FedSoc Forums

After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes were unconstitutional as those statutes were beyond the power of Congress to enact, some claimed it was the dawn of a new federalism revolution. However, such challenges to federal power did not seem to continue. Now, a new case McNutt v. DOJ, once again directly challenges whether a federal...

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. Louisiana v. Callais (March 24) - Election law, Civil Rights; Issue(s): (1) Whether the majority of the three-judge district court in this case erred in finding that race predominated in the Louisiana legislature’s...

In February 2025, the Fifth Circuit issued an opinion in United States v. Peterson, ruling that suppressors were not "firearms" and thus not subject to Second Amendment protection. George Peterson was the proprietor of PDW Solutions, LLC, a firearm business that he operated in part out of his home. In summer of 2022, as part of an ongoing Bureau of Alcohol, Tobacco, and Firearms (ATF) investigatio...

Devas v. Antrix considers whether foreign governments are protected by the Fifth Amendment’s Due Process Clause in the context of international arbitrations. The Ninth Circuit held that Antrix, an Indian government-owned corporation, lacked sufficient “minimum contacts” to meet the Due Process Clause and therefore dismissed attempts by petitioner Devas to enforce an arbitration a...

Environmental Justice - an effort to affirmatively address disproportionate pollution and environmental burdens borne by low-income and minority communities - grew from an Executive Order by President Clinton in 1994 through expanded efforts across the entire federal government with special emphasis at DOJ and the EPA in the Biden Administration. President Trump issued an Executive Order on his se...

City and County of San Francisco v. Environmental Protection Agency concerned whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their disc...

Over the past couple of weeks, there have been several developments in the litigation surrounding the Trump Adminsitration’s directives pausing disbursements of foreign development assistance funds. On February 25, 2025, a D.C. District judge ordered the Administration to issue a portion of the payments that it had previously sought to pause by the next day (that is, by 11:59 p.m. on Februar...

In late January, President Donald Trump fired Gwynne Wilcox, a member of the National Labor Relations Board. The termination was controversial because Member Wilcox, like all Board members, was arguably protected from removal by the National Labor Relations Act. The Act says that a Board member may be removed only for “malfeasance” or “neglect of duty.” It also requires the...

The Harrisonburg City school board enacted a policy that required school staff to affirm the board’s view on gender identity including when it conflicted with the staff’s own religious beliefs. Upon any child’s request, the school district policy required staff to immediately begin using opposite-sex pronouns and forbid staff from sharing the information with parents. Middle-scho...

The recent flurry of firings in the federal government has sparked new questions surrounding the president’s removal power and its limits. Several lawsuits have now been filed over precisely these questions. These suits could bring an old case back to the forefront—Humphrey's Executor v. United States—in which the Supreme Court ruled that the president cannot constitutionally rem...

Marlean Ames, a straight woman, was denied promotion and later demoted in her role at the Ohio Department of Youth Services by her lesbian supervisor. The position she sought and her former position were then given to a lesbian woman and a gay man respectively. This prompted Ames to file suit under Title VII of the Civil Rights Act of 1964, arguing that she was unlawfully discriminated against bas...

In Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos Mexico brought suit against several U.S. gun manufacturers including Smith & Wesson, alleging, among other things, that they were in part liable for the killings perpetrated by Mexican cartels. Mexico argued that the gun manufacturers know the guns they sell are/may be illegally sold to the cartels and thus are the proximat...

President Trump and his Administration are moving quickly to focus on different priorities for and make reforms to the U.S. Department of Justice. This conversation, with a veteran of the Department who served in the transition for this new Administration, will explore these new priorities and discuss how they may impact criminal and civil enforcement of federal laws and, therefore, justice in the...

This program will explore key lessons learned on the role of language in shaping the gender debate, including the implications of replacing the term “sex” with “gender.” The speakers will examine where the feminist and conservative positions on gender diverge, analyze the current landscape, and offer perspectives for the future. Join May Mailman, former Lega...

In June 2021, the Superior Court of Connecticut approved amendments to Connecticut Rule of Professional Conduct 8.4, which defines professional misconduct. The amendments expanded the definition of misconduct in subsection (7) to include engaging in "conduct that the lawyer knows or reasonably should know is harassment or discrimination...in conduct related to the practice of law" based on a long...

Will the 2024 election mark a decisive shift in how U.S. financial regulators approach cryptocurrency and other digital assets? Will the SEC continue its retroactive and reactive regulation, or will it establish clear rules, sensible disclosure frameworks, and targeted enforcement priorities? How will the CFTC balance investor protection, capital formation, market integrity, and innovation? Finall...

The Corporate Transparency Act (CTA) is a sweeping federal statute requiring individuals with significant interests in LLCs and other entities registered under state or tribal law to disclose personal information, unless explicitly exempt. This information is stored in a Treasury Department database maintained by the Financial Crimes Enforcement Network (FinCEN) and accessible by the IRS, federal...

As President Donald Trump embarks on a second term, U.S. policy toward Iran stands at a crossroads. The Islamic Republic appears weaker and more isolated than ever, with its proxies severely damaged and domestic unrest threatening the regime’s stability. Yet, Tehran remains dangerously close to acquiring a nuclear weapon and has deepened its ties with Russia and China. Should Trump revive th...

The international community has focused on the conflict in Gaza between Israel and Hamas following Hamas’ massacre of civilians and taking of hostages on October 7th, 2023. However, after Hezbollah joined Hamas’ attack “in solidarity” by launching rockets and artillery at Israelis on October 8th, a second front opened. Fighting raged along Israel’s northern border thr...

What constitutional protections exist for retired admirals and generals commenting on political candidates, campaigns, and sitting presidents? What constitutes prohibited speech? What enforcement mechanisms exist for any such prohibited speech? What additional national security concerns exist when retired admirals and generals weigh in on politics? Join leading experts to examine the legal paramet...

Where should the line be drawn in the debate between the rights of persons to hold religious beliefs and transgender advocates when it comes to government policies? Whether teachers or others can be compelled to use names and pronouns for students who identify as transgender is becoming a common battleground. The school district in Brownsburg, Indiana ordered Mr. Kluge to use incorrect pronouns, w...

This litigation update will discuss the United Natural Foods case, where a new National Labor Relations Board (NLRB) Acting General Counsel ordered the withdrawal of a Complaint issued against two unions, which occurred shortly after President Biden removed former General Counsel Peter Robb in January 2021. After the Supreme Court eliminated Chevron deference in Loper Bright Enterprises v. Raimond...

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. Gutierrez v. Saenz (Feburary 24) - Federalism & Separation of Powers, Courts; Issue(s): Whether Article III standing requires a particularized determination of whether a specific state official will redress the plain...

In 2025, antitrust and consumer protection remain hot topics in the legal world as a new Congress and Administration begin. Join this FedSoc Forum as we discuss possible antitrust and Federal Trade Commission reforms in the 119th Congress. Featuring: Adam Cella, Chief Counsel for the Administrative State, Regulatory Reform, and Antitrust, House Committee on the Judiciary Thomas DeMatteo, Chief Cou...

The Federal Circuit’s first Chief Judge, the Honorable Howard T. Markey, announced, “In our Court there will be an opinion explaining enough to tell you what the law is in every case.” He added, “We do not just render a one-worded decision and go away.” In recent years, however, the Federal Circuit has routinely issued one-word “judgment[...