unlawful user of or addicted to any controlled substance" violates the Second Amendment. The U.S. Court of Appeals for the Fifth Circuit held this law unconstitutional as applied to most drug users, det...

In Suncor Energy, Inc., v. Commissioners of Boulder County, the Supreme Court will consider whether state courts may use tort law to impose what amounts to a nationwide climate regulatory regime—despite Congress’s central role in addressing interstate and international emissions. Colorado local governments sued several energy companies in state court, asserting nuisance, trespa...

Modern life is increasingly dependent on the internet, but with dependence comes vulnerability. Popular websites enable fraud, disinformation, and harassment. Although anyone on the internet can be at risk, particular age demographics, including children and the elderly, are exposed to threats ranging from social media risks to online harassment to much worse. Federal efforts to legislate solution...

Immigration policy has significant impacts on businesses, and the debate over wise immigration policy includes many economic and political considerations. This panel will discuss the most significant challenges that immigration policy poses for businesses, including the future of H-1B visas and I-9 enforcement. Featuring: Simon Hankinson, Senior Research Fellow, Border Security and Immigration Cen...

This week, investment fund manager The Vanguard Group committed to ending its ESG-driven investment initiatives, ceasing any efforts to influence portfolio companies’ business strategies toward carbon-emissions reductions, enhancing disclosure of its proxy voting activities, and producing records related to its participation in climate-related organizations. The multi-state suit, led by...

What are the FTC’s 2026 priorities in the areas of consumer protection, privacy, and artificial intelligence? This panel will discuss FTC's enforcement, policymaking, and rulemaking priorities and how they may differ from those in the Biden Administration. The panel is happy to take questions from the audience in advance of the webinar. Please send any questions to matthew.sawtelle@fed-soc.o...

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. Havana Docks Corporation v. Royal Caribbean Cruises, (February 23) - International Law, LIBERTAD Act; Issue(s): Whether a plaintiff under Title III of the LIBERTAD Act must prove that the defendant trafficked in property con...

As debates over birthright citizenship intensify in legal and public spheres, this webinar will explore the constitutional, historical, and jurisprudential foundations of the Citizenship Clause of the Fourteenth Amendment. Drawing on their recent scholarship in the Harvard Journal of Law & Public Policy, our panelists will examine how original meaning, common-law antecedents, and modern le...