

FedSoc Forums
The Federalist Society
*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as:Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of governmentThe Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Episodes
Mentioned books

Oct 13, 2023 • 1h 26min
Talks with Authors: What It Means to Be Human
In What It Means to Be Human - The Case for the Body in Public Bioethics Prof. O. Carter Snead investigates the tension between the natural limits of the human body and the political philosophy of autonomy, and the legal and policy challenges that arise when those two conflict. He proposes a new paradigm of how to understand being human and applies it to complex issues of bioethics, laying out a framework of embodiment and dependence. Join us for a special 90-minute webinar conversation with Prof. Snead moderated by Prof. William Saunders on “What it Means to Be Human” -both philosophically and practically. Featuring: Prof. O. Carter Snead, Professor of Law, Director, de Nicola Center for Ethics and Culture, & Concurrent Professor of Political Science, University of Notre Dame Law School [Moderator] Prof. William L. Saunders, Professor - Human Rights, Religious Liberty, Bioethics, Catholic University of America

Oct 11, 2023 • 59min
Loper Bright and the Next Steps for Chevron Deference at the Supreme Court
This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous statutes. Pursuant to Chevron v. NRDC and follow-on cases, courts defer to agency interpretations of ambiguous statutes. Loper Bright offers the Court an opportunity to abandon Chevron deference entirely. But the phrasing of the Question presented in Loper Bright also presents an off-ramp for the Court, allowing it to keep Chevron’s framework intact. How the Court resolves Loper Bright will have massive implications for administrative law. On this panel, three distinguished administrative law scholars discuss the task before the Court in Loper Bright and the future of Chevron deference. Featuring: Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School Prof. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State University (Moderator) Eli Nachmany, Former Law Clerk to Hon. Steven J. Menashi, U.S. Court of Appeals for the Second Circuit

Oct 11, 2023 • 58min
The Economic Power Play: Examining China's Coercive Tactics
In recent months, there has been a notable escalation in China’s economic coercion of various countries and private companies, prompting a pressing need for a deeper examination of this phenomenon and China’s global strategy. Our panel will delve into the repercussions of actions taken by China in multilateral institutions and its use of debt-trap diplomacy, examining their effects on international relations and trade dynamics. The discussion will also shed light on how the United States and its like-minded partners can effectively deter China's coercive tactics, paving the way for a more stable and secure global landscape. Ivan Kanapathy, Senior Fellow at the Center for Strategic International Studies, and DJ Nordquist, Former US Executive Director of the World Bank joined us to discuss these issues and more. Featuring: Ivan Kanapathy, Former Deputy Senior Director, National Security Council; Senior Associate (Non-resident), Center for Strategic International Studies; Adjunct Professor, Georgetown University School of Foreign Service DJ Nordquist, Former US Executive Director, World Bank Moderator: Daniel B. Pickard, Chair, International Trade & National Security Practice Group, Buchanan Ingersoll & Rooney

Oct 5, 2023 • 53min
Litigation Update: FCA v San Jose Unified School Dist.
Fellowship of Christian Athletes v. San Jose Unified School District concerned a Christian student club's ability to meet on campuses in the San Jose School District. Fellowship of Christian Athletes (FCA) clubs had served students in the San Jose High Schools for over a decade, until 2019 when, following a teacher's complaints about the clubs' requirement that student leaders affirm their faith, the school district revoked the clubs' status as associated student bodies and kicked them off campus. FCA brought suit, and the district court sided with the school district. In 2022 the 9th Circuit reversed the district Court's decision, and upon the district's appeal to rehear the case en banc. reaffirmed that decision in September 2023, declaring that the district could not discriminate against the FCA clubs based on their religious leadership standards under the First Amendment and the Equal Access Act. Join us for a litigation update on this important case with Daniel Blomberg, vice president and senior counsel at Becket Fund for Religious Liberty which represented the FCA in this case. Featuring: Daniel Blomberg, Vice President and Senior Counsel, The Becket Fund For Religious Liberty (Moderator) Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity

Oct 5, 2023 • 1h 21min
Will Congress Create a Statutory Framework for Digital Asset Regulation?
Will the 118th Congress succeed in creating a statutory framework for effective regulation of cryptocurrencies? House Financial Services Committee Chairman Patrick McHenry and our expert panel discussed the status of this complex legislative issue, the competition among regulators and potential division of regulatory jurisdiction, the differences between stablecoins and other cryptocurrencies, federal vs. state regulation, what financial reports and other disclosures should be required, and what key decisions must be made.Featuring:--Hon. Patrick McHenry, United States Representative, NC-10--Brian P. Brooks, Managing Partner, Valor Capital Group; Former Acting Comptroller of the Currency--Patrick D. Daugherty, Partner, Foley & Lardner; Adjunct Professor, Cornell Law School--Gary Kalbaugh, Deputy General Counsel, ING Americas; Special Professor of Law, Hofstra University--Paul Watkins, Managing Partner, Fusion Law, PLLC--[Moderator] J.C. Boggs, Partner, King & Spalding

Oct 5, 2023 • 1h 2min
Talks with Authors: The Soul of Civility
In her new book, The Soul of Civility: Timeless Principles to Heal Society and Ourselves, Alexandra Hudson explores the question – how can a reinvigorated dedication to civility help our nation come together despite deep and growing differences? She argues that our difficulties in this arena are not new; luckily, the solutions aren’t either. Drawing wisdom from a host of ancient philosophers and influential thinkers, Hudson encourages Americans to turn inward and commit themselves to live tolerantly. She contends that our Republic depends on it. Please join us as Alexandra Hudson sits down with The Federalist Society’s Senior Vice President and General Counsel, Dean Reuter, to discuss The Soul of Civility.

Oct 3, 2023 • 1h 1min
2023 Ron Rotunda Memorial Webinar: The State of the Legal Profession
The 2023 Ron Rotunda Memorial Webinar featured a conversation with Gregory Jacob and Prof. Josh Blackman discussing the current state of the legal culture and the future of the legal profession.Professor 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 Teleforum in his honor. Ron Rotunda was not only a renowned professor but also a mentor to many, including Prof. Josh Blackman, who wrote heartfelt remembrances about him on his blog here and in the Chapman Law Review here. Featuring: --Gregory Frederick Jacob, Parter, O’Melveny & Meyers LLP --Moderator: Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston

Oct 3, 2023 • 1h 4min
Talks with Authors: Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience
Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience investigates the questions that surround the correct interpretation of the Establishment Clause, breaking down the practical history of establishment and disestablishment in the United States of religion as law and argues that a Clause often seen as a defense against religion is valuable for promoting religious freedom and diversity in America. Prof. Michael McConnel, co-author of the book, and Prof. Vincent Munoz discussed these themes and the history of the Establishment Clause in the United States. Featuring:--Prof. Michael W. McConnell, Richard and Frances Mallery Professor of Law, Director of the Constitutional Law Center, Stanford Law School--Dr. Vincent Phillip Munoz, Tocqueville Associate Professor Department of Political Science and Concurrent Associate Professor of Law, University of Notre Dame Law School--(Moderator) Adam Griffin, Constitutional Law Fellow, Pacific Legal

Oct 3, 2023 • 1h 3min
A Seat at the Sitting - October 2023
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. Pulsifer v. United States (October 2) - Federal Criminal Law; Whether a defendant satisfies the criteria in 18 U.S.C. § 3553(f)(1) as amended by the First Step Act of 2018 in order to qualify for the federal drug-sentencing “safety valve” provision so long as he does not have (a) more than four criminal history points, (b) a three-point offense, and (c) a two-point offense, or whether the defendant satisfies the criteria so long as he does not have (a), (b), or (c). CFPB v. Community Financial Servs. Ass'n of America, Ltd. (October 3) - Constitutional Law, Appropriations; Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. § 5497, violates the appropriations clause in Article I, Section 9 of the Constitution, and in vacating a regulation promulgated at a time when the Bureau was receiving such funding. Acheson Hotels, LLC v. Laufer (October 4) - Constitutional Law, Americans with Disabilities Act; Whether a self-appointed Americans with Disabilities Act “tester” has Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation. Murray v. UBS Securities LLC (October 10) - Labor Law, Sarbanes Oxley Act; Whether, following the burden-shifting framework that governs cases under the Sarbanes-Oxley Act of 2002, a whistleblower must prove his employer acted with a “retaliatory intent” as part of his case in chief, or whether the lack of “retaliatory intent” is part of the affirmative defense on which the employer bears the burden of proof. Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (October 10) - Admiralty; Whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the state whose law is displaced. Alexander v. South Carolina State Conference of the NAACP (October 11) - Election Law; Whether the district court erred when it failed to apply the presumption of good faith and to holistically analyze South Carolina Congressional District 1 and the South Carolina General Assembly’s intent. Additionally, the court's handling of the alternative-map requirement, its treatment of the relationship between race and politics, the assessment of racial predominance in District 1, and the consideration of intentional discrimination are all under scrutiny. Featuring: Karen Harned, President, Harned Strategies LLC Brian Johnson, Managing Director, Banking Supervision and Regulation Group, Patomak Global Partners Vikrant Reddy, Senior Research Fellow, Charles Koch Institute Moderator: Amanda Salz, Associate, Morgan, Lewis, & Bockius LLP

Oct 2, 2023 • 1h 1min
US-India Relations: An Important but Ambiguous Partnership
In June, Indian Prime Minister Narendra Modi completed a highly-publicized visit to Washington that included a state dinner and an address to a joint meeting of Congress. This visit put a strengthened bilateral relationship on display—the United States and India have deepened cooperation on defense, public health, and economic matters in recent years. Yet, key differences continue to irritate relations, serving as obstacles to the closer partnership that some envision.This program traced the trajectory of the US-Indian relationship, offering context to strides that've been made since the Cold War ended. With an eye to the future, this panel also evaluates possibilities for bilateral relations moving forward, examining areas of disagreement, and takes into consideration each country's strategic visions, priorities, and limitations.Featuring: --Sadanand Dhume, Resident Fellow, American Enterprise Institute--[Moderator] Nitin Nainani, Student Liaison, International Law & National Security Practice Group


