FedSoc Blog

October 1st marks the first day of the 2012 Supreme Court Term. Thus far the Court's docket includes major cases about affirmative action, international law and the alien tort statute, national security, criminal law, and others.  Notable cases include Fisher v. University of Texas at Austin, concerning the Equal Protection Clause and a public university's use of race in undergraduate admissions; Kiobel v. Royal Dutch Petroleum, about the application of the Alien Tort Statute to human rights abuses abroad, and whether the statute covers corporations; Clapper v. Amnesty International USA, regarding the right to challenge the constitutionality of a global terrorism wiretapping program; Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, concerning the proof that investors need to pursue a securities fraud claim by class-action lawsuit; and Florida v. Harris and Florida v. Jardines, about police use of a drug-sniffing dog to search the exterior of a private residence under the Fourth Amendment, and whether a dog’s “alert” constitutes probable cause for search of a private vehicle.  The Court is also likely to add other significant cases, including potentially a case filed by proponents of California’s “Proposition 8” challenge, which now has a certiorari petition pending. In addition to these cases and others, the panelists will discuss the current composition and the future of the Court, a particularly timely topic in light of the upcoming presidential election. On September 27th, the Federalist Society is holding its October Term 2012 preview.  Here are the details:

Start : Thursday, September 27, 2012 12:00 PM

End   : Thursday, September 27, 2012 2:30 PM

Location: National Press Club, 529 14th Street NW, Washington, DC 20045

Featuring:

• Mr. Tom Goldstein, Founding Partner, Goldstein & Russell P.C.
• Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center
• Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network
• Mr. Stuart Taylor, Contributing Editor, National Journal
• Hon. Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft
• Moderator: Mr. Pete Williams, NBC News Justice Correspondent

Registration details:

The cost to attend this event is $25. Lunch will be included. There is no cost for Press.

Please register online as space is limited.

This Friday, September 22nd, Georgetown University Law Center and the Berkley Center for Religion, Peace & World Affairs at Georgetown University are sponsoring "Contraception and Conscience: A Symposium on Religious Liberty, Women's Health and the HHS Rule on Provision of Birth Control Coverage for Employees." The participants will examine the legal, theological, health, equality and ethical issues relating to the recent U.S. Department of Health and Human Services rule requiring employers to subsidize preventive health services for employees. They will explore the religious accommodations in the HHS rule and the lawsuits filed by religious objectors challenging the rule.

Here is the schedule:

9:00 – 9:10 a.m.
Introduction
William M. Treanor, Dean, Georgetown University Law Center

9:10 – 10:45 a.m.
Panel One: The Legal Challenges to the HHS Contraception Rule
Martin Lederman, Professor, Georgetown University Law Center
Louise Melling, Deputy Director, American Civil Liberties Union
Melissa Rogers, Director, Center for Religion and Public Affairs, Wake Forest University School of Divinity
Robert Vischer, Professor and Associate Dean for Academic Affairs, University of St. Thomas School of Law
Lori Windham, Senior Counsel, Becket Fund for Religious Liberty

11:00 a.m. – 12:45 p.m.
Panel Two: What Is the Burden on Religious Exercise?
Lisa Sowle Cahill, Professor, Boston College
Patrick Deneen, Professor, University of Notre Dame
Cathleen Kaveny, Professor, University of Notre Dame
Michael Kessler, Associate Director, Berkley Center for Religion, Peace & World Affairs, Georgetown University
John Langan, S.J., Professor, Georgetown University
Robert Tuttle, Professor, George Washington University Law School

2:15 – 4:00 p.m.
Panel Three: A Broader Focus
Gregg Bloche, Professor, Georgetown University Law Center
Tracy Fessenden, Professor, Arizona State University
Eduardo Peñalver, Professor, Cornell University Law School
Robin West, Professor, Georgetown University Law Center
Robin Fretwell Wilson, Professor, Washington and Lee University School of Law

For more information, click here.

In celebration of the 225th anniversary of the U.S. Constitution, Justice Clarence Thomas will join Akhil Amar of Yale Law School tonight at the National Archives to discuss the Constitution’s past, present, and future.  The event, which is co-sponsored by the Federalist Society and the Constitutional Accountability Center, will be streamed live at 7:00 p.m. ET at www.booktv.org.

Since Wisconsin governor Scott Walker's push to limit the scope of collective bargaining, public-sector unions have been increasingly in the spotlight—or perhaps in the crosshairs. New Jersey governor Chris Christie attacked teachers' unions in popular YouTube videos, and Indiana recently became the 23rd "right to work" state. In Shadowbosses: Government Unions Control America and Rob Taxpayers Blind, Mallory and Elizabeth Factor highlight the political power of public-sector unions. The authors argue that public-sector unions use underhanded and often illegal tactics to increase the support for liberal politicians. The authors also argue that public-sector unions are fighting to unionize as many people as they can—including anyone who accepts any form of state subsidy—and thus to wield more power over our government and our lives. In response, union supporters contend that public-sector unions help secure important rights for government employees who would otherwise lack the power to bargain effectively over the conditions of their employment. So do public-sector unions serve legitimate public interests or are they another interest group seeking more from the government? Join us to hear the comments from author as well as the perspective a union representative with intimate knowledge of unions' political activities.

Panelists:

Prof. Mallory Factor, John C. West Professor, International Politics and American Government, The Citadel
Chris Townsend, Political Action Director, United Electrical, Radio, and Machine Workers of America, Commentary
Trevor Burris, Legal Associate, Center for Constitutional Studies, The Cato Institute, Moderato

Date: Wednesday, September 12, 2012
Time: 12:00 noon
Location: The Cato Institute, 1000 Massachusetts Avenue NW, Washington, DC

There is no charge to attend this event, which is co-sponsored by FedSoc and the Cato Institute. Lunch will be served following the presentation.  To register, click here.

In a recent SCOTUSblog symposium marking the 50th anniversary of the publication of Alexander Bickel's The Least Dangerous Branch, Roger Pilon argued that the twin themes that emerged from that important volume -- the "countermajoritarian difficulty" and the "passive virtues" -- were especially influential in shaping the constitutional thought of Bickel's colleague, Robert Bork. Whatever their differences, Bork subsequently became seminal figure in shaping the modern conservative legal movement, especially through the Federalist Society. But those ideas led also to a response within that movement from libertarians concerned as much about the "majoritarian difficulty," all of which has led to a spirited debate on the Right over the nation's "First Principles." Contributing also to the SCOTUSblog symposium, Adam J. White noted the Madisonian and Burkean elements in Bickel's writings. Drawing on what he sees as Bickel's "principled prudence," he cautioned "not to press the Court to recognize rights divorced from principles rooted in national experience," thus affording us a good contrast for the discussion at hand.

FedSoc's Federalism & Separation of Powers Practice Group invites you to join a teleforum on the subject "The Least Dangerous Branch: Still Relevant, 50 Years Later?"  Here are the details: 

Start : Thursday, September 6, 2012 2:00 PM

End   : Thursday, September 6, 2012 3:00 PM

Featuring:

• Dr. Roger Pilon, Cato Institute
• Mr. Adam J. White, Boyden Gray & Associates

Agenda: Call begins at 2:00 p.m. Eastern Time.

Registration details: Teleforum calls are open only dues paying members of the Federalist Society. To become a member, sign up here.

The Federalist Society's D.C. Young Lawyers Chapter cordially invites you its fall reception on September 20.

Speakers:

• Meghan Clyne, Managing Editor, National Affairs
• Jonathan Last, Senior Writer, The Weekly Standard
• Ramesh Ponnuru, Senior Editor, National Review

Start : Thursday, September 20, 2012 6:30 PM

End   : Thursday, September 20, 2012 8:30 PM

Location: Irish Whiskey, 1207 19th Street NW, Washington, DC 20036

Details: Appetizers will be served and a cash bar will be available.

**The first 50 guests to RSVP will receive a free drink ticket.** Register here.

October 1st marks the first day of the 2012 Supreme Court term. Thus far the docket includes major cases about affirmative action, international law and the alien tort statute, national security, criminal law, and others.  A few notable cases include Fisher v. University of Texas at Austin, concerning a public university use of race in undergraduate admissions decisions and the Equal Protection Clause; Kiobel v. Royal Dutch Petroleum, about the application of the Alien Tort Statute to human rights abuses abroad, and whether the statute covers corporations; Clapper v. Amnesty International USA, regarding the right to challenge the constitutionality of a global terrorism wiretapping program; Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, concerning the proof that investors need to pursue a securities fraud claim by class-action lawsuit; and Florida v. Harris and Florida v. Jardines, about police use of a drug-sniffing dog to search the exterior of a private residence under the Fourth Amendment, and whether the dog’s “alert” constitutes probable cause for search of a private vehicle.  The Court is also likely to add other significant cases, including a case filed by proponents of California’s “Proposition 8” challenge, which now has a cert petition pending. In addition to these cases and others, the panelists will discuss the current composition and the future of the Court, a particularly timely topic in light of the upcoming Presidential election.

On September 27, 2012, the Federalist Society will be hosting a panel on the October term.

Featuring:

• Mr. Tom Goldstein, Founding Partner, Goldstein & Russell P.C.
• Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center
• Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network
• Mr. Stuart Taylor, Columnist, National Journal
• Hon. Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft
• Moderator: Mr. Pete Williams, NBC News Justice Correspondent

Start : Thursday, September 27, 2012 12:00 PM

End   : Thursday, September 27, 2012 2:30 PM

Location: National Press Club, 529 14th Street NW, Washington, DC 20045

Registration details: The cost to attend this event is $25. Lunch will be included. There is no cost for press. Please register online as space is limited.

The Federalist Society's New York City Lawyers Chapter cordially invites you to a luncheon and book signing with the Honorable Antonin Scalia.  
 
Justice Antonin Scalia will discuss his new book (co-authored with Bryan A. Garner), Reading Law: The Interpretation of Legal Texts. A book signing will follow. Here are the details:
 
Date: Tuesday, September 18, 2012

Time:
11:30 a.m. - Registration
12:00 p.m. - Lunch & Discussion
(Book signing to follow.)

Location:
New York Athletic Club, 180 Central Park South, New York, NY 10019
 
Cost:
The cost of the luncheon is $50. Students may pay a discounted rate of $25.
(No refunds will be given after September 14.)
 
Books will be available for purchase.
 
Space is limited. Pre-registration is required. Click here to register today.

With several weeks time to reflect on the U.S. Supreme Court's health care case, Professor Randy Barnett will discuss the commerce clause, tax power and Medicaid decisions, and their implications. 

Featuring:

• Prof. Randy E. Barnett, Georgetown University Law Center

Agenda:

Call begins at 2:00 p.m. Eastern Time.

Registration details:

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

The Federalist Society D.C. Young Lawyers Chapter presents:

Hon. Paul D. Clement
Partner, Bancroft PLLC
Former Solicitor General of the United States (2004-2008)

Start : Tuesday, July 31, 2012 7:00 PM

End   : Tuesday, July 31, 2012 9:00 PM

Location: Smith & Wollensky, 1112 19th Street NW, Washington, DC 20036

Registration details:

Cost: $20 per person

Drinks and heavy hors d'oeuvres will be served.

You must pre-register to attend. No refunds will be given after Friday, July 27.

Today at 4 pm ET the Federalist Society's Federalism & Separation of Powers Practice Group will be hosting a Teleforum on the Obamacare decision.

NFIB v Sebelius, the health care case, has been decided by the U.S. Supreme Court.  The Court has determined that the individual mandate exceeds the Commerce Clause power of Congress, but can be upheld under the taxing power.  The Medicaid expansion provision was upheld, but the Court ruled that Congress could not take back Medicaid funds from states that decide to not participate in the expansion.  Join us as David Rivkin, the litigator who began this important case by filing the lawsuit in federal district court on behalf of numerous states and the NFIB, explains the decision and the dissents.

Registration details:

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

This week, the U.S. Supreme Court handed down its decision in the highly anticipated immigration case, Arizona v. U.S. The Court’s decision was split, striking down some sections of Arizona’s law, but upholding others. Our experts will provide information the future of immigration law enforcement and the division of authority between the Federal and state governments.

Tomorrow June 25, FedSoc's Civil Rights Practice Group will be hosting a teleforum on the case. 

Featuring:

• Dr. John C. Eastman, Chapman University School of Law
• Prof. Margaret D. Stock, Lane Powell PC

Agenda:

Call begins at 1:00 p.m. Eastern Time.

Registration details:

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Three experienced appellate advocates will review the California Supreme Court's most significant decisions in 2011-12, in a discussion led by former Justice Carlos Moreno in Century City.

Speakers:

• Rex Heinke, Akin Gump Strauss Hauer & Feld LLP
• Lisa Jaskol, Public Counsel Law Center
• Jeremy B. Rosen, Horvitz & Levy LLP
• Hon. Carlos R. Moreno (Moderator), Irell & Manella LLP and former Associate Justice, California Supreme Court

Start : Tuesday, June 12, 2012 12:00 PM

End   : Tuesday, June 12, 2012 1:30 PM

Location: 2029 Century Park East, Concourse Level, Conference Room A, Los Angeles, California 90067

Registration details:

RSVP: Please respond by sending an email to lafedsoc@gmail.com if you wish to attend.

The cost of the luncheon is $15. Payment may be submitted in advance by mailing a check made payable to the Federalist Society to:
Andrew Pappas
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071

Payment (cash or checks only) will also be accepted at the door.

MCLE Credit: One Hour

This event is being co-sponsored by the Libertarian Law Council.

As the nation awaits the Supreme Court’s soon-to-be-announced decision on the constitutionality of the Affordable Care Act, the National Constitution Center’s Peter Jennings Project and The Constitutional Sources Project (ConSource) present a timely program in Philadelphia to illuminate the impact of this pivotal ruling.  Joined by other key experts, distinguished law professors Jack Balkin of Yale Law School and Randy Barnett of Georgetown Law Center will explore the decision’s real-world consequences on the Constitution and other legislation built on Commerce Clause power. This event will be moderated by award-winning journalist John Hockenberry.

Experts Include:

• Stephanos Bibas, Professor of Law and Criminology and Director of the Supreme Court Clinic at the University of Pennsylvania Law School
• Jamal Greene, Associate Professor at Columbia Law School and a former clerk for Justice John Paul Stevens
• Ilya Shapiro, Senior Fellow in Constitutional Studies at the Cato Institute and Editor-in-Chief of the Cato Supreme Court Review
• Neil Siegel, Professor of Law and Political Science and co-director of the Program in Public Law at Duke University School of Law

Location:

F.M. Kirby Auditorium, National Constitution Center, 525 Arch St., Independence Mall, Philadelphia, PA

To register, click here.

On Monday, May 14, FedSoc's Administrative Law & Regulation Practice Group will be hosting a teleforum on Benefit-Cost Analysis (BCA) has been embraced by every President since Richard Nixon as a general purpose tool for evaluating the merits of administrative decisions, even while it has been assigned a subordinate role – or no role at all – in the statutory frameworks for making those decisions.  One consequence is that we have a voluminous record of BCA performance in the executive branch, but only a handful of cases in which it has played an important role in judicial review of rules.  Now, amid widespread claims that federal regulation is contributing to America’s continuing economic troubles, BCA is getting more attention.  As practiced, does it give an accurate picture of the economic consequences of regulatory actions?  Should we rely on it or require it, more than we do, to guide administrative discretion?  Our two experts will talk about the state of the art and current BCA controversies in energy and environmental regulation, and in financial regulation.

Featuring:

• Dr. Sharon Brown-Hruska, National Economic Research Associates, Inc.
• Mr. Brian Mannix, Buckland Mill Associates

Agenda:

Call begins at 12:00 noon Eastern Time.

Registration details:

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.