FedSoc Forums

On Thursday, July 25, the Washington, D.C. Lawyers Chapter gathered for the annual Supreme Court Round Up discussing the 2023-2024 term. Featuring: Hon. Paul D. ClementPartner,Clement & Murphy PLLC Mayflower Hotel (Grand Ballroom)1127 Connecticut Ave NWWashington, D.C. 20036

In 2017, New York passed a law requiring employers to cover abortions in their health insurance plans. New York initially planned to exempt religious employers with sincere religious objections but later changed the exemption to protect only religious entities whose purpose is to inculcate religious values and who primarily employ and serve coreligionists. This exempted non-objecting ministries while leaving many religious groups that do object unprotected. Several of these unprotected religious groups—including an order of Anglican nuns, Roman Catholic dioceses, and Baptist and Lutheran churches—sued New York, arguing that the law forced them to violate their deeply held religious beliefs. The New York courts ruled against the religious groups and in 2021, represented by Jones Day and Becket, the groups asked the U.S. Supreme Court to hear its case. The Supreme Court granted the petition, vacated the bad rulings from the New York state courts, and told the state courts to reconsider the case in light of Fulton v. City of Philadelphia. But on May 21, 2024, the New York Court of Appeals found Fulton inapplicable and again upheld the abortion mandate. The religious groups’ cert petition is due on August 18, 2024. Featuring: Lori Windham, Vice President and Senior Counsel, The Becket Fund for Religious Liberty (Moderator) Whitney Hermandorfer, Director of Strategic Litigation Unit, Office of the Tennessee Attorney General

The legal status of cannabis has been a controversial issue ever since the Controlled Substances Act of 1970 (CSA) prohibited its distribution under federal law. That act classified cannabis as a Schedule I drug, a category for drugs that have no legitimate medical use and cannot be used safely even under medical supervision. Schedules II-V are for drugs that have a legitimate medical use and pose a decreasing risk of harm. Congress placed cannabis in Schedule I but authorized the attorney general, in consultation with the Secretary of (what is now) Health and Human Services, to reschedule it. Recently, Attorney General Merrick Garland announced that the Biden Administration has decided to recategorize cannabis and place it into Schedule III. That announcement raises numerous legal, policy, and political issues. Our panelists—Harvard Medical School Professor Bertha Madras and Ohio State Law School Professor Douglas Berman—will discuss them.Featuring:Prof. Douglas Berman, Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State UniversityDr. Bertha K. Madras, Professor of Psychobiology, Department of Psychiatry, Harvard Medical School(Moderator) Paul James Larkin, Jr., Senior Legal Research Fellow, the Center for Legal and Judicial Studies, The Heritage Foundation

In October of 2015, the Environmental Protection Agency (EPA) announced new standards for air quality, some of which had to do with air pollution which is carried across state borders, from “upwind” states to “downwind” states. The EPA required these states to submit plans of implementation but then rejected 21 of those plans as insufficient, instead publishing a federal plan which would enforce certain more stringent ozone pollution controls. This prompted several states and companies to challenge the rule and request a temporary block to its implementation, claiming the controls could lead to power grid emergencies. The EPA and its supporters claim, however, that a stay to the rule could critically affect public health and air quality. The Supreme Court did not speak to those issues, however, but instead stayed the rule after finding a likelihood of success on the claim that the rulemaking was arbitrary and capricious.Ohio v. EPA was argued before the Supreme Court in February and its 5-4 decision was issued this June. The Court ordered that the EPA’s enforcement of their implementation plan be stayed pending the ongoing D.C. circuit merits litigation and the disposition of the applicants’ petition for writ of certiorari.Join Mathura Sridharan, Deputy Solicitor General of Ohio, for a discussion of the facts of the case and the possible future implications of its decision.Featuring:Mathura Sridharan, Deputy Solicitor General of OhioModerator: Justin Schwab, Founder, CGCN Law, PLLC

Garland v. Cargill concerned whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code. Impacting the realms of both Second Amendment and administrative law, the case raised questions concerning the role of lenity, the applicability of the (then standing) Chevron Doctrine, and the nature of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s authority. The issue came to the Court following a significant circuit split on the validity of the ATF's 2019 reclassification of bump stocks as machineguns, with the Fifth and Sixth Circuits having held that bump stocks are not machineguns, while the D.C. and Tenth Circuits had held that they were. Oral argument was heard in Cargill on February 28, 2024, and a 6-3 Court issued its decision on June 14, 2024. Join us as a panel of experts break down and analyze the decision and its potential impacts for both Second Amendment and administrative law jurisprudence. Featuring: Dr. Stephen Halbrook, Senior Fellow, Independent Institute Prof. Zachary Price, Professor of Law, The College of the Law, University of California San Francisco (Moderator) Dr. Robert Leider, Assistant Professor of Law, George Mason University, Antonin Scalia Law School

In March of this year, the U.S. Justice Department and 16 states filed a sweeping complaint against Apple alleging that it has monopolized and attempted to monopolize US markets for smartphones and “performance” smartphones. At issue is an array of current and past Apple policies and restrictions governing the way that third party applications access and engage on the iPhone platform. Plaintiffs claim that Apple’s failure to open its platform prevents the development of “super apps” and cross-platform functionality that would make it easier and more attractive for Apple users to select or switch to rival smartphones, while in contrast, Apple characterizes its practices as a procompetitive way to differentiate its products and make them more attractive and safe for consumers to use. As this litigation progresses, what are likely to be the most hotly contested—and possibly determinative—issues of fact and law? How will they affect the outcome of the case, including with respect to potential remedies, and further development of the law of monopolization? And, considering how the Apple complaint fits into the Biden Administration’s view of competition in high-tech platform markets, what impact could a potential change in Administrations have? Featuring: Prof. Rebecca Haw Allensworth, Associate Dean for Research, David Daniels Allen Distinguished Chair of Law Hon. Maureen K. Ohlhausen, former Acting Chairman, Federal Trade Commission, Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati Moderator: Deborah Garza, Partner, Rule Garza Howley LLP -- To register, click the link above.

Join us for a webinar featuring Manhattan Institute fellow Tim Rosenberger, who will delve into the landmark case of Hile v. Michigan. On November 6th, 2023, the Sixth Circuit upheld Michigan's Blaine Amendment, which bars public financial support for parochial and other nonpublic schools, raising significant questions about religious discrimination and equal protection under the law. The plaintiffs filed a petition of certiorari with the U.S. Supreme Court, arguing that these so-called "neutral" amendments often mask deep-seated biases, as evidenced by Michigan's historical animosity towards Catholic schools.Learn about the broader implications for religious freedom, the precedent set by recent Supreme Court decisions, and the potential ripple effects across other states with similar provisions. Don’t miss this opportunity to understand the constitutional arguments and engage in a pivotal discussion on the future of educational rights and religious liberties in America.Featuring:Tim Rosenberger, Fellow, Manhattan Institute

On July 9th, the Federal Trade Commission released a Staff Interim Report on the Pharmacy Benefit Manager Industry. This panel will discuss the state of the PBM marketplace, the staff’s key findings, Commission statements surrounding the Report, and how this Report compares to earlier FTC market studies. Featuring: Rani Habash, Partner, Dechert Dan Gilman, Senior Scholar, Competition Policy, International Center for Law & Economics, Former Attorney Advisor, FTC Office of Policy Planning Professor Mike Shor, University of Connecticut, Department of Economics Moderator: Derek W. Moore, Counsel, Rule Garza Howley, Former Attorney Advisor, FTC Office of Policy Planning -- To register, click the link above.

In October of 2015, the Environmental Protection Agency (EPA) announced new standards for air quality, some of which had to do with air pollution which is carried across state borders, from “upwind” states to “downwind” states. The EPA required these states to submit plans of implementation but then rejected 21 of those plans as insufficient, instead publishing a federal plan which would enforce certain more stringent ozone pollution controls. This prompted several states and companies to challenge the rule and request a temporary block to its implementation, claiming the controls could lead to power grid emergencies. The EPA and its supporters claim, however, that a stay to the rule could critically affect public health and air quality. The Supreme Court did not speak to those issues, however, but instead stayed the rule after finding a likelihood of success on the claim that the rulemaking was arbitrary and capricious. Ohio v. EPA was argued before the Supreme Court in February and its 5-4 decision was issued this June. The Court ordered that the EPA’s enforcement of their implementation plan be stayed pending the ongoing D.C. circuit merits litigation and the disposition of the applicants’ petition for writ of certiorari. Join Mathura Sridharan, Deputy Solicitor General of Ohio, for a discussion of the facts of the case and the possible future implications of its decision. Featuring: Mathura Sridharan, Deputy Solicitor General of Ohio Moderator: Justin Schwab, Founder, CGCN Law, PLLC

Apprenticeship has been a significant focus of the Biden administration, and previously the Trump administration, with each taking markedly different approaches. The Trump Administration expanded apprenticeship through regulations making programs easier to establish through industry-recognized apprenticeship programs. The Biden administration rescinded these regulations and is now proceeding with its own proposed rule focused on registered apprenticeship programs. In this webinar, a panel of experts will compare the two approaches. The panel will also provide insights on the pending apprenticeship rulemaking, including new potential regulatory requirements in the DEI area. The panel will also discuss the heavy reliance on a combination of regulatory and subregulatory guidance in the apprenticeship area, including in implementing green energy tax credits under the Inflation Reduction Act, and how this may be impacted by the recent Loper Bright and Relentless decisions ending Chevron deference. Featuring: Ryan Craig, Managing Director, Achieve Partners Prof. Aram A. Gavoor, Associate Dean for Academic Affairs and Professorial Lecturer in Law, The George Washington University Law School Hon. John Pallasch, Founder and CEO, One Workforce Solutions Hon. Jonathan Skrmetti, Attorney General of Tennessee (Moderator) Craig Leen, Craig E. Leen, Partner, K&L Gates, and Former OFCCP Director