Teleforum

The U.S. Department of Education’s Office for Civil Rights has launched an investigation into the legality of state bans forbidding schools from imposing mask mandates on their students. OCR indicated two major bases for potential illegality: Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, which prohibit discrimination against students on the basis of a disability and guarantee students with disabilities access to a public education. Opponents of the mask mandate bans argue that students with disabilities cannot access public education if other students and staff are not required to be masked. Proponents of the bans argue that parents should not be deprived of the right to make health decisions for their children. Other arguments concern the proper scope and limits on federal involvement in school matters.Featuring:Prof. Robert Dinerstein, Professor of Law, American University Washington College of LawSarah Perry, Legal Fellow, Heritage Foundat

The Biden administration has announced it is considering clemency for convicted drug offenders among the approximately 4,000 prisoners released early from federal prison due to the pandemic, who are subject to being returned when the national emergency declaration expires. Some argue this does not go far enough, noting the administration has not proposed structural changes to a process they describe as marred by delays and political favoritism in administrations of both parties. Among the key questions are how to balance expectations for finality among prosecutors, victims, and the public with the benefits of second chances earned after an objective review. Also, this discussion will explore whether the clemency process should be partly or fully moved out of DOJ.Featuring:Rachel Barkow, Vice Dean and Charles Seligson Professor of Law; Faculty Director, Center on the Administration of Criminal Law, NYU School of LawPaul J. Larkin, Jr., Senior Legal Research Fellow, Meese Center for Legal and Judicial Studies,

Widespread concern over continued covid-19 related measures and the implementation of critical race theory in public school curricula has prompted many people to speak out at school board meetings in recent months. On September 29, 2021, the National School Boards Association submitted a letter to President Joe Biden requesting federal assistance in responding to alleged "acts of violence affecting interstate commerce because of threats to their [NSBA's] districts, families, and personal safety" which in the NSBA’s opinion "could be the equivalent to a form of domestic terrorism and hate speech." Last week, President Biden’s Attorney General Merrick Garland issued a memorandum directing the Department of Justice to investigate and partner with local law enforcement to address a "disturbing spike in harassment, intimidation, and threats of violence."Featuring: -- Hon. Michael B. Mukasey, Former United States Attorney General

On September 1, 2020, the U.S. Centers for Disease Control and Prevention took a step into nationwide housing policy, and issued a nationwide ban on evictions. With the order, the federal agency invoked a little-known WWII-era statute that empowered the agency to “make and enforce such regulations” that “are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.” The agency asserted that evictions presented a unique and unacceptable danger to the public in light of Covid-19.CDC’s order was challenged almost immediately by a variety of public interest groups on a variety of statutory and constitutional grounds. At the heart of these challenges was an objection to the agency’s determination that property owners could be forced to turn over their real property to tenants who refused to pay rent.The order was, in months-long

On June 25, 2021, President Biden’s newly appointed Housing Secretary Marcia Fudge proposed to rescind a Secretary Carson-era disparate impact rule designed to implement the Fair Housing Act. In its place, HUD would reinstate the 2013 Discriminatory Effect Standard because the 2013 rule "better states Fair Housing Act jurisprudence and is more consistent with the Fair Housing Act’s remedial purposes." By the time notice and comment ended on August 24, 2021, over ten thousand public comments had been submitted. Critics of Secretary Fudge’s proposed rule, including Ranking Member Senator Pat Toomey, argue that the change not only flouts the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities but also ultimately hurt consumers. Proponents argue that the change will move the housing market towards greater equity. Our panel of experts with a diversity of views discussed the pros and cons in a teleforum on October 11, 2021.Featuring:Paul

Has American higher education gone too far — or in the wrong direction — in how it sanctions normatively disfavored conduct? Some of these sanctions (“cancellations," as they are sometimes called) are ephemeral and others career-ending. Some are based on transgressions that almost all condemn, others on conduct that some find praiseworthy. Is higher education now more intolerant than it once was, or is it just intolerant about different things? And if academia is now intolerant about different things, has the change been beneficial or harmful? If the answer depends on how we feel about free speech, do “cancelations” — however understood -- impair free speech or advance it?Join us for Part 1 of a thoughtful series discussing cancel culture and its effect on American culture featuring:J.C. Hallman, an acclaimed author who wrote a piece entitled “In Defense of Cancel Culture” following the publication of the Harper’s Magazine letter on Justice and Open Debate. Dr. Charles Murray, the F.A. Haye Chair Emeritus in

This webinar addresses the impact that changes proposed in HR 4, the John R. Lewis Voting Rights Advancement Act of 2021, may have on drawing voting districts and litigating redistricting cases and features two renowned voting rights experts. Featuring: -- Mark Braden, Of Counsel, BakerHostetler-- Jeffrey M. Wice, Adjunct Professor of Law, New York Law School; Director, N.Y. Census and Redistricting Institute-- Moderator: Maya Noronha, Visiting Fellow, Independent Women's Law Center

On August 26, 2021, the Supreme Court of the United States ruled in Alabama Association of Realtors v. HHS that the Centers for Disease Control and Prevention (CDC) had exceeded its authority in issuing a nationwide ban on evictions. Brett Shumate, counsel of record for the Alabama Association of Realtors, joins us to discuss the litigation, the implications of the Supreme Court’s decision, and other pending cases involving the CDC’s eviction moratorium.Featuring:-- Brett Shumate, Partner, Jones Day-- Moderator: Daniel Suhr, Senior Attorney, Liberty Justice Center

Streamed live on September 30, 2021Join us for the inaugural episode of the Federalist Society’s Supreme Court Show: A Seat at the Sitting. Each month, a panel of constitutional experts will convene to discuss the Court’s upcoming docket and debrief oral arguments from the previous month. During the first two weeks of October, the Justices will hear eight oral arguments on cases ranging from national security and civil procedure to criminal law and water law. The case names, issues, and dates of argument are listed below:Mississippi v. Tennessee – water law and original jurisdiction – October 4 Wooden v. United States – the Armed Career Criminal Act – October 4Brown v. Davenport – Federal habeas petitions under 28 U.S.C. § 2254 – October 5Hemphill v. New York – the Federal Rules of Evidence and the Confrontation Clause – October 5United States v. Zubaydah – the CIA and the state secret’s privilege – October 6Cameron v. EMW Women’s Surgical Center – state civil procedure and abortion – October 12Thompson v. C

Environmental, Social and Corporate Governance (ESG) investing is growing in popularity, especially after major investment firm BlackRock signaled support for what it called "ESG Integration," or the practice of incorporating material ESG information into investment and divestment decisions. However, since this strategy is relatively young, the short- and long-term merits and potential harm to investors are both unclear.A distinguished panel joins us to discuss a new paper, titled "Corporate Collusion" and written by former U.S. Ambassador and White House Counsel C. Boyden Gray, and to offer their differing views on the legal issues involved, including ESG, ERISA requirements, fiduciary duty, and more.Additional reading includes: "What Milton Friedman Missed About Social Inequality" by Leo Strine, Jr. and Joey Zwillinger; "Restoration: The Role Stakeholder Governance Must Play in Recreating a Fair and Sustainable American Economy," by Leo Strine, Jr.Featuring:David J. Berger, Partner, Wilson SonsiniHon. C. Bo

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (the Act). Purportedly intended to help the U.S. economy recover from the COVID virus and the steps taken to prevent its spread, it calls for the Federal Treasury to provide approximately $350 billion in aid to state governments. The Act imposes on states that accept the aid a four-year prohibition against lowering taxes. By April 2, sixteen states – including Ohio, Kentucky, Tennessee, Arizona - filed suit to challenge the prohibition, claiming that the Constitution does not permit Congress to dictate how states handle their budgets. The U.S. District Court for the Southern District of Ohio permanently enjoined application of the Act’s tax-cut prohibition to Ohio, concluding that it exceeded Congress’ authority. Other courts have dismissed the suits as premature or dismissed them for lack of standing.The authority of Congress to dictate terms to the states is a perennial issue. It has been addressed before

In July, the Fifth Circuit Court of Appeals issued an opinion in Harbor Healthcare System v. United States, addressing the application of Federal Rule of Criminal Procedure 41(g) and motions to return documents improperly seized by the government in the context of a criminal False Claims Act matter. The Fifth Circuit took a more restrictive approach to seizing and segregating privileged material than we have traditionally seen, and raises interesting questions about the attorney-client privilege, search warrants, and the use of government “taint teams.”Featuring:William McClintock, Associate, King & Spalding

Fifty years ago, on August 15, 1971, President Richard Nixon put the economic and financial world into a new era. Through his decision to "close the gold window," he fundamentally changed the international monetary system into the system of today, where the whole world runs on pure fiat currencies. "The dollar was the last ship moored to gold, with all the other currencies on board, and the U.S. cut the anchor and sailed off." Nobody knew how it would turn out. Fifty years later, we are completely used to this post-Bretton Woods monetary world with endemic inflation and floating exchange rates, and take it for granted. Nobody thinks it is even possible to go back to the old world: We are all Nixonians now. How shall we judge the momentous Nixon decision in its context and since? A fundamental question with pluses and minuses remains. Is the international monetary system now permanently open to more money printing and more monetization of government debt, making faith in central banks misplaced, and expectatio

Join Mr. Peter Kirsanow and Mr. Vivek Ramaswamy in the latest installment of our Talks with Authors series to discuss Ramaswamy's newly published book: Woke, Inc.: Inside Corporate America's Social Justice Scam. A description of the book originally published here and republished below follows:---A young entrepreneur makes the case that politics has no place in business, and sets out a new vision for the future of American capitalism. There’s a new invisible force at work in our economic and cultural lives. It affects every advertisement we see and every product we buy, from our morning coffee to a new pair of shoes. “Stakeholder capitalism” makes rosy promises of a better, more diverse, environmentally-friendly world, but in reality this ideology championed by America’s business and political leaders robs us of our money, our voice, and our identity. Vivek Ramaswamy is a traitor to his class. He’s founded multibillion-dollar enterprises, led a biotech company as CEO, he became

This webinar is the first in a two-part series covering employee and employer religious rights and related labor issues. What are employees' rights to express or practice their religion at work? Can they be exempt from dress codes or grooming requirements? Can they take prayer breaks or a day off to observe the Sabbath? Can they avoid having to participate in holiday parties, abortion procedures (as medical providers), using LGBTQ pronouns, or other actions that may contradict their religious beliefs? This discussion will provide an overview of employees' rights under Title VII and other laws to religious expression, accommodation, and nondiscrimination in the workplace.Featuring: Rachel Morrison, Policy Analyst, Ethics & Public Policy Center; former Attorney Advisor, U.S. Equal Employment Opportunity CommissionModerator: Evelyn Hildebrand, Assistant Director, Practice Groups, The Federalist Society* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; a

On September 1, 2021, the Texas Heartbeat bill went into effect, banning abortions as soon as cardiac activity is present in an unborn child—around six weeks gestation. The bill also allows private citizens to sue and enforce the new law. Opponents of the bill appealed to the Supreme Court for an emergency stay and the Court denied relief, allowing the Texas law to go into effect. Joining us to discuss the Supreme Court’s decision and its implications is Ethics and Public Policy Distinguished Senior Fellow Ed Whelan. Read additional comment from Mr. Whelan on National Review. Featuring:Edward Whelan, Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center * * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Finance ministers from leading industrial states have been trying, this summer, to work out an agreement on a minimum rate for corporate taxes. Does it matter that this agreement won’t be adopted by the constitutional procedure for making treaties? Will it still matter, by itself, to U.S. tax law and tax enforcement? Should we expect other nations to abide by an agreement of this kind? Discussion with:-- Michael Ramsey, San Diego Law School (author of “Evading the Treaty Power?” FIU L.Rev 2016)-- Joshua Wu, former Deputy Assistant AG, Tax Division -- Stephen Krasner, Professor of International Relations, Stanford University (author of Power, The State and Sovereignty). -- Moderator: Jeremy Rabkin, Scalia Law School.

In July 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that California's recent school closures violated parental rights to direct the education of children, and reversed the lower court's decision upholding California's regulations as they relate to private education. Robert Dunn, who argued the case at the Ninth Circuit for plaintiffs, joins us to discuss the litigation, this ruling, and its implications.Featuring: Robert Dunn, Partner, Eimer Stahl LLPModerator: Hon. Jennifer Perkins, Division One, Arizona Court of Appeals* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Professor George La Noue joined us to discuss his recently published article, “The Race Card in ARPA’s Food Supply Deck,” published by the Federalist Society Review on July 12, 2021. In his article, Professor La Noue discused the American Rescue Plan Act of 2021, which appropriated $1.9 trillion, $28.6 billion of which would be administered by the Small Business Administration. Since passage, numerous lawsuits have been filed against the SBA on Fifth Amendment grounds alleging unconstitutional sex-based and race-based discrimination. Other suits have been filed against the United States Department of Agriculture for an allegedly unconstitutional loan forgiveness scheme on the same Fifth Amendment grounds. Read Professor La Noue’s analysis of the arguments and country-wide pending litigation is here.Featuring:Professor George La Noue, Professor Emeritus of Political Science and Professor Emeritus of Public Policy, University of Maryland Baltimore CountyModerator: Hon. Kenneth L. Marcus,

In a January 26, 2021 White House Memorandum, President Biden directed the Secretary of Housing and Urban Development to reexamine actions taken during the Trump presidency, and ordering the Secretary to ensure the 1968 Fair Housing Act, which bans discrimination, was being properly administered. On that initiative, Housing Secretary Marcia Fudge moved to reinstate two Obama-era Fair Housing rules rejecting former Secretary Ben Carson’s previous directives.Secretary Fudge rescinded Secretary Carson’s interpretation of the disparate impact rule, rescinded the Preserving Community and Neighborhood Choice Rule, and reinstated the Affirmatively Furthering Fair Housing Rule.Featuring: Howard Husock, Senior Fellow, Domestic Policy Studies, American Enterprise InstituteBryan Greene, Vice President, Policy Advocacy, National Association of RealtorsDaniel Huff, former General Deputy Assistant Secretary, United States Department of Housing and Urban DevelopmentModerator: Hon. Kenneth L. Marcus, Founder an