Teleforum

While China is the paramount strategic priority for the United States, the Middle East remains a region of significance for U.S. national security interests. The Trump administration prioritized pressure on Iran, efforts to reduce the number of U.S. military personnel in Iraq and Syria, and good relations with Israel and Saudi Arabia. The incoming Biden administration is expected to continue some aspects of the Trump approach while changing course in others. Our two experts will assess the Trump record in the region and what they expect from the Biden administration. Please join us for this timely discussion.Featuring:-- Matthew R. A. Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute-- Prof. Jamil N. Jaffer, Adjunct Professor, NSI Founder, and Director, National Security Law & Policy Program, Antonin Scalia Law School, George Mason University

Following a year of disruptions not seen in generations: a global pandemic, economic crisis, social unrest, and a divisive political season, Americans are looking for a better way. In his new book, Believe in People: Bottom-Up Solutions for a Top-Down World, co-authored with Charles Koch, Stand Together Chairman & CEO Brian Hooks makes the case that this starts in the places and with people you may least expect. Today’s challenges call for nothing short of a paradigm shift – away from a top-down approach that sees people as problems to be managed, toward bottom-up solutions that empower everyone to realize their potential and foster a more inclusive society. Drawing on the experience of thousands of social entrepreneurs in education, business, communities, and public policy, the book shares lessons for those looking to make a greater difference and put our country on a better track.Featuring:-- Brian Hooks, Chairman and CEO, Stand Together-- Greg Lukianoff, President and CEO, Foundation for Individual Ri

Nearly two dozen lawsuits against energy manufacturers seeking state tort damages over climate change have been filed in state courts. The defendants removed the cases to federal courts because the subject matter of the litigation involves exclusively federal issues, namely national energy policy over the worldwide uses of fossil fuels. The Supreme Court is considering the scope of appellate review of the remand order in one of the cases, BP P.L.C. v. Mayor and City Council of Baltimore. The implications of this ruling will likely extend to the larger climate litigation campaign. The oral argument is scheduled for January 19, 2021. Phil Goldberg, who authored an amicus brief filed by several trade groups including the National Association of Manufacturers, will provide his thoughts on the hearing and the broader implications for climate litigation. Featuring:-- Phil Goldberg, Special Counsel for the Manufacturers’ Accountability Project (MAP), a project of The National Association of Manufacturers (NAM), and

The Federal Vacancies Reform Act (FVRA) is a federal statute permitting the President to appoint acting officials to fill vacancies that arise within federal departments and agencies when certain conditions are met. Last amended in 1998, the law represents a compromise of sorts between the Legislative and Executive branches, which share power regarding the appointment and confirmation of many federal officers. The FVRA’s use in recent years to fill vacancies within the Departments of Justice and Veterans Affairs and agencies such as the Consumer Financial Protection Bureau, among others, has been controversial. What are the limits of the FVRA? Is the FVRA constitutional as applied to the appointment of acting principal officers? Does it apply when an organic agency statute also provides for a more specific succession plan? Does it apply to vacancies created by firing rather than temporary absence, death or resignation? Who has standing to challenge an FVRA appointment or the actions of an FVRA appointee

Over the past month, the Environmental Protection Agency has finalized two new transparency-related rules. The stated purpose of the rule “Increasing Consistency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process” is “to codify procedural best practices for the preparation, development, presentation, and consideration of BCA in regulatory decision-making under the CAA.” The rule “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information” is intended to help shed light on the science used and disseminated by the agency. Both of these rules have garnered both praise and criticism. There is also a significant amount of confusion over what these rules would actually do. Join us as we discuss these new rules. Featuring: -- Rachel Jones, Vice President, Energy and Resources Policy, National Association of Manufacturers (NAM)-- Clint Woods, Policy Fellow for Regulations, Americans for Prosperity-- Moderator: Daren Bakst

In May 2019, Secretary of State Mike Pompeo announced formation of the Commission on Unalienable Rights, tasked with reexamining human rights in U.S. foreign policy. The very concept of “unalienable rights” proved immediately controversial with “traditional” human rights organizations, and four of them sued the State Department in federal court, claiming the Commission was unbalanced in its view on human rights. The Commission completed its work in August with a report outlining how “unalienable rights” – the rights inherent in all persons – inform the Declaration, and the U.N. Declaration of Human Rights, and how unalienable rights should inform U.S. foreign policy.Human Rights organizations continue to write that they are alarmed by the Commission, arguing that it is the basis of a “pick-and-choose” version of human rights. Mary Ann Glendon, the Commission’s chair, recently stated, in a curated discussion with Secretary Pompeo, that human rights should be independent of sovereign decision making: “[I]f t

In 2018, the City of Baltimore filed climate change litigation in state court against multiple energy companies seeking damages from the impact of climate change. The energy companies moved the lawsuit to federal court, arguing it was the proper venue; however, the U.S. District Court for the District of Maryland disagreed and ruled the case belonged in state court. The Fourth Circuit Court of Appeals in Richmond, Virginia affirmed the lower court’s decision and the energy companies appealed to the United States Supreme Court. Last October, the justices granted their petition for writ of certiori requesting review of the Fourth Circuit’s ruling remanding the case to state court. Oral arguments are set for Tuesday, January 19th.Indiana Solicitor General Tom Fisher joins us to preview this pivotal hearing, the implications for similar litigation around the country and his role in leading a 15-state coalition that is taking a stand against climate change litigation.Featuring:Thomas M. Fisher, Indiana

On January 13, 2021, the Supreme Court will hear oral argument in AMG Capital Management v. FTC, a case that could define the scope of the FTC's remedial authority and explore the limits of textualism. The FTC Act authorizes the Commission to seek a "permanent injunction" in federal court to stop “unfair methods of competition” and “unfair or deceptive acts or practices.” For many years, the FTC and most courts have interpreted "permanent injunction" to give the FTC the power to require defendants to return money to victims. The Seventh Circuit recently disagreed and held that the term "permanent injunction" does not encompass equitable monetary relief for past misconduct. To cover the oral arguments, Asheesh Agarwal, Deputy General Counsel at TechFreedom and an alumnus of the FTC, will moderate a distinguished panel featuring Alden Abbott, the FTC's General Counsel, and Corbin Barthold, TechFreedom's Director of Appellate Litigation. Featuring: -- Hon. Alden Abbott, General Counsel, Federal Trade Commissio

On Tuesday, January 12, 2021, the Supreme Court hears oral argument in Uzuegbunam v. Preczewski. The issue the Court will be deciding is whether the government’s post-filing change of an unconstitutional policy moots nominal-damages claims. The case has important implications for litigation involving myriad constitutional rights, and has garnered national attention. Our panel of experts joins us to discuss oral argument and possible outcomes. Featuring: Sarah M. Harris, Partner, Williams & ConnollyJustin Sadowsky, Trial Attorney, Council on American-Islamic RelationsModerator: Casey Mattox, Senior Fellow, Free Speech and Toleration, Charles Koch Institute Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. 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.

Join us as Director Craig Leen gives an overview of enforcement of civil rights and Equal Employment Opportunity laws at the Office of Federal Contract Compliance Programs (OFCCP) during the Trump Administration.Featuring: -- Craig Leen, Director of Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor

Under the current administration, the U.S. Environmental Protection Agency (EPA) has adopted a variety of regulations and policies aimed at reforming the nation’s water quality programs, with a focus on cooperative federalism and rule of law principles. Reflecting on EPA’s accomplishments and remaining agenda items, Assistant Administrator Ross will share his perspective on a range of topics, such as: A new definition of the “Waters of the United States”; Groundwater pollution; Enforcement of federal clean water laws; Reforms to state water quality certification procedures; Improvements to drinking water and wastewater infrastructure; Ocean pollution; and the newly established “Water Subcabinet.” Featuring: -- David P. Ross, Assistant Administrator for the Office of Water, U.S. Environmental Protection Agency-- Moderator: Jeffrey H. Wood, Partner, Baker Botts L.L.P.

Drug prices are a pressing policy issue. On November 20, 2020, President Donald Trump announced two new rules aimed at reducing drug prices for Medicare beneficiaries. These rules use a system known as reference pricing, which ties the price the federal government pays for patented drugs and treatments to the prices other countries pay. These rules are set to take effect in January 2021. Meanwhile, legislation pending in the U.S. House of Representatives and supported by Speaker Nancy Pelosi would create an International Pricing Index. These policies enjoy bipartisan support, but they also face bipartisan opposition. Some think the Trump rules do not go far enough and others argue that reference pricing is bad policy regardless. Two distinguished experts who have worked and written extensively on this issue, Prof. Adam Mossoff and Dr. Wendell Primus, join us for a moderated discussion of reference pricing, current policy proposals, and future challenges.Featuring:-- Prof. Adam Mossoff, Professor of Law, Ant

A new petition for certiorari at the U.S. Supreme Court presents an invaluable opportunity for the Court to revisit the Privileges or Immunities Clause. And it is unlike any opportunity in recent memory. First, it presents a question upon which every theory of the Fourteenth Amendment agrees: Does the Amendment protect a citizen against rights violations perpetrated by that citizen’s own state? The text and history of the provision, as well as Supreme Court precedent, unequivocally say “Yes,” but the lower courts have fundamentally misunderstood the Clause and rendered it impotent against one’s own state. Second, unlike most Privileges or Immunities cases, this case does not ask the Court to overrule the Slaughter-House Cases. Instead it asks for judicial protection of a right expressly recognized in Slaughter-House: the right to use the navigable waters of the United States, a right that was critically important to the freedmen at the time of the Fourteenth Amendment’s ratificat

In April, 2020, the United States Supreme Court held that, in certain situations, the Clean Water Act requires Section 402 permits for point source discharges that travel through groundwater to reach navigable waters. According to the Court, a permit is required if the discharge is the "functional equivalent of a direct discharge from the point source into navigable waters." This month, the EPA issued a draft memorandum to help apply the Maui decision and clarify what is required for a "functional equivalent" analysis. What does this draft guidance cover and is it consistent with the Maui decision? Is the guidance helpful to regulated entities and what changes should be considered? Join us as we discuss this critical new guidance that seeks to help to make sense of the Maui decision.Featuring:-- Damien Schiff, Senior Attorney, Pacific Legal Foundation

On December 14, 2020, the Supreme Court released its decision in Texas v. New Mexico. By a vote of 7-1, Texas’ motion to review the Pecos River Master’s determination – that New Mexico was entitled to a delivery credit for evaporated water stored at Texas’ request under the Pecos River Compact – is denied. Justice Kavanaugh's majority opinion was joined by the Chief Justice and Justices Thomas, Breyer, Sotomayor, Kagan, and Gorsuch. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part. Justice Barrett took no part in the consideration or decision of the case.Featuring:Anthony L. Francois, Senior Attorney, Pacific Legal Foundation Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. 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 contac

As 2020 draws to a close, Federal Communications Commission Chairman Ajit Pai joins Bryan Tramont, head of the Federalist Society's Telecommunications & Electronic Media Practice Group and Managing Partner at Wilkinson Barker Knauer, in a fireside chat to review Pai's term as Chairman of the FCC, the FCC's significant accomplishments during his tenure, and the most pressing matters facing the Commission ahead. A panel discussion will follow the fireside chat, featuring Randolph May, Shane Tews, and Patricia Paoletta. Featuring: -- Hon. Ajit Pai, Chairman, Federal Communications Commission-- Randolph May, President, Free State Foundation-- Patricia Paoletta, Partner, Harris, Wiltshire & Grannis LLP-- Shane Tews, Visiting Fellow, American Enterprise Institute-- Moderator: Bryan Tramont, Managing Partner, Wilkinson Barker Knauer

On December 14, 2020, the Federalist Society hosted an online teleforum with Ambassador Robert Lighthizer, United States Trade Representative. Ambassador Lighthizer discussed judicial activism at the Appellate Body of the World Trade Organization.Featuring: -- Hon. Robert Lighthizer, 18th United States Trade Representative-- Moderator: Hon. Dean Reuter, Vice President, General Counsel and Director of Practice Groups, The Federalist Society--- As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

On December 16, 2020, The Federalist Society's Federalism and Separation of Powers Practice Group hosted a debate on "Court-Packing, Term Limits, and the Debate Over Reforming the Judiciary."The battles over the nominations of Merrick Garland, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett suggest that the Supreme Court is now part of the same politicized cloud that envelops all of the nation's public discourse. Politics have always played a role in judicial confirmations, but it's a modern phenomenon for divergent legal theories to map onto partisan preferences at a time when the parties are ideologically sorted and polarized. Has the culmination of these trends led some people to think of judges and justices in partisan terms, and to question the legitimacy of our judiciary altogether -- or at least its mode of selection and appointment? The threat of "court-packing" was a live issue in the 2020 campaign, as a potential Democratic response to alleged Republican violations of the norms surrounding judi

The United States Mexico Canada Agreement (USMCA) free trade agreement went into force in July of 2020. Under that agreement, Mexico committed to a comprehensive reform of its laws governing labor unions and collective bargaining. Mexico's labor laws as they relate to unions have historically been criticized as encouraging employers and established labor unions to enter into agreements to serve as a protection against independent labor unions. Often the workers who are represented know nothing of the unions or the agreements. Some believe this system has led to suppression of wages in Mexico and that, in turn, has created an unfair competitive advantage against U.S. business. As part of an effort to ensure labor law reform, the USMCA created a mechanism that allows enforcement against individual facilities for failure to comply with the reformed laws, called a Rapid Response dispute resolution process. Under that process, claims for failure to comply can be brought directly against facilities in Mexico. Follo

On December 10, 2020, the Supreme Court released its decision in United States v. Briggs. Consolidated with United States v. Collins, United States v. Briggs challenged the idea that a rape charge may only be prosecuted if it is discovered within five years of the crime. By a vote of 8-0, the judgments of the U.S. Court of Appeals for the Armed Forces were reversed and the cases remanded. Justice Alito's opinion was joined by all other members of the Court except Justice Barrett, who took no part in the consideration or decision of the case. Justice Gorsuch filed a concurring opinion.Featuring: Arthur Rizer, Director, Criminal Justice & Civil Liberties; Resident Senior Fellow, R Street InstituteProf. Richard Sala, Assistant Professor of Law, Vermont Law School Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone numb