FedSoc Forums

FedSoc Forums

*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 decision A 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 sitting Litigation Update: A series that provides the latest updates in important ongoing cases from all levels of government The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Episodes

Courthouse Steps Oral Argument: Oklahoma Statewide Charter School Board v. Drummond

May 2, 2025 • 59 mins
On October 20, 2023, the Oklahoma Attorney General Gentner Drummond sued the Oklahoma Statewide Charter School Board for signing a contract with St. Isidore of Seville Catholic Virtual School, claiming that St. Isidore cannot participate in the charter school program because it is a religious school. The Oklahoma Supreme Court agreed, holding that the contract violated the Establishment Clause.
The United States Supreme Court is hea...
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Ice to Meet You, Greenland? U.S. Acquisition Attempts

April 29, 2025 • 41 mins
Discussions about the United States acquiring Greenland have re-emerged in public discourse, particularly during the second Trump administration, highlighting the enduring strategic importance of the island. This webinar will provide crucial context to the current debate by exploring historical attempts at acquisition, analyzing the underlying strategic and economic interests driving this consideration, and examining the complex le...
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The Art of the Tariff: The Trump Administration and Trade

April 29, 2025 • 54 mins
Join the Federalist Society for a debate on the role of tariffs during the Trump administration and their lasting impact on trade policy. This panel will explore the economic and legal implications of the administration’s tariff strategy, its effects on American businesses and consumers, and the broader consequences for international trade relations. Experts will discuss whether these policies strengthened U.S. industries or ...
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Courthouse Steps Oral Argument: Diamond Alternative Energy LLC v. Environmental Protection Agency

April 29, 2025 • 45 mins
In 2019, the Environmental Protection Agency withdrew California’s previously-granted waiver to implement its Advanced Clean Car Program. This program had been in effect since 2013 and required that car companies reduce carbon dioxide emissions and produce fleets that are at least 15% electric vehicles. The waiver was withdrawn due to a lack of “compelling and extraordinary conditions” and because California could...
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Litigation Update: Associated Press v. Budowich

April 29, 2025 • 58 mins
In January, President Trump renamed the "Gulf of Mexico" the "Gulf of America." The Associated Press refused to follow that lead, keeping "Gulf of Mexico" in its style guide. The White House responded by denying AP reporters access to some White House press events. The AP sued, and Judge McFadden of the District of Columbia recently issued an opinion siding with the AP. What are the First Amendment principles at play? Might this he...
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An Environmental Law Revolution: Will DOGE and the Second Trump Administration Achieve Lasting Positive Change?

April 29, 2025 • 60 mins
Since Inauguration Day, President Trump and his Cabinet have taken a range of important executive actions directly impacting environmental law and regulations with a laser focus on achieving domestic energy dominance – a centerpiece of the Trump agenda. This panel will review these executive actions along with other upcoming major regulatory reform activities, and their possible future impacts on the environmental law reg...
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Courthouse Steps Oral Argument: Mahmoud v. Taylor

April 29, 2025 • 53 mins
In Mahmoud v. Taylor, the Supreme Court will decide whether parents have the right to be notified and opt their children out of classroom lessons on gender and sexuality that violate their religious beliefs.
In 2022, the Montgomery County, Maryland, School Board introduced storybooks for pre-K through fifth-grade classrooms covering topics like gender transitions and pride parades. Maryland law and the Board’s own policies pro...
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Courthouse Steps Oral Argument: Kennedy v. Braidwood Management, Inc.

April 29, 2025 • 55 mins
In Kennedy v. Braidwood Management, Inc. the Supreme Court will consider "Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that the structure of the U.S. Preventive Services Task Force violates the Constitution's appointments clause and in declining to sever the statutory provision that it found to unduly insulate the task force from the Health & Human Services secretary’s supervision."
In Kennedy v. ...
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A Conversation on the Right: The Future of the SEC & Cryptocurrency

April 24, 2025 • 57 mins
What does the new administration mean for cryptocurrency regulation and the balance of authority between the SEC and the states? Traditionally, Republican-led SECs and financial regulators have favored federal preemption of state authority. Under the Biden Administration, however, many red states invoked their consumer protection powers to challenge federal agency actions and defend federalism. This panel will explore ongoing state...
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2025 Mike Lewis Memorial Forum: The Russian Way of War

April 24, 2025 • 60 mins
Russia’s war against Ukraine has been marked by deliberate attacks on civilians, healthcare workers, and critical infrastructure. From targeting rescue personnel with follow-up strikes to direct attacks on hospitals and maternity wards, Russia’s actions raise serious questions under the Law of Armed Conflict. Additionally, its ongoing kinetic and cyber attacks on energy infrastructure further challenge established legal...
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Reform or Withdraw? The United States and the Future of the United Nations

April 24, 2025 • 58 mins
The United Nations was founded to promote peace, security, and international cooperation, but critics argue that it has become an inefficient bureaucracy that often works against U.S. interests. In particular, UN agencies and organizations – in which each UN Member State can choose whether or not to participate – have sometimes taken positions in conflict with what some U.S. policy makers regard as important principles ...
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Litigation Update: Martin v. United States

April 24, 2025 • 41 mins
When federal law enforcement raids the wrong home, do innocent homeowners have any legal recourse? The answer is more complicated than one might expect. Over the years, the Supreme Court has limited the ability to bring constitutional claims against federal officers, citing the absence of a congressionally authorized cause of action. However, Congress has provided a remedy for certain torts committed by federal law enforcement thro...
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The Case of Mahmoud Khalil: Free Speech or National Security?

April 24, 2025 • 60 mins
Mahmoud Khalil, a Palestinian green card holder, was detained by ICE on March 8 and faces deportation for his involvement in the protests and disruptions at Columbia University related to the war between Hamas and Israel. The U.S. government cites an immigration law provision allowing his deportation because of “serious adverse foreign policy consequences.” Critics have argued that the government's action is retaliation...
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Prosecution Laches: No Good Deed Goes Unpunished!

April 23, 2025 • 66 mins
Prosecution laches is an infrequently used equitable doctrine that bars enforcement of a patent when the patentee has unreasonably delayed prosecution in a way that prejudices others. It is most commonly used by accused infringers as a defense in patent litigation, although the USPTO can also use it as a basis for refusing allowance. Regardless, it is most often used against the backdrop of multiple continuation applications.
Contin...
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A Seat at the Sitting - April 2025

April 23, 2025 • 86 mins
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.

Kennedy v. Braidwood Management (April 21) - Appointments Clause; Issue(s): Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that the structure of the U.S. Preventive Services Task Force violates the Constitution's appointments clause and in ...
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Litigation Transparency Act of 2025: Patents, Policy, and Legal Ethics

April 22, 2025 • 59 mins
Prompted by the reintroduction of federal Litigation Transparency Act legislation, this panel will address a variety of issues raised by litigation funding with a special focus on patent litigation. Panelists will provide an overview of the Act and consider likely reactions from various constituencies, giving possible policy arguments for and against litigation funding disclosure. The panel will also consider constitutional and pra...
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Who is the Prosecutor Here?: Rule 48(a) and the Michael Flynn, January 6, and Eric Adams Cases

April 22, 2025 • 62 mins
The Federal Rule of Criminal Procedure 48(a) reads, “The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.” This rule has recently been used by the Justice Department in cases like the Mayor Eric Adams case and January 6th cases. In both instances, judges have questioned the reasons for the d...
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Courthouse Steps Decision: Bondi v. VanDerStok

April 17, 2025 • 46 mins
Bondi v. VanDerStok concerned whether the ATF's 2022 update to its regulations under the Gun Control Act of 1968 (GCA), which articulated that federal law requirements that apply to the manufacture and sale of standard firearms also apply to "ghost guns" --readily convertible weapons parts or receiver kits-- exceeds the mandate of the same. The ATF argued it simply clarified what had already been true in response to the notable ris...
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Tracking and Ending Religious Discrimination

April 17, 2025 • 62 mins
A new project sponsored by a coalition of organizations seeks to track the various ways that federal and state programs discriminate against religious participants in a range of funding programs despite a series of Supreme Court cases holding such discriminatory treatment unconstitutional. The Religious Discrimination Tracker is a project of the EPIC Coalition (a multi-faith coalition that focuses on education), the Teach Coalition...
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The Weaponization of DOJ?

April 16, 2025 • 59 mins
High-profile politically adjacent actions (including prosecutions, pardons, & dismissals) from both the current and past administrations have inspired increasing concern over the potential weaponization of the U.S. Department of Justice. This concern has led to recent executive actions in this area --President Trump issued an Executive Order on the first day back in office on "Ending the Weaponization of the Federal Governm...
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