FedSoc Forums

On November 8, 2022, the U.S. Supreme Court will hear oral argument in Mallory v. Norfolk Southern Railway. Petitioner Robert Mallory, a Virginia resident, sued Virginia-based Norfolk Southern in sued in the Court of Common Pleas, the court of general jurisdiction in Pennsylvania, claiming that exposure to carcinogens while working for the company caused him to develop colon cancer. According to h...

In one of its most significant separation of powers opinions, the U.S. Supreme Court decided Humphrey’s Executor v. United States 87 years ago, in which it held that President Roosevelt’s authority to remove a commissioner that his predecessor nominated and the Senate confirmed to the Federal Trade Commission was not “illimitable” under the Constitution. The...

On November 7, 2022, the U.S. Supreme Court will hear oral argument in Michelle Cochran v. U.S. Securities and Exchange Commission. In April 2016, the Securities and Exchange Commission (SEC) brought an enforcement action against Michelle Cochran, a certified public accountant, alleging that she had failed to comply with federal auditing standards. A SEC administrative law judge (ALJ) determined C...

In Tiwari v. Friedlander, the Petitioners ask the Supreme Court to grant certiorari to address whether the Fourteenth Amendment requires meaningful review of restrictions on the right to engage in a common occupation. The petition argues that the right to engage in a common occupation is deeply rooted in the nation’s history and tradition, but its protection has been inconsistent, sometimes leadin...

In August 2022, the Biden administration announced plans to cancel up to $20,000 in student loan debt per person for more than 40 million Americans. To do this, the Department of Education relies on the HEROES Act which, as an aid to veterans and their families, allows the government to modify student loans during times of war or national emergency. On September 27, 2022, the Pacific Legal Foundat...

On October 31, 2022, the U.S. Supreme Court heard Students for Fair Admissions Inc. v. President & Fellows of Harvard College. In perhaps the most anticipated case of this term, the court considers a challenge to the use of racially preferential undergraduate student admissions practices at Harvard University and the University of North Carolina. Our experts broke down the oral argument on the...

The use of presidential emergency powers has raised controversy under administrations of both parties. President Trump’s attempt to transfer funds to build his border wall, the CDC’s eviction moratorium and OSHA vaccine mandate, Title 42 border expulsions, and President Biden’s student loan forgiveness plan have all raised questions of overreach. This panel explored t...

Tornado Cash is an open source, decentralized cryptocurrency tumbler that was introduced in 2019. The service allows users to mix identifiable Ethereum cryptocurrency funds with others, thus obscuring the trail back to the funds original source. On August 8, 2022, the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Tornado Cash, making it illegal for United States citizens,...

Each month, a panel of experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this program are included below. Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (October 31) – Whether institutions of higher education can use race as a factor in admissions; and whether Harvard University is violating Title VI of the Civil Righ...

What did the American Founders mean when they declared religious liberty to be an “inherent,” “natural” and “inalienable” right? Does the right to religious liberty provide religious exemptions from generally applicable laws? What is wrong with a state establishment of religion? In Religious Liberty and the American Founding, Vincent Phillip Muñoz addresses these questions and others, offering a n...

In National Pork Producers Council v. Ross, the Supreme Court will address the dormant commerce clause in the context of a California law regarding the housing of farm animals. Specifically, the Court will decide "whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of t...

The Supreme Court is considering a lawsuit between rock and roll photographer Lynn 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. The question before the Court in Warhol v. Goldsmith is whether Warhol’s creati...

Russia’s invasion of Ukraine shocked the world – and directed renewed attention to the global energy system. Suddenly, the topic of energy security rose to the forefront as consumers across the globe began to feel the impact of the conflict when filling their gas tanks and paying their electricity bills. As Europe struggles to disentangle itself from dependence upon Russian energy sources, the Uni...

Religious employers are exempt under §§ 702(a) and 703(e)(1), 42 U.S.C.2000e—1(a) and 2000e—2(e)(1), when sued under Title VII of the Civil Rights Act of 1964, as amended. However questions can still arise when Religious employers undertake actions that would allegedly be problematic under Title VII for non-religious employers. What is the scope of the exemption? What is the definition of religion...

One of the longest-standing environmental law challenges is how to define the scope of waters regulated under the Clean Water Act known as “waters of the United States” (WOTUS). After decades of regulatory uncertainty, the Supreme Court has again taken up a case that may provide clarity. On October 3rd, the Court will hear oral argument in Sackett v. EPA, the first case of this...

On October 4, 2022 the U.S. Supreme Court heard oral argument in Merrill v. Milligan. Following the 2020 Census, the Alabama Legislature redrew its congressional district lines to account for shifts in the state’s population. With these new lines, only one of the state’s seven congressional districts was majority-minority. Several plaintiffs sued, asserting the districts violated Section 2 of the...

Faced with relentless cyberattacks and intrusions that could imperil democracy, how should Western nations respond? This teleforum will discuss problems in the application of existing law and norms to reduce international cyber conflict. It will also explore possible new approaches involving a concentrated and coordinated deterrence strategy as well as technological innovations to secure vital are...

The 2021 Infrastructure Investment and Jobs Act requires the Federal Communications Commission and the Department of Justice to "ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination." Watch this discussion on the FCC's ongoing efforts to effectuate this portion of the statute and how policymakers can best achieve the...

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases that will be covered are included below. Sackett v. Environmental Protection Agency (October 3) – environmental law; water policy regulations; administrative law Delaware v. Pennsylvania and Wisconsin (October 3) – State claims dispute over trave...

The Fourteenth Amendment prohibits anyone who has engaged in insurrection or rebellion against the United States after swearing an oath to support the Constitution from ever holding public office again. In light of this Disqualification Clause, some have called for participants in the riot that occurred on January 6, 2021 to be barred from future elections. Who has the authority to enforce this pr...

The government of Communist China has insisted – and the U.S. government has officially acknowledged since 1979 – that Taiwan is part of China. Does that mean international law imposes no limits on Chinese coercion or intimidation of Taiwan? Do U.S. international agreements in the region require (or prohibit) U.S. military aid to Taiwan in the event of open conflict with China?...

Events of 2022 brought a "crypto winter," with average prices of cryptocurrencies falling about 70% from their 2021 highs, the bankruptcy of several crypto companies, the complete collapse of a popular so-called "stable" coin, unexpected suspensions of withdrawals by some crypto issuers, large losses by individual investors, and heightened efforts toward expanded regulation and legislation. What d...

The past few years have witnessed a flurry of new scholarship related to the original meaning of the Fourteenth Amendment, particularly the Privileges or Immunities Clause and its associated citizenship declarations. Evan Bernick, a professor at Northern Illinois University, is the co-author with Randy Barnett of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit. Christopher...

In his recent book, Classified: The Untold Story of Racial Classification in America, Professor David Bernstein breaks down the history of American racial classifications, and raises questions about the classifications’ coherence, logic, and fairness. Professor Bernstein joined us to discuss his book and the role that racial classifications should or should not play in our society. Featuring: --Pr...

Please join these experts as they review religious liberty at the Supreme Court in 2022. Featuring: --Prof. Mark L. Rienzi, President & CEO, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University --Moderator: Prof. William L. Saunders, Professor, The Catholic University of America; Co-Director of the Center for Religious Liberty...