FedSoc Forums

Last term, the Supreme Court handed down its ruling in Loper Bright Enterprises v. Raimondo. This watershed ruling included the notable line, “Chevron is overruled.” The federal judiciary is now to review agencies’ interpretations of statutes that are “silent or ambiguous” without affording an agency deference. This decision is already affecting administrative law and the review of agency rulemaking. It is being widely cited by both litigants and courts. For example, in U.S. Sugar Corp. v. EPA, the D.C. Circuit recently held that the EPA misinterpreted the term “new” when it classified certain sources of hazardous air pollutants as “new” rather than “existing.” EPA’s determination to make those “existing” sources accountable for the rule’s stricter regulations for “new” sources was vacated. Join us for a discussion of how Loper Bright has already impacted this and other agency actions, and what else we might expect in a post-Chevron world. Featuring: Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law Prof. Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School Prof. Rob Percival, Robert F. Stanton Professor of Law, University of Maryland Carey School of Law Moderator: Jonathan Brightbill, Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP -- To register, click the link above.

When it comes to patent eligibility and statutory construction, does “any” really mean “any?” In the courts, is it permissible to limit statutorily-authorized patent term adjustment based on a doctrine that has no basis in statute? The debate surrounding these issues has only gotten livelier with recent Federal Circuit decisions and a bi-partisan patent eligibility bill working its way through Congress. With this backdrop, please join us for an exciting discussion about whether patent law has run afoul of the basic precepts of textualism and statutory construction, and what, if anything, should be done about it.Featuring:Matthew Dowd, Founder and Partner, Dowd Scheffel PLLCSherry Knowles, Principal, Knowles Intellectual Property StrategiesGene Quinn, President & CEO, IPWatchdog, Inc.Prof. Josh Sarnoff, Professor of Law, DePaul University College of LawModerator: John Rogitz, Managing Attorney, Rogitz & Associates--To register, click the link above.

Mark Rienzi, President of the Becket Fund and a law professor, joins William Saunders, a professor of human rights, to explore pressing topics in religious liberty. They discuss the decline of religious liberty cases in the Supreme Court and examine pivotal legal battles, such as those involving mining rights and abortion mandates. The conversation also highlights the complexities of defining religious entities and the implications of recent Supreme Court decisions on future legal challenges surrounding religious freedoms.

Garland v. VanDerStok concerns whether the ATF's 2022 update to its regulations under the Gun Control Act of 1968, which clarified that federal law requirements that apply to the manufacture and sale of standard firearms also apply to "ghost guns" --readily convertible weapons parts or receiver kits-- exceeds the mandate of the same. The ATF argues it simply clarified what had already been true in response to the notable rise in the use of ghost guns. The challengers, including both two individual gun owners and a gun advocacy organization, challenged the rule, alleging it exceeded the statutory authority granted to the ATF. The Court is now set to consider whether such kits constitute "firearms" and/or "frames or receivers" as regulated under the Act.Oral argument was heard on October 8, 2024.Join us for a Courthouse Steps Oral Argument program with litigating attorney Peter Patterson who argued on behalf of the respondents.Featuring:Peter A. Patterson, Partner, Cooper & Kirk

Professor Ron Rotunda wrote seminal law books that are still used in law schools across the country and was the author of over 500 law review articles and other legal publications. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, by the U.S. Supreme Court and by foreign courts in Europe, Africa, Asia and South America. He was also a member of the Federalist Society’s Professional Responsibility & Legal Education Practice Group. Each year, the Practice Group holds an annual FedSoc Forum in his honor to discuss pressing issues and trends in legal culture.Join us for the 2024 installment in that series, where Erin Murphy will join us for a conversation moderated by Prof. Josh Blackman on the importance of courage as a lawyer as well as the state of the legal profession more broadly.Featuring:Erin E. Murphy, Partner, Clement & Murphy PLLC(Moderator) Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston

Liquefied natural gas (“LNG”) technology has enabled the United States to become the world’s largest exporter of natural gas in recent years, boosting our allies’ energy security and our own domestic economy and trade balance. Some estimates show that U.S. LNG export capacity will almost double over the next several years as facilities currently under construction come online. But LNG has met opposition from those concerned about its environmental impacts – including the Biden Administration, which announced a “pause” on approvals of LNG exports earlier this year.The clash has made its way into the courts: In July 2024, a federal trial judge stayed the administration’s policy, and in August, the D.C. Circuit rescinded FERC’s previous authorization of two LNG projects on the Texas coast due to alleged deficiencies in its environmental analysis. Our panel of experts will discuss these recent policies and rulings, along with the broader implications of American LNG for energy security and international environmental efforts.Featuring: Gabriel Collins, Baker Botts Fellow in Energy & Environmental Regulatory Affairs, Baker Institute for Public Policy, Rice UniversitySpencer Churchill, Associate, Winston & Strawn LLPModerator: Daniel G. West, Director, SCF Partners

The National Telecommunications and Information Administration (NTIA) unveiled the National Spectrum Strategy in November 2023 with significant attention and has since introduced an implementation plan. This webinar will delve into potential implementation scenarios, expected outcomes, and how the upcoming presidential election might influence the strategy's execution.Featuring: Jennifer Warren, Vice President, Technology Policy & Regulation, Lockheed Martin Government AffairsHon. Robert McDowell, Partner, CooleyUmair Javed, Acting Chief Counsel, Office of Acting FCC Chairwoman Jessica RosenworcelModerator: John Kneuer, President and Founder, JKC Consulting LLC

In his new book The Indispensable Right: Free Speech in an Age of Rage, Professor Jonathan Turley turns his attention to current attacks on free speech, analyzing them in the context of the historical, legal, and political traditions of free speech and the First Amendment which frame them. In so doing he discusses the interaction and role of government, academia, media, and others in creating the current climate surrounding speech which he finds troubling.Join us as Prof. Turley and (moderator) Hon. Eileen O'Connor discuss these issues of free speech and the book itself.Featuring:Prof. Jonathan R. Turley, J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center; Executive Director, Project for Older Prisoners, The George Washington University Law School(Moderator) Hon. Eileen J. O'Connor, Founder, Law Office of Eileen J. O'Connor PLLC

Please join us for a fireside chat with Gwendolyn Cooley, former Chair of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force (2021-2024) and former Wisconsin Assistant Attorney General (2005-2024). This candid conversation will cover how State Attoneys General work together across administrations, their work with Federal antitrust agencies, and more. Gwendolyn J. Lindsay Cooley Featuring: Gwendolyn J. Lindsay Cooley, Former NAAG Antitrust Task Force Chair and Former Assistant Attorney General at Wisconsin Department of Justice Moderator: Dina Kallay, Head of Antitrust and Competition Law, Ericsson -- To register, click the link above.

In Laredo, Texas, officials arrested local journalist and regular government critic Priscilla Villarreal for soliciting and receiving “information that has not been made public” with the "intent to obtain a benefit", a felony under a local statute. Ms. Villareal had asked a Laredo police officer for facts about two newsworthy events, which the officer shared and Ms. Villarreal then published. Interestingly, this marked the first time the statute had been enforced, despite sitting on the books for over two decades. Ms. Villareal sued, alleging the law violated her First, Fourth, and Fourteenth Amendment rights. In a deeply splintered 9-7 decision, the en banc Fifth Circuit held those officials have qualified immunity from Villarreal’s First and Fourth Amendment claims. Villarreal has filed a petition of certiorari at the Supreme Court, asking the Court to answer (1) whether it obviously violates the Constitution to arrest someone for asking government officials questions and publishing the information they volunteer and (2) whether qualified immunity is unavailable to public officials who use a state statute in a way that obviously violates the First Amendment. Join us for a litigation update on this interesting case. Featuring: JT Morris, Supervising Senior Attorney, Foundation for Individual Rights and Expression (FIRE) (Moderator) Casey Mattox, Vice President, Legal Strategy, Stand Together