FedSoc Forums

On June 22, 2023, the Supreme Court released its decision in Samia v. United States. The main question at issue in the case was whether the admission of a codefendant’s redacted out-of-court confession that incriminates the defendant due to its content violates the Confrontation Clause of the Sixth Amendment. The Court held “the Confrontation Clause was not violated by the admission of a nontestifying codefendant’s confession that did not directly inculpate the defendant and was subject to a proper limiting instruction.”In this Post-Decision Courthouse Steps webinar, we will broke down and analyzed the Court’s decision. Featuring:--Robert McBride, Partner-in-Charge, Northern Kentucky, Taft Stettinius & Hollister LLP

On June 29, 2023 SCOTUS issued an opinion concerning Title VII, religious liberties, and employment law. In deciding Groff v. DeJoy, the Court held “ Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.”The case involved Gerald Groff, a Christian who due to his religious convictions treated Sundays as a sabbath and thus did not work on those days, who formerly worked for the U.S. Postal Service in Pennsylvania. His refusal to violate his beliefs to work Sunday shifts led to disciplinary action and his eventual resignation. Groff sued and the following litigation raised two questions that the Court considered. Both concerned the protections provided to employees who seek to practice their religious beliefs in the context of the workplace. One was whether the Court should overrule the “more-than-de-minimis-cost” test for refusing religious accommodations under Title VII of the Civil Rights Act of 1964 established in Trans World Airlines, Inc. v. Hardison. The other concerned whether burdens on employees are sufficient to constitute “undue hardship on the conduct of the employer’s business” for the employer under Title VII.In this Post-Decision Courthouse Steps webinar, where we broke down and analyzed the Court’s decision. Featuring:--Stephanie Taub, Senior Counsel, First Liberty Institute--Bruce Cameron, Senior Atorney, National Right to Work Legal Defense Foundation

On Thursday, June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. The opinion jointly addressed the issues presented in SFFA v. Harvard and SFFA v. University of North Carolina. The question before the Court was whether the race-conscious admissions systems used by Harvard and UNC violate the Equal Protection Clause of the Fourteenth Amendment. In a 6-3 decision, the Court held that Harvard and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment. Chief Justice Roberts wrote for the Court; Justices Thomas, Gorsuch, and Kavanaugh filed concurring opinions; Justices Sotomayor and Jackson filed dissenting opinions. Justice Jackson took no part in the consideration or decision of SFFA v. Harvard. Listen to this recorded webinar where Curt Levey discusses the decision.Featuring:--Curt Levey, President, Committee for Justice

On Tuesday, June 27, 2023, the Supreme Court issued its decision in Mallory v. Norfolk Southern Railway Co. The question before the Court was whether a Pennsylvania law governing out-of-state corporations registered to do business inside the state that purports to confer general personal jurisdiction over the registrant violates the Due Process Clause of the Fourteenth Amendment.The Court vacated and remanded the case in a 5-4 opinion authored by Justice Gorsuch holding that the law comports with the Due Process Clause as set forth in Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co. (243 U.S. 93). Justice Barrett filed a dissenting opinion. In this recorded webinar Ashley Keller, John Masslon, and Professor Brian Fitzpatrick discuss the decision. Featuring:--Ashley Keller, Partner, Keller Postman--John Masslon, Senior Litigation Counsel, Washington Legal Foundation--[Moderator] Brian Fitzpatrick, Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School

On March 28, 2023, the Supreme Court handed down its decision in Wilkins v. United States. The case involves a suit by neighbors to quiet title over a road easement that the United States interprets as allowing for public use. The United States argued the claim was jurisdictionally barred by the the Federal Quiet Title Act’s 12-year time limit. The Court held that the Act’s statute of limitations is a nonjurisdictional claims-processing rule because a procedural requirement is only jurisdictional if Congress clearly states that it is. Justice Clarence Thomas, joined by Chief Justice Roberts and Justice Alito, dissented and would have held the time-bar jurisdictional because it is a waiver of sovereign immunity.Jeffrey W. McCoy, attorney at the Pacific Legal Foundation, joined us for a courthouse steps decision teleforum moderated by Adam Griffin.Featuring: --Jeffrey McCoy, Attorney, Pacific Legal Foundation--Moderator: Adam Griffin, Law Clerk, US District Courts

On Tuesday, June 27, 2023, the Supreme Court issued its decision in Moore v. Harper. The case concerned the Elections Clause of the U.S. Constitution and “the claim that the Clause vests state legislatures with authority to set rules governing federal elections free from restrictions imposed under state law,” 600 U.S. ___ (2023). In a 6-3 decision, the Court rejected the “independent state legislature” doctrine recognizing the North Carolina Supreme Court’s authority to review the legislature’s rules for federal elections. Chief Justice Roberts issued the opinion of the Court; Justice Kavanaugh filed a concurring opinion; Justice Thomas filed a dissenting opinion. In this recorded Teleforum Andrew Grossman discussed the Court’s opinion. Featuring:--Andrew Grossman, Partner, Baker & Hostetler LLP

The Infrastructure Investment and Jobs Act, signed into law on November 15, 2021, requires the Federal Communications Commission (FCC), within two years, to promulgate rules to facilitate equal access to broadband internet services and to prevent "digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin." Significantly, the statute also requires that the rules take into account "issues of technical and economic feasibility." The FCC issued a notice of proposed rulemaking on December 22, 2022, and comments and reply comments have now been submitted.Given the importance of widespread access to broadband services, the "Digital Discrimination" proceeding is one of the most important items on the FCC's agenda. Does the agency have authority to adopt rules that would impose liability on broadband providers based only on a showing of unintentional disparate impact or is evidence of intentional discrimination required? In considering liability, how should the agency take into account claims relating to the technical and economic feasibility of making available access? What impact will the rules have on investment and innovation under various scenarios? What type of process should the Commission employ in considering complaints of digital discrimination?A panel of experts joined us for a lively discussion of these and other questions as the FCC prepares to adopt final rules in the digital discrimination proceeding.Featuring:--Seth L. Cooper, Director of Policy Studies & Senior Fellow, The Free State Foundation--Harold Feld, Senior Vice President, Public Knowledge--Clint Odom, Vice President, Strategic Alliances & External Affairs, T-Mobile--Moderator: Randolph J. May, President, The Free State Foundation

Last year, the Supreme Court issued a landmark decision in West Virginia v. EPA, in which the Court reinvigorated the “Major Questions Doctrine” of administrative law. Given the Federal Trade Commission’s efforts to expand its rulemaking powers under Section 5 of the FTC Act and the likely return of the “net neutrality” fight at the Federal Communications Commission once a third Democratic commissioner is confirmed, this webinar explored how the reinvigorated “Major Questions Doctrine” may impact tech and telecom policy.Featuring:--Ian Heath Gershengorn, Partner and Chair, Appellate & Supreme Court Practice, Jenner & Block LLP; Former Acting Solicitor General--Thomas M. Johnson, Jr., Partner and Chair, Issues & Appeals Practice, Wiley Rein LLP; Former General Counsel, Federal Communications Commission--Hon. Maureen K. Ohlhausen, Partner and Chair, Antitrust & Competition Practice, Baker Botts LLP; Former Acting Chairman and Commissioner, Federal Trade Commission--Christopher J. Wright, Partner and Co-Chair, Issues & Appeals Practice, Harris, Wiltshire & Grannis LLP; Former General Counsel, Federal Communications Commission--Moderator: Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal & Economic Public Policy Studies

On Thursday, June 15, 2023, the Supreme Court issued its decision in Haaland v. Brackeen. The case was primarily concerned with the constitutionality of the Indian Child Welfare Act (ICWA), a federal law enacted in 1978 that governs state-level adoption and foster care cases involving Native American children. Among other provisions, the ICWA gives tribal governments jurisdiction over the adoption of Native American children who reside on a reservation or have certain tribal connections.In a 7-2 decision, the Court affirmed the Fifth Circuit’s finding that the ICWA is constitutional, rejected petitioners’ Tenth Amendment argument, and found that petitioners lacked the standing required for other challenges made. Justice Barrett delivered the opinion for the Court; Justices Gorsuch and Kavanaugh filed concurring opinions; Justices Thomas and Alito filed dissenting opinions. In this recorded webinar Jennifer Weddle discussed the Court’s findings.Featuring:--Jennifer Weddle, Principal Shareholder & Co-Chair, American Indian Law Practice Group, Greenberg Traurig, LLP

On June 20, Judge Amul Thapar of the Sixth Circuit published "The People's Justice," in which he explores "the human stories behind twelve illustrative cases on which Justice [Clarence] Thomas has ruled." In this video podcast, Judge Thapar joined the Federalist Society's Dean Reuter to discuss the book and Justice Thomas's legacy. Featuring: Hon. Amul R. Thapar, U.S. Court of Appeals for the Sixth Circuit Moderator: Dean Reuter, Senior Vice President and General Counsel, Federalist Society Transcript