FedSoc Forums

Encinitas Unified School District required two fifth-grade boys and their assigned kindergarten buddies to read and watch My Shadow is Pink and do an activity, pressuring the kindergartners to choose a color to represent their own shadows. The plaintiffs allege this was designed to make the students question their gender identity. Represented by First Liberty Institute and the National Center for Law and Policy, the families filed a complaint in the Southern District of California and sought a motion for preliminary injunction. On May 12, 2025, Judge M. James Lorenz granted that motion in part, requiring the school district to provide advance notice and opt-outs when gender identity material is taught in mentoring programs. The judge’s opinion focused on compelled speech, finding that the plaintiffs were likely to succeed on the merits of that claim.Free speech expert Professor Eugene Volokh and counsel Kayla Toney, who represents the families, will break down the opinion and discuss its ramifications for First Amendment jurisprudence.Featuring:Kayla Ann Toney, Counsel, First Liberty Institute(Moderator) Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law

It is widely known that schools have instituted equity-focused policies, teacher training, and curriculum. Critics wonder whether this focus on equity is illegal and unconstitutional.Deemar v. District 65 (Evanston/Skokie) involves Dr. Stacy Deemar, a drama teacher in Evanston/Skokie School District 65 in Illinois. She has challenged the District’s allegedly racially charged environment and practice of segregating students and staff. In January 2021, the Department of Education’s Office of Civil Rights (OCR) determined that the District violated Title VI of the Civil Rights Act. But soon after President Biden took office, OCR withdrew that finding without explanation. Dr. Deemar filed a federal lawsuit and, in April 2025, submitted a new complaint to OCR.Featuring:Kimberly Hermann, Executive Director, Southeastern Legal Foundation

For the first time in years, the U.S. Supreme Court is addressing questions of religious liberty and is doing so with three significant cases: Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission, Mahmoud v. Taylor, and Oklahoma Statewide Charter School Board v. Drummond, which have the potential to shape religious liberty in the United States for years to come.Join Mark Rienzi and Bill Saunders as they discuss these cases, their potential outcomes, and their future impact on religious liberty.Featuring:Prof. Mark L. Rienzi, President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School(Moderator) Prof. William L. Saunders, Director of the Program in Human Rights, Catholic University of America

With Republicans holding control in Washington, a significant debate has emerged within conservative circles regarding the role of the federal government in primary and secondary education. Should conservatives leverage their electoral mandate to influence the curricula of K-12 schools, or is good governance better served by a more restrained approach? What is the purview of the federal government when it comes to education, and what is better left at the state and local level? What changes, if any, should the government try to implement, and what would be the best methods available?Join us for an expert discussion on these and related issues.Featuring:Robert S. Eitel, Co-Founder and President, Defense of Freedom InstituteRoger Severino, Vice President of Domestic Policy and The Joseph C. and Elizabeth A. Anderlik Fellow, The Heritage Foundation(Moderator) Sarah Parshall Perry, Vice President & Legal Fellow, Defending Education ***This program was originally scheduled for May 1st, but has been rescheduled to May 20th at 12pm ET***

This case concerned the question of whether the National Environmental Policy Act (NEPA) requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority. When the Surface Transportation Board granted a petition from the Seven County Infrastructure Coalition to construct and operate an 80-mile Utah railway, they conducted an environmental review in which they considered direct impacts of the highway on nearby land, water, and air. But they did not consider certain environmental “downline impacts” or possible effects on historic sites along the Union Pacific line in Eagle County. The county challenged their review as inadequate, while the Board argues that these effects were either too minimal for serious analysis, or outside the scope of their authority.This case was decided 8-0 on May 29. The Court ruled in favor of the Seven County Infrastructure Coalition, concluding that the federal environmental review process does not have to consider “downline” impacts. Join us in discussing the case and its decision with Mario Loyola and Austin Lipari, who wrote amicus briefs in support of petitioners.Featuring:Prof. Mario Loyola, Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International UniversityModerator: Austin Lipari, Counsel, Boyden Gray PLLC--To register, click the link above.

In Barnes v. Felix the Supreme Court addressed what context courts need to consider when evaluating an excessive force claim brought under the Fourth Amendment.Some circuits, including the Fifth Circuit (which decided Barnes before it reached the Supreme Court), as well as the Second, Fourth, and Eighth Circuits, had adopted the “moment of threat” doctrine. This approach focuses solely on whether there was an imminent danger that created a reasonable fear for one’s life in the immediate moments preceding the use of force. In contrast, other circuits, including the First, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits, held that courts must consider the “totality of the circumstances” when assessing whether the use of force was justified.The Court heard oral argument on January 22, 2025, and on May 15 issued a unanimous opinion, authored by Justice Kagan, vacating the Fifth Circuit and remanding. Justice Kavanaugh filed a concurring opinion, which was joined by Justices Thomas, Alito, and Barrett.Join us for a Courthouse Steps program where we will break down and analyze this decision and what it may mean for excessive force claims moving forward.Featuring:Marc Levin, Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime

President Trump has issued several executive orders addressing alleged national security threats and discriminatory practices by some of the most prominent law firms in the country. Some of these firms and attorneys have challenged the EOs and actions taken by the administration in response to them, many of them settling with the administration. What does the Constitution have to say about these actions? How will these actions affect law firms in the near future?Join us for a discussion panel where we will examine these and other key questions.Featuring: Michael Francisco, Partner, First & Fourteenth PLLCProf. Derek T. Muller, Professor of Law, Notre Dame Law SchoolErin E. Murphy, Partner, Clement & Murphy PLLC(Moderator) Casey Mattox, Vice President, Legal Strategy, Stand Together

On May 7, 2025, the Ninth Circuit affirmed the dismissal of the Federal Trade Commission’s lawsuit challenging Microsoft's $69 billion purchase of “Call of Duty” maker Activision Blizzard, affirming the lower judge's order finding that the FTC was not entitled to a preliminary injunction blocking the deal, which closed in 2023. Hear from former agency officials and amici filers for the Business Roundtable, Communications Workers of America, and TechFreedom as they discuss the various views presented in the briefing and the ramifications of this decision on future merger enforcement at the Federal Trade Commission and Department of Justice.Featuring:Allen P. Grunes, Shareholder, Brownstein Hyatt Farber SchreckHon. Maureen Ohlhausen, Partner, Antitrust and Competition, Wilson Sonsini Goodrich & RosatiRahul Rao, Antitrust Partner, White & CaseBilal Sayyed, Senior Competition Counsel, TechFreedom Moderator: Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal and Economic Public Policy Studies--To register, click the link above.

Eric Claeys’ new publication, Natural Property Rights, presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in normative and analytical philosophy, the book shows how natural rights guide political and legal reasoning about property law. It examines how natural rights justify the most familiar institutions in property, including public property, ownership, the system of estates and future interests, leases, servitudes, mortgages, police regulation, and eminent domain. Thought-provoking and comprehensive, the book challenges leading contemporary justifications for property and shows how property both secures individual freedom and serves the common good.Join this Talks with Authors program to discuss all this and more!Featuring:Prof. Eric Claeys, Professor of Law, Antonin Scalia Law School, George Mason UniversityJ. Kennerly Davis, Senior Attorney, Former Deputy Attorney General for Virginia--To register, click the link above.

On January 20, 2025, President Trump issued an executive order effectively ending birthright citizenship for children born to mothers who are unlawfully present or temporary lawful residents in the United States and whose fathers are not lawful permanent residents at the time of the child’s birth. One day later, four states and three individuals challenged this order in the U.S. District Court for the Western District of Washington, which three days later granted a universal temporary restraining order enjoining the government from implementing this order. Two weeks later, this became a nationwide injunction. Other similar nationwide injunctions have since been issued from the U.S. District Court for the District of Maryland and the U.S. District Court for the District of Massachusetts. The government has appealed all of these, and the question of whether the Supreme Court should stay the district courts' preliminary injunctions (except as to the individual plaintiffs and identified members of the organizational plaintiffs or states) was argued on May 15. Join this FedSoc Forum to discuss this case, its argument before the Supreme Court, and the broader issues at play.Featuring:Michael R. Williams, Solicitor General, West VirginiaModerator: Elbert Lin, Chair, Issues & Appeals, Hunton Andrews Kurth LLP--To register, click the link above.