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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,

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All Episodes

48:32

Courthouse Steps Oral Argument: Federal...

FedSoc Forums ·

2025/04/10

The Federal Communications Commission (FCC) is authorized by Congress to regulate interstate and international communications and, as part of that, to maintain a universal service fund that requires telecommunications carriers to contribute quarterly based on their revenues. In order to calculate these contribution amounts, the FCC contracts the help of the Universal Service Administrative Company (USAC).The constitutionality of these delegations of power—to the FCC by Congress and to USAC by

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56:30

Courthouse Steps Oral Argument: Medina v. Planned...

FedSoc Forums ·

2025/04/10

In July of 2018, Governor Henry McMaster of South Carolina issued an executive order to terminate the inclusion of Planned Parenthood in the Medicaid program. The Department of Health and Human Services then informed Planned Parenthood that they were no longer qualified to provide services to Medicaid beneficiaries, which prompted lawsuits both from Planned Parenthood and beneficiaries seeking to enforce their right to “free-choice-of-provider,” included in a 1967 Medicaid provision

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51:10

Litigation Update: Henderson and Parents Defending...

FedSoc Forums ·

2025/04/08

How much control can public schools exercise over the speech of their students and staff on divisive issues such as anti-racism and using preferred pronouns? Two en banc cases out of the Sixth Circuit and Eighth Circuit are poised to answer that question soon. In Henderson v. Springfield R-12 School District, the Eighth Circuit will decide whether a school district’s “equity training” violated the First Amendment by requiring employees to give the school’s preferred answer to

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60:46

Courthouse Steps Oral Argument: Catholic Charities...

FedSoc Forums ·

2025/04/08

On March 31, 2025, the Supreme Court will hear oral arguments in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission.Wisconsin’s unemployment insurance program provides financial assistance to those who have lost their job through no fault of their own. Under state law, certain nonprofit organizations can opt out of the program, including those operated primarily for religious purposes. Catholic Charities of the Diocese of Superior—a religious ministry that

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60:05

Courthouse Steps Oral Argument: Louisiana v. Callais

FedSoc Forums ·

2025/04/01

Louisiana's congressional districts, which it redrew following the 2020 census, currently sit in a state of legal uncertainty.The map initially only had one majority-black district. However, following a 2022 case called Robinson v. Ardoin (later Laundry), which held that it violated section 2 of the Voting Rights Act, Louisiana re-drew the map to include two majority-black congressional districts.In January 2024, a different set of plaintiffs sued alleging the new map violated the Fourteenth and

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45:31

Courthouse Steps Decision: Delligatti v. United States

FedSoc Forums ·

2025/04/01

Delligatti v. United States concerned whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.Known by some as the "non-violent murder case" Delligatti ties into a larger conversation on the way "violent"/"use-of-force" crimes are defined categorically rather than on a solely case-by-case basis.Oral argument was heard by the Supreme Court in early November 2024, and on

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64:03

The Roots, Applications, and Trajectory of the Church...

FedSoc Forums ·

2025/04/01

The First Amendment’s Religion Clauses guarantee religious entities the freedom to make certain internal governance decisions without State interference. Supreme Court cases like Kedroff v. St. Nicholas Cathedral (1952), Serbian Eastern Orthodox Diocese v. Milivojevich (1976), Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012), and Our Lady of Guadalupe School v. Morrissey-Berru (2020) have affirmed that this constitutional protection bars civil courts from intruding into

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58:25

Can the Federal Government Ban At-Home Distilling?

FedSoc Forums ·

2025/03/26

After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes were unconstitutional as those statutes were beyond the power of Congress to enact, some claimed it was the dawn of a new federalism revolution. However, such challenges to federal power did not seem to continue.Now, a new case McNutt v. DOJ, once again directly challenges whether a federal statute is beyond Congress’s power to enact. This time, the challenge is to the federal ban on

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59:20

Unleashing American Energy at CEQ

FedSoc Forums ·

2025/03/25

On his first day back in office, President Trump issued Executive Order 14154 (Unleashing American Energy). Among numerous other objectives, this broad Executive Order directs the White House Council on Environmental Quality (CEQ) to “expedite and simplify the permitting process” by providing guidance on the implementation of the National Environmental Policy Act (NEPA) and rescinding CEQ’s NEPA regulations.Less than four weeks later, CEQ issued a Memorandum for Heads of Federal

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60:26

Disinformation in Broadcasting and the Public...

FedSoc Forums ·

2025/03/25

The Communications Act of 1934 requires that licensees operate consistent with the “public interest convenience and necessity.” Broadcast licenses, held by broadcast TV and radio stations as trustees of the public’s airwaves, must use the broadcast medium to serve the public interest and their local communities. In recent years, concerns have been raised about how broadcasters are fulfilling these obligations, particularly regarding the nature of their news programming. Complaints

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89:43

A Seat at the Sitting - March 2025

FedSoc Forums ·

2025/03/25

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.Louisiana v. Callais (March 24) - Election law, Civil Rights; Issue(s): (1) Whether the majority of the three-judge district court in this case erred in finding that race predominated in the Louisiana legislature’s enactment of S.B. 8; (2) whether the majority erred in finding that S.B. 8 fails strict scrutiny; (3) whether

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59:30

Litigation Update: United States v. Peterson

FedSoc Forums ·

2025/03/19

In February 2025, the Fifth Circuit issued an opinion in United States v. Peterson, ruling that suppressors were not "firearms" and thus not subject to Second Amendment protection.George Peterson was the proprietor of PDW Solutions, LLC, a firearm business that he operated in part out of his home. In summer of 2022, as part of an ongoing Bureau of Alcohol, Tobacco, and Firearms (ATF) investigation, a search warrant was executed at his home. Among the items discovered was an unregistered suppressor

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56:49

Do Foreign States Deserve Due Process? “Minimum...

FedSoc Forums ·

2025/03/19

Devas v. Antrix considers whether foreign governments are protected by the Fifth Amendment’s Due Process Clause in the context of international arbitrations. The Ninth Circuit held that Antrix, an Indian government-owned corporation, lacked sufficient “minimum contacts” to meet the Due Process Clause and therefore dismissed attempts by petitioner Devas to enforce an arbitration award from India. Devas, supported by the U.S. Department of Justice, the U.S. Chamber of Commerce, and

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45:07

The Role of Language in the Transgender Movement

FedSoc Forums ·

2025/03/19

This program will explore key lessons learned on the role of language in shaping the gender debate, including the implications of replacing the term “sex” with “gender.” The speakers will examine where the feminist and conservative positions on gender diverge, analyze the current landscape, and offer perspectives for the future.Join May Mailman, former Legal Director at the Independent Women’s Forum, and feminist Kara Dansky, author of The Reckoning: How the Democrats

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62:50

Environmental Justice - Dead or Just Napping?

FedSoc Forums ·

2025/03/18

Environmental Justice - an effort to affirmatively address disproportionate pollution and environmental burdens borne by low-income and minority communities - grew from an Executive Order by President Clinton in 1994 through expanded efforts across the entire federal government with special emphasis at DOJ and the EPA in the Biden Administration. President Trump issued an Executive Order on his second day in office prohibiting "... all discriminatory and illegal preferences...," followed by a

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31:47

Courthouse Steps Decision: City and County of San...

FedSoc Forums ·

2025/03/12

City and County of San Francisco v. Environmental Protection Agency concerned whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform. On March 4, 2025, the Court held that the Clean Water Act does not authorize the

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56:10

Litigation Update: Department of State v. AIDS...

FedSoc Forums ·

2025/03/11

Over the past couple of weeks, there have been several developments in the litigation surrounding the Trump Adminsitration’s directives pausing disbursements of foreign development assistance funds.On February 25, 2025, a D.C. District judge ordered the Administration to issue a portion of the payments that it had previously sought to pause by the next day (that is, by 11:59 p.m. on February 26). The Trump Administration appealed to the Supreme Court requesting an administrative stay, which

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29:52

Litigation Update: Wilcox v. Trump

FedSoc Forums ·

2025/03/06

In late January, President Donald Trump fired Gwynne Wilcox, a member of the National Labor Relations Board. The termination was controversial because Member Wilcox, like all Board members, was arguably protected from removal by the National Labor Relations Act. The Act says that a Board member may be removed only for “malfeasance” or “neglect of duty.” It also requires the member to be given “notice and a hearing.” In firing Member Wilcox, the President cited no

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40:04

Litigation Update: Figliola v. The School Board of...

FedSoc Forums ·

2025/03/06

The Harrisonburg City school board enacted a policy that required school staff to affirm the board’s view on gender identity including when it conflicted with the staff’s own religious beliefs. Upon any child’s request, the school district policy required staff to immediately begin using opposite-sex pronouns and forbid staff from sharing the information with parents. Middle-school teacher, Deb Figliola challenged the board’s policy as violations of the Virginia

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58:50

You’re Fired! Trump, Tenure Protection, and the...

FedSoc Forums ·

2025/03/06

The recent flurry of firings in the federal government has sparked new questions surrounding the president’s removal power and its limits. Several lawsuits have now been filed over precisely these questions. These suits could bring an old case back to the forefront—Humphrey's Executor v. United States—in which the Supreme Court ruled that the president cannot constitutionally remove an FTC Commissioner without "inefficiency, neglect of duty, or malfeasance in office," as ordered in

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