On December 5, 2022, the Court heard oral argument in MOAC Mall Holdings v. Transform Holdco, which concerns appellate jurisdiction under Bankruptcy Code Section 363(m). Join us to hear from Prof. Thomas Plank as he breaks down the background and oral argument of the case.

On November 30, 2022, the Supreme Court heard oral argument in Wilkins v. United States. The issue at hand is the Quiet Title Act's statute of limitations.Tune in to hear Prof. Ilya Somin, a scholar of constitutional law, federalism, and property law from the Antonin Scalia Law School at George Mason University, break down the oral argument and offer his takeaways, opinions, and predictions about the case.

On November 29, 2022, the Supreme Court heard oral argument in United States v. Texas. The issues at hand include whether states have standing to challenge the Department of Homeland Security's immigration guidelines and whether this DHS guidance violates the Administrative Procedure Act.Tune in to hear Prof. Ilya Somin, a scholar of constitutional law, federalism, and immigration from the Antonin Scalia Law School at George Mason University, break down the oral argument and offer his takeaways, opinions, and predictions about the case.

On November 8, 2022, the Supreme Court heard oral argument in Mallory v. Norfolk Southern Railway Co. At issue is whether a state can require corporations to consent to personal jurisdiction in order to do business in the state, or whether such a requirement violates the due process clause of the 14th Amendment.Tune in to hear from Prof. Christopher R. Green, a leading scholar on the 14th Amendment and constitutional law from the University of Mississippi School of Law.

On November 7, the U.S. Supreme Court heard Axon Enterprise, Inc. v. Federal Trade Commission, to decide whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC by granting the courts of appeals jurisdiction over FTC cease-and-desist orders. This panel will discuss key take-aways from the oral argument and implications for administrative litigation at the Federal Trade Commission, and perhaps for other agencies as well.Featuring:Ashley Baker, Director of Public Policy, Committee for JusticeRonald Cass, President, Cass & Associates, PCHenry Su, Partner, Bradley Arant Boult Cummings LLP[Moderator] Svetlana Gans, Partner, Gibson, Dunn & Crutcher, LLP

On November 7, 2022, the U.S. Supreme Court heard oral argument in Michelle Cochran v. U.S. Securities and Exchange Commission. In April 2016, the Securities and Exchange Commission (SEC) brought an enforcement action against Michelle Cochran, a certified public accountant, alleging that she had failed to comply with federal auditing standards. A SEC administrative law judge (ALJ) determined Cochran had violated federal law, fined her $22,500, and banned her from practicing before the SEC for five years. The SEC adopted the ALJ’s decision, and Cochran objected.Before the SEC could rule on Cochran’s objection, the Supreme Court decided Lucia v. SEC, in which it held that SEC ALJs are officers of the United States under the Appointments Clause, who must be appointed by the President, a court of law, or a department head. In response to the Lucia ruling, the SEC remanded all pending administrative cases for new proceedings before constitutionally appointed ALJs, including Cochran’s. Cochran filed a federal lawsuit arguing that while Lucia may have addressed one constitutional issue with ALJs, it left uncorrected another problem: because SEC ALJs enjoy multiple layers of "for-cause" removal protection, they are unconstitutionally insulated from the President's Article II removal power. The district court dismissed her case for lack of subject-matter jurisdiction based on five circuit courts of appeal ruling that the Exchange Act implicitly stripped district courts of the jurisdiction to hear challenges to ongoing SEC enforcement proceedings. Arguing that in 2010, the Supreme Court had unanimously ruled in Free Enterprise Fund that nothing in the Exchange Act stripped federal court jurisdiction either explicitly, or implicitly, Cochran appealed to the U.S. Court of Appeals for the Fifth Circuit. A three judge panel affirmed the dismissal 2-1, but later, the Fifth Circuit sitting en banc, reversed 9-7, holding that Cochran had district court jurisdiction to bring her challenge to the SEC ALJ’s removal protections. Tune in to hear a breakdown of the oral argument.

On October 31, 2022, the U.S. Supreme Court heard Students for Fair Admissions Inc. v. President & Fellows of Harvard College (and Students for Fair Admissions Inc. v. University of North Carolina).In perhaps the most anticipated case of this term, the court considers a challenge to the use of racially preferential undergraduate student admissions practices at Harvard University and the University of North Carolina.Tune in to hear our experts break down the oral argument.Featuring:Prof. Amanda Shanor, Assistant Professor of Legal Studies & Business Ethics, The Wharton SchoolDevon Westhill, President and General Counsel, Center for Equal OpportunityModerator: Curt Levey, President, Committee for Justice

The Supreme Court is considering a lawsuit between rock and roll photographer Lynn Goldsmith and the Andy Warhol Foundation regarding Warhol’s works based on Goldsmith’s photo of the musician Prince. The fair use doctrine excuses from liability certain unlicensed uses of copyrighted works. The question before the Court in Warhol v. Goldsmith is whether Warhol’s creation of a series of paintings copied from the photo, and the licensure of those paintings to periodicals, constitutes a fair use. Underlying the case are core intellectual property questions about the nature and scope of the fair use doctrine.Following oral arguments on October 12, Zvi Rosen, who filed an amicus brief in the case in support of the respondent (Goldsmith), joined us to break down the case.Featuring:Zvi Rosen, Assistant Professor, Southern Illinois University School of Law

In National Pork Producers Council v. Ross, the Supreme Court will address the dormant commerce clause in the context of a California law regarding the housing of farm animals. Specifically, the Court will decide "whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant commerce clause..."Oral arguments took place on October 11. The Manhattan Institute's Ilya Shapiro joined us to analyze the arguments and examine the issues underlying the case.Featuring:Ilya Shapiro, Senior Fellow and Director of Constitutional Studies, Manhattan Institute

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.Featuring:David Warrington, Partner, Dhillon Law Group Inc. Moderator: Michael Dimino, Professor of Law, Widener University Commonwealth Law School