A Seat at the Sitting - November 2022

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 Rights Act by purportedly penalizing Asian American applicants.

• Students for Fair Admissions, Inc. v. University of North Carolina (October 31) – Whether institutions of higher education can use race as a factor in admissions; and whether a university can reject race-neutral admissions without proving that such action would damage the student body or standard of education.

• Securities and Exchange Comm’n v. Cochran (November 7) – Whether a federal district has jurisdiction to hear a suit in which the respondent in an SEC administrative proceeding seeks to enjoin that proceeding based on an alleged constitutional defect regarding the removal of administrative law judges.

• Axon Enterprise, Inc. v. Federal Trade Comm’n (November 7) – Whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC by granting the courts of appeals jurisdiction over FTC cease-and-desist orders.

• Haaland v. Brackeen (November 9) – Equal protection clause; whether the Indian Child Welfare Act of 1978 violates the anti commandeering doctrine of the 10th amendment.

Featuring:

• Jennifer Weddle, Shareholder, Greenberg Traurig
• Margaret A. Little, Senior Litigation Counsel, New Civil Liberties Alliance
• Alison Somin, Legal Fellow, Center for the Separation of Powers, Pacific Legal Foundation
• Elyse Dorsey, Partner, Kirkland & Ellis LLP
• Moderator: Amy Howe, Howe on the Court