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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

59:59

20 Years Later: Kelo v. City of New London

FedSoc Forums ·

2025/07/08

In June of 2005, the U.S. Supreme Court held in Kelo v. City of New London that the local government did not violate the Fifth Amendment's Public Use Clause when it condemned private residential lots and transferred them to commercial developers to promote local economic development as part of a comprehensive municipal development plan. Kelo was certainly a landmark decision and, twenty years later, its impact is still felt and merits further consideration. Join our panel as it discusses

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56:02

Courthouse Steps Decision: Diamond Alternative Energy...

FedSoc Forums ·

2025/07/08

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 The waiver was withdrawn due to a lack of “compelling and extraordinary conditions” and because California could not show a direct connection between greenhouse gas emissions and

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61:49

Does "Board Law" Matter after Loper Bright?

FedSoc Forums ·

2025/07/07

Administrative law is in flux, nowhere more so than at the National Labor Relations Board. The Board has long made labor law (or “policy”) by issuing decisions and applying its own precedent. But in a recent oral argument at the Seventh Circuit, one member of the panel suggested that he didn’t want to hear about “Board law.” The judges, he said, could read the statute for themselves. That statement was controversial and thought-provoking. After last term’s

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52:06

Courthouse Steps Decision: Mahmoud v. Taylor

FedSoc Forums ·

2025/07/07

Mahmoud v. Taylor concerns the question of 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 provide parents the right to receive notice and opt their kids out of books that

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61:38

Litigation Update: Legal Developments Surrounding...

FedSoc Forums ·

2025/07/02

In recent years, a flurry of lawsuits has been launched nationwide against religious organizations, raising fraud and other claims related to tithing and church donations. These challenges generally argue that church leaders falsely claimed they would only put donations to one use, but instead put them to another. These cases, which have been heard in the 9th, 10th, and D.C. Circuits, as well as multi-district litigation in federal court in Utah, raise church autonomy issues, such as the extent to

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37:23

Courthouse Steps Decision: Medina v. Planned...

FedSoc Forums ·

2025/06/30

in July of 2018, Governor Henry McMaster of South Carolina issued an executive order to end 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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41:55

Courthouse Steps Decision: EPA v. Calumet Shreveport...

FedSoc Forums ·

2025/06/26

On June 18, 2025, the Supreme Court released its decisions for two circuit splits arising under the Clean Air Act (CAA) provision regarding judicial venue: EPA v. Calumet Shreveport Refining, L.L.C. (23-1229), and Oklahoma v. EPA (23-1067). Decided 7-2 and 8-0, respectively, the outcome of these cases hinged on the Court’s interpretation of the CAA’s unique venue provision, 42 U.S.C. § 7607(b)(1). The CAA states that challenges to “nationally applicable” actions may be

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49:19

Courthouse Steps Decision: United States v. Skrmetti

FedSoc Forums ·

2025/06/20

In the last several years, numerous minors who identify as transgender have undergone surgery and other medical procedures to mirror common physical features of the opposite sex.In March 2023, Tennessee enacted Senate Bill 1, which prohibits medical procedures for the purpose of either (1) enabling a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex, or (2) treating purported discomfort or distress from a discordance between the minor’s sex and

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65:05

Checks and Balances: Deregulation Based on Supreme...

FedSoc Forums ·

2025/06/18

Among the points emphasized by the second Trump administration has been a major push for deregulation. President Trump has directed that there must be ten deregulatory actions for every one regulatory one, and put forward Presidential Memoranda and Executive Orders to that end. As some have noted, however, such deregulation can take significant time due to factors like the requirements for notice and comment under the Administrative Procedure Act.Interestingly, an April Presidential Memorandum seems

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38:20

Courthouse Steps Decision: Kousisis v. United States

FedSoc Forums ·

2025/06/18

In Kousisis v. United States, the Supreme Court considered the question of whether a defendant who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud--even if the defendant did not seek to cause the victim economic loss. It heard oral argument on December 9, 2024, and on May 22, 2025, issued a unanimous decision authored by Justice Barrett affirming the lower court's holding that the defendant could be convicted of federal fraud.Although

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46:05

Courthouse Steps Decision: Smith & Wesson Brands,...

FedSoc Forums ·

2025/06/18

In Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, Mexico brought suit against several U.S. gun manufacturers, including Smith & Wesson. It alleged, among other things, that they were in part liable for the killings perpetrated by Mexican cartels. Mexico argued that the gun manufacturers know the guns they sell are/may be illegally sold to the cartels and thus are the proximate causes of the resulting gun violence.The manufacturers argued that they were immune from such suits under

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55:50

Proxy Plumbing - A Primer for the Coming Policy Debate

FedSoc Forums ·

2025/06/18

The SEC has periodically examined the ecosystem governing public company shareholder communications and voting—the “proxy plumbing ecosystem”—and it is expected that the SEC will again review this area under soon-to-be SEC Chairman Paul Atkins’ leadership. This panel will focus on how the proxy ecosystem works, the organizations that control and maintain the “plumbing” and the roles each participant plays in assuring that shareholders can get their votes

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60:07

Antitrust in the College Sports Arena

FedSoc Forums ·

2025/06/18

In 2020, several collegiate athletes filed suit against the National Collegiate Athletic Association (NCAA) arguing that by both denying athletes compensation and preventing them from pursuing third-party deals using their names, images, or likenesses (NIL) for profit, the NCAA was violating antitrust laws. After several years of discussion, there has still not been an official settlement reached, though one including back pay, revenue sharing, and a change in NIL rights has been proposed. Join this

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57:39

Regulatory Reform for 5G Deployment: Infrastructure...

FedSoc Forums ·

2025/06/11

The ubiquitous deployment of both wireless and wireline technology is critical to 5G and other next generation services. However, lengthy permitting processes, as well as burdensome NEPA and NHPA requirements, continue to slow infrastructure builds. As the Trump Administration continues to prioritize streamlining rules and regulations, as well as promoting access to reliable, affordable broadband internet, all eyes are on the FCC, NTIA, and the Hill to see what may come next. This webinar features

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57:49

Litigation Update: Bournemouth, Christchurch, and...

FedSoc Forums ·

2025/06/11

In April, Dr. Livia Tossici-Bolt was criminally convicted in a British court for offering consensual conversation in an abortion facility “buffer zone” in Bournemouth, England. The court found that she violated a Public Spaces Protection Order that prohibits “engaging in an act of approval or disapproval with regard to abortion services,” despite holding a sign that simply read: “Here to talk if you want." The U.S. State Department issued a statement of concern about

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39:43

Fireside Chat with Ambassador Kay Bailey Hutchison

FedSoc Forums ·

2025/06/11

Ambassador Kay Bailey Hutchison served as the U.S. Ambassador to NATO from 2017-2021. From 1993-2013, she represented Texas in the U.S. Senate. Join us for a conversation about her life and career.Featuring: Hon. Kay Bailey Hutchison, Former U.S. Ambassador to NATO; Former U.S. Senator, TexasModerator: Nitin Nainani, Judicial Law Clerk, U.S. District Court for the Southern District of Florida

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61:57

Digital Assets Market Structure Reform

FedSoc Forums ·

2025/06/11

Reforming the regulation of digital assets is a pressing issue across Congress, the Administration, the SEC, and the CFTC, profoundly impacting the expanding digital assets industry. Join the Federalist Society for a timely webinar delving into the complexities of digital assets market structure reform. Patrick Daugherty, who leads a prominent digital assets practice and teaches the subject at leading law schools, will moderate a distinguished panel of experts. The discussion will feature Miles

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63:14

Emerging Issues in the Use of Generative AI: Ethics,...

FedSoc Forums ·

2025/06/11

The idea of Artificial Intelligence has long presented potential challenges in the legal realm, and as AI tools become more broadly available and widely used, those potential hurdles are becoming ever more salient for lawyers in their day-to-day operations. Questions abound, from what potential risks of bias and error may exist in using an AI tool, to the challenges related to professional responsibility as traditionally understood, to the risks large language learning models pose to client

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21:03

Courthouse Steps Decision: Catholic Charities Bureau,...

FedSoc Forums ·

2025/06/10

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 serves people with disabilities, the elderly, and the impoverished—requested an exemption from the state’s program so that it could

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40:23

Courthouse Steps Decision: Ames v. Ohio Department of...

FedSoc Forums ·

2025/06/10

Marlean Ames, a straight woman, was denied promotion and later demoted in her role at the Ohio Department of Youth Services by her lesbian supervisor. The position she sought and her former position were then given to a lesbian woman and a gay man, respectively. This prompted Ames to file suit under Title VII of the Civil Rights Act of 1964, arguing that she was unlawfully discriminated against based on her sexual orientation because she is heterosexual. The Sixth Circuit Court of Appeals affirmed

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1,313 results

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