

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 4, 2022 • 1h
Courthouse Steps Oral Argument: Merrill v. Milligan
On October 4, 2022 the U.S. Supreme Court heard oral argument in Merrill v. Milligan.Following the 2020 Census, the Alabama Legislature redrew its congressional district lines to account for shifts in the state’s population. With these new lines, only one of the state’s seven congressional districts was majority-minority. Several plaintiffs sued, asserting the districts violated Section 2 of the Voting Rights Act of 1965 and the Fourteenth Amendment to the United States Constitution, and sought the creation of an additional majority-minority district to account for the growing African American population in Alabama.The District Court enjoined the districts, holding that they violated the VRA. Alabama appealed to the U.S. Supreme Court, which granted Certiorari and stayed the district court's injunctions.We broke down the argument on the same day, October 4, 2022.Featuring:--David Warrington, Partner, Dhillon Law Group Inc. --Moderator: Michael Dimino, Professor of Law, Widener University Commonwealth Law School

Oct 2, 2022 • 59min
The 2022 Mike Lewis Memorial Teleforum: Peace in Cyberspace: How it was Lost and How to Restore It
Faced with relentless cyberattacks and intrusions that could imperil democracy, how should Western nations respond? This teleforum will discuss problems in the application of existing law and norms to reduce international cyber conflict. It will also explore possible new approaches involving a concentrated and coordinated deterrence strategy as well as technological innovations to secure vital areas of cyberspace.Mike Lewis was a naval aviator, and then a renowned law professor, widely admired by other scholars and practitioners. He was a great friend of the Federalist Society, appearing at dozens of lawyer and student chapter events, as well as the 2014 National Convention. He was also a member of the Executive Committee of the Society's International & National Security Law Practice Group. Each year, the Practice Group holds a Teleforum in his honor.Featuring: --Prof. Lucas Kello, Associate Professor of International Relations, Oxford University --Prof. Eric Jensen, Associate Professor of Law, Brigham Young University J. Reuben Clark Law School--Moderator: Vince Vitkowsky, Partner, Gfeller Laurie LLP—

Sep 27, 2022 • 1h 29min
A Seat at the Sitting - October 2022
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases that will be covered are included below. Sackett v. Environmental Protection Agency (October 3) – environmental law; water policy regulations; administrative law Delaware v. Pennsylvania and Wisconsin (October 3) – State claims dispute over travelers checks; financial services & e-commerce Merrill v. Milligan (October 11) – election law; whether Alabama’s 2021 redistricting plan violated the Voting Rights Act National Pork Producers Council v. Ross (October 11) – interstate commerce, dormant commerce clause Helix Energy Solutions Group v. Hewitt (October 12) – labor law; regulatory policy on overtime pay and exemptions; Fair Labor Standard’s Act Featuring: Donald Kochan, Professor of Law and Deputy Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University Prof. Michael Dimino, Professor of Law, Widener University Commonwealth Law School Charles Yates, Attorney, Pacific Legal Foundation Prof. Patrick Parenteau, Professor of Law, Vermont Law School Moderator: Adam Gustafson, Senior Counsel for Environmental and Regulatory Affairs at Boeing --- To register, please click the link above.

Sep 27, 2022 • 52min
"Digital Discrimination" Under the Infrastructure Investment and Jobs Act
The 2021 Infrastructure Investment and Jobs Act requires the Federal Communications Commission and the Department of Justice to "ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination."Watch this discussion on the FCC's ongoing efforts to effectuate this portion of the statute and how policymakers can best achieve the goal of equitable broadband deployment. The discussion considered what discrimination means in this context, whether broadband providers engage in it, and what regulatory actions would best ensure Americans have access to the broadband they need.Featuring:--Diana Eisner, Vice President, Policy & Advocacy, USTelecom--Jenna Leventoff, Senior Policy Counsel, Public Knowledge--Crystal Tully, Deputy Staff Director, United States Senate Committee on Commerce, Science & Transportation--Sanford Williams, Special Advisor to Chairwoman Rosenworcel and Deputy Managing Director, The Office of the Managing Director, Federal Communications Commission--Moderator: Joe Kane, Director of Broadband and Spectrum Policy, Information Technology and Innovation Foundation

Sep 27, 2022 • 1h
Who Decides if January 6 Was an Insurrection Prohibiting the Election Of Participants?
The Fourteenth Amendment prohibits anyone who has engaged in insurrection or rebellion against the United States after swearing an oath to support the Constitution from ever holding public office again. In light of this Disqualification Clause, some have called for participants in the riot that occurred on January 6, 2021 to be barred from future elections.Who has the authority to enforce this provision, the states or Congress? Normally states cannot add requirements for holding public office, but is this different, or is enforcement left to Congress itself through its ability to expel members?These questions took on new relevance on September 6, 2022, when New Mexico Judge Francis Mathew ordered that Otero County Commissioner Couy Griffin be removed from office effective immediately for his participation in the January 6 riot under the Disqualification Clause. While this decision is likely to be appealed, it could have serious implications for members of Congress and/or former President Donald J. Trump.Watch a discussion on these important issues between James Bopp, Jr., who represented Congressman Madison Cawthorn against challenges to his office under the Disqualification Clause, and Pressly Millen, who represented the challengers to Congressman Cawthorn. That challenge was mooted after Congressman Cawthorn failed to win his primary, leaving the underlying questions unanswered. Joining Mr. Bopp and Mr. Millen will be Kory Langhofer, who successfully represented Congressman Andy Biggs before the Arizona Supreme Court on a Disqualification Clause challenge, and moderator Devin Watkins, an Attorney at the Competitive Enterprise Institute.Featuring:--James Bopp, Jr., General Counsel, James Madison Center for Free Speech--Kory Langhofer, Managing Partner, Statecraft--Pressly M. Millen, Partner, Womble Bond Dickinson--Moderator: Devin Watkins, Attorney, Competitive Enterprise Institute

Sep 19, 2022 • 1h 2min
Answering Threats to Taiwan: Where Does Law Matter?
The government of Communist China has insisted – and the U.S. government has officially acknowledged since 1979 – that Taiwan is part of China. Does that mean international law imposes no limits on Chinese coercion or intimidation of Taiwan? Do U.S. international agreements in the region require (or prohibit) U.S. military aid to Taiwan in the event of open conflict with China? Would the President need authorization from Congress to deploy U.S. forces there if conflict seems imminent? Our panelists will discuss the way these questions are likely to be viewed by other governments as well as by policymakers in Washington. Featuring: Michael Mazza, Nonresident Fellow, AEI Mary Kissel, Executive Vice President and Senior Policy Advisor, Stephens, Inc. Prof. Julian Ku, Senior Associate Dean for Academic Affairs, Faculty Director of International Programs, and Maurice A. Deane Distinguished Professor of Constitutional Law, Maurice A. Deane School of Law at Hofstra University Moderator: Prof. Jeremy Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University — To register, please click the link above.

Sep 14, 2022 • 1h 1min
What’s Next for Crypto: Implications of Deflated Prices and Turmoil in Cryptocurrency Markets
Events of 2022 brought a "crypto winter," with average prices of cryptocurrencies falling about 70% from their 2021 highs, the bankruptcy of several crypto companies, the complete collapse of a popular so-called "stable" coin, unexpected suspensions of withdrawals by some crypto issuers, large losses by individual investors, and heightened efforts toward expanded regulation and legislation. What does this all mean going forward? Was this simply the end of another bubble and popular delusion which will now wither? Or was it the winnowing out of a typical innovative overexpansion, with a more mature ongoing cryptocurrency industry continuing, perhaps one with significant regulation? This webinar will examine where crypto will go from here. Featuring: Bert Ely, Principal, Ely & Company, Inc. Alexandra Gaiser, Director of Regulatory Affairs, River Financial Steven Lofchie, Corporate Partner, Fried Frank J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University Moderator: Alex Pollock, Senior Fellow, the Mises Institute --- To register, click the link above

Sep 9, 2022 • 1h 1min
The Original Meaning of the Fourteenth Amendment: Implications for Labor Law
The past few years have witnessed a flurry of new scholarship related to the original meaning of the Fourteenth Amendment, particularly the Privileges or Immunities Clause and its associated citizenship declarations. Evan Bernick, a professor at Northern Illinois University, is the co-author with Randy Barnett of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit. Christopher Green, a professor at the University of Mississippi, is the author of Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause, as well as a review of Evan's book, to which he and Barnett have responded. This historical debate is not merely of academic interest, however. If the Supreme Court were to view the original meaning of the Fourteenth Amendment in a new light, what would the implications be for labor law?Featuring: --Professor Evan D. Bernick, Assistant Professor, Northern Illinois University--Professor Christopher R. Green, Associate Professor of Law and H.L.A. Hart Scholar in Law and Philosophy, University of Mississippi School of Law

Sep 6, 2022 • 1h 5min
Talks With Authors: Classified: The Untold Story of Racial Classification in America
In his recent book, Classified: The Untold Story of Racial Classification in America, Professor David Bernstein breaks down the history of American racial classifications, and raises questions about the classifications’ coherence, logic, and fairness. Professor Bernstein joined us to discuss his book and the role that racial classifications should or should not play in our society.Featuring:--Professor David Bernstein, University Professor and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University--Cory Liu, Partner, Ashcroft Law Firm

Sep 1, 2022 • 59min
Religious Liberty at the Supreme Court 2022
Please join these experts as they review religious liberty at the Supreme Court in 2022.Featuring:--Prof. Mark L. Rienzi, President & CEO, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University--Moderator: Prof. William L. Saunders, Professor, The Catholic University of America; Co-Director of the Center for Religious Liberty, and Fellow, The Institute for Human Ecology


