FedSoc Forums

On Friday, June 23, 2023, the Supreme Court released its decision in United States v. Hansen. At issue in Hansen was whether 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i), a federal criminal statute that prohibits encouraging or inducing unlawful immigration for commercial or financial benefit sometimes termed “the encouragement provision,” violates the First Amendment. Helamen Hansen operated an advisi...

In October 2022, President Biden issued an executive order regarding the European Union - U.S. Data Privacy Framework. The Framework allows for data flows between the EU and the U.S., and it was established after the European Court of Justice struck down a prior agreement known as the EU-U.S. Privacy Shield. The executive order addresses U.S. collection of signals intelligence, which has been a so...

If a federal agent violates a citizen’s constitutional rights, does a justiciable cause of action arise? If yes, do federal courts have the power to award damages for constitutional violations? These questions have been considered by the U.S. Supreme Court in cases like Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (1971) and Egbert v. Boule (2022). Three state supreme courts h...

Two cases concerning the FDA’s approval of Mifepristone, Alliance for Hippocratic Medicine v. United States Food and Drug Administration (AHM v. FDA) and Washington v. United States Food and Drug Administration (WA v. FDA) have caused significant conversations concerning the FDA’s approval processes, statutes of limitation for challenges to approvals, standing, administrative r...

In February 2023, Russian President Vladimir Putin announced that Russia would withdraw from the New START arms reduction treaty, which was the last remaining arms control treaty between the two nations that together control almost 90% of the world’s nuclear warheads. Then, in March, Putin announced that Russia would place nuclear-capable ballistic missile systems in Belarus, which shares a border...

In Sackett, the Court clarified one of the longest-standing environmental law challenges: defining “waters of the United States.” The Court unanimously rejected the “significant nexus” test for jurisdiction and adopted the “relatively permanent waters” test from the plurality decision in the 2006 case, Rapanos v. United States. Also in Sackett, a 5-4 majority narrowed the definition of adjacent we...

On Thursday, June 8, 2023, the Supreme Court issued its decision in Allen v. Milligan. The case considered whether the districting plan adopted by the State of Alabama for its 2022 congressional elections violated §2 of the Voting Rights Act. §2 of the Voting Rights Act reads – “No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by an...

Most of the public debate about administrative deference has been focused on federal agencies and the Chevron and Auer doctrines. There is an old adage though that “You can’t fight City Hall.” This panel discussion among current and former local government attorneys took a critical look at this adage through the lens of administrative deference at the local level. Topics included an evaluation of...

Artificial intelligence is a remarkable, disruptive force. AI services like ChatGPT already perform tasks once thought impossible for computers to complete. And AI's capabilities are growing exponentially. Although AI promises many benefits, it also carries risks and potential for abuse, which has led some commentators across the ideological spectrum to call on the government to regulate AI. What...

Section 504 of the Rehabilitation Act of 1973 protects qualified "individuals with disabilities" from discrimination by "programs or activities" that receive federal funding. The word disability is defined in Title 42 USC Section 12102, and it is noted that the definition "shall be construed in favor of broad coverage." Similarly, 504 regulations cover a wide array of "programs or activities" - co...

Recently, the application of Textualism by the Supreme Court of the United States--the predominant method of statutory interpretation that favors the plain meaning of text over legislative intent, statutory purpose, or legislative history--has given rise to rich debate as to its legitimacy, vitality, and future application. This webinar explored and advanced that debate with some of the leading mi...

On May 18, the Supreme Court ruled unanimously in favor of Sanofi in its dispute with Amgen over alleged patent infringement. The case involved the application of the statutory enablement requirement of Section 112 of the patent laws to what is referred to as a "genus claim" as it applies in the context of pharmaceutical applications. The two patents in dispute relate to antibody drugs that reduce...

On May 18, the Supreme Court ruled in favor of rock and roll photographer Lynn Goldsmith in a dispute between Goldsmith and the Andy Warhol Foundation regarding Warhol’s works based on Goldsmith’s photo of the musician Prince. The fair use doctrine excuses from liability certain unlicensed uses of copyrighted works, and the question before the Court was whether Warhol’s creation of a series of pai...

On Thursday, May 25, 2023, the Supreme Court issued a unanimous decision in Tyler v. Hennepin County, Minnesota, a landmark case addressing property rights under the Takings Clause. The case specifically focuses on the issue of "home equity theft," which refers to a practice of local governments seizing a property’s entire value to settle a much smaller delinquent property tax debt. Hennepin Count...

On Thursday, May 18, 2023, the Supreme Court issued opinions in Gonzalez v. Google and Twitter v. Taamneh. In the Twitter case, the Court unanimously reversed the Ninth Circuit and held that plaintiffs “failed to state a claim under [18 U.S.C.] §2333(d)(2).” Justice Thomas wrote for the Court and Justice Jackson issued a concurring opinion. In Gonzalez, the Court issued a per curiam opinion vacati...

In recent years, American organizations of all kinds have dedicated resources towards diversity, equity, and inclusion (DEI) initiatives. These initiatives have become a staple of policy, hiring practices, personnel training, organizational structure, and more. Educational institutions, and higher education in particular, have shown a commitment to DEI. Do DEI practices in colleges and universitie...

Following a surge in many types of violent crime in 2020 and 2021 that has only recently begun to ebb in some places, many state legislatures, especially in southern states, have passed or are considering policies that are designed to result in longer periods behind bars for those convicted of serious violent crimes. Policy proposals include imposing or lengthening mandatory minimums, removing par...

LTL Management LLC (LTL) is a subsidiary of Johnson & Johnson (J&J) that was established in 2021 to hold and manage claims related to a mass tort alleging that J&J’s talc-based baby powder caused many cases of ovarian cancer, mesothelioma, and other serious health issues. J&J claims that settling the mass tort in this manner is a reasonable and legitimate course of action. Some pla...

For decades, the WTO Appellate Body regularly ruled that American laws violated the various WTO treaties. This forced Congress to rewrite WTO non-compliant statutes and altered U.S. policy on issues related to trade, the environment, and taxes - amongst others. In December 2019, however, a U.S. campaign to block Appellate Body judge nominations paralyzed the entire WTO Appellate Body system. As a...

On Wednesday, April 26th, the Supreme Court heard oral argument in Tyler v. Hennepin County, Minnesota. Hennepin County foreclosed on Geraldine Tyler's home to cover her delinquent property taxes, selling the home for $40,000 and keeping the $25,000 surplus as profit. Tyler argues that the county cannot take the equity in her home and has asked the Supreme Court to declare the forfeiture of her ho...

In 2003, Professor Brian Fitzpatrick published a piece titled "The Diversity Lie" in which he discussed the recently decided Grutter v. Bollinger case. Twenty years later, the Supreme Court is on the precipice of deciding two important affirmative action cases in SFFA v. Harvard and SFFA v. UNC. How has Professor Fitzpatrick's analysis held up against the test of time? How has the Supreme Court ch...

The announcement that the Taiwan President will visit the United States in early April has brought renewed attention to the potential conflict between the US and China over Taiwan. Additionally, some experts assert that the ongoing conflict between Russia and Ukraine has further intensified the need for the US and China to prepare for a possible military confrontation. Despite this perceived urgen...

On April 19, 2023, the Court considered a question of free speech and criminal law: whether, in order for a statement to be categorized as a "true threat" and thus not protected under a right to free speech, the speaker must subjectively know or intend the threatening nature of the statement, or whether it is enough that an objective "reasonable person" would regard the statement as a threat of vi...

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. Slack Technologies v. Pirani (April 17) - Securities, Financial Services; Whether, to bring a securities lawsuit alleging misstatements in a registration statement, a plaintiff must plead and show that he bought shares registered unde...

Geraldine Tyler, a ninety-three-year-old homeowner, owed Hennepin County, Minnesota, nearly $12,700 in delinquent property taxes, plus interest, penalties, and costs. To cover her debt, the County foreclosed on her home and sold it for $40,000. However, the County also kept the surplus $25,000 as profit. Minnesota, along with thirteen other states, authorize various government agencies to satisfy...