Teleforum

John Malcolm and John Yoo continue their Teleforum series, joining us to discuss recent events including updates on the Michael Flynn case, the Supreme Court decision on DACA, recent unrest and free speech issues, and more. Featuring: -- John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation-- Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley School of Law

On Monday, the Supreme Court released its decision in Liu v. SEC. By a vote of 8-1, the judgment of the U.S. Court of Appeals for the Ninth Circuit was vacated and the case remanded. Justice Sotomayor's majority opinion was joined by all other members of the Court except Justice Thomas, who dissented. Todd Braunstein will discuss the decision and offer commentary.Featuring: Todd F. Braunstein, General Counsel - International, Willis Towers Watson 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.

On June 15, 2020, the Supreme Court released its decision in the case of United States Forest Service v. Cowpasture River Preservation Association. By a vote of 7-2, the judgment of the U.S. Court of Appeals for the Fourth Circuit was reversed, and the case remanded. Per Justice Thomas's opinion for the Court: "We granted certiorari in these consolidated cases to decide whether the United States Forest Service has authority under the Mineral Leasing Act, 30 U. S. C. §181 et seq., to grant rights-of-way through lands within national forests traversed by the Appalachian Trail. 588 U. S. ___ (2019). We hold that the Mineral Leasing Act does grant the Forest Service that authority and therefore reverse the judgment of the Court of Appeals for the Fourth Circuit." Justice Thomas's majority opinion was joined by the Chief Justice and Justices Breyer, Alito, Gorsuch, and Kavanaugh in full, and by Justice Ginsburg as to all but Part III-B-2. Justice Sotomayor dissented, joined by Justice Kagan.Featuring: -- Hon. P

The outbreak of COVID-19 led to the closing of thousands of businesses across the country. Some businesses that were closed by state and local governments are now seeking business interruption coverage as a result. There currently are two common business interruption policy forms: gross earnings and business income. Most insurers are stating that there are policy exemptions for viruses and pandemics that prevent insured businesses from receiving business interruption coverage due to COVID-19. In response, there is legislation being crafted in several states that purports to override these policy exemptions for viruses. Is this type of legislation constitutional under Article I, Section 10, Clause of the United States’ Constitution? Professor Richard Epstein, Professor of Law at New York University, discusses these issues with us in this Federalist Society teleforum. Featuring: -- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School

On June 18, 2020, the Supreme Court released its decision in the case of Department of Homeland Security v. Regents of the University of California. By a vote of 5-4, the judgment of the U.S. Court of Appeals for the Ninth Circuit (DHS v. Regents) was vacated in part and reversed in part, the judgment of the D.C. Circuit (Trump v. NAACP) was affirmed, and various orders of the Second Circuit (Wolf v. Vidal) were vacated, affirmed in part, or reversed in part. All the cases are remanded. The Chief Justice's opinion for the Court was joined by Justices Ginsburg, Breyer, and Kagan in full, and by Justice Sotomayor as to all but Part IV. Justice Sotomayor concurred in part, concurred in the judgment in part, and dissented in part. Justice Thomas concurred in the judgment in part and dissented in part, joined by Justices Alito and Gorsuch. Justices Alito and Kavanaugh also filed opinions concurring on the judgment in part and dissenting in part. Our expert selection of speakers will discuss the decision and im

By a vote of 6-3 in yesterday's decision in Bostock v. Clayton County (combined with Altitude Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc.), the Supreme Court affirmed that the judgment of the U.S. Court of Appeals for the Eleventh Circuit was reversed, and the case remanded (and the judgments of the Second Circuit in Altitude Express and the Sixth Circuit in R.G. & G.R. Harris Funeral Homes are affirmed). Justice Gorsuch's majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justice Alito dissented, joined by Justices Thomas and Kavanaugh. Curt Levey joins us to discuss the decision and future implications.Featuring: Curt Levey, President, Committee for Justice This call is open to the public - please dial 888-752-3232 to access the call.

Ballot box voting is often considered the essence of political freedom. But it has two major shortcomings: individual voters have little chance of making a difference, and they also face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both of these pitfalls and offers a wider range of choices. In his new book Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press), Ilya Somin argues that broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world.People can vote with their feet through international migration, by choosing where to live within a federal system, and by making decisions in the private sector. These three types of foot voting are rarely considered together, but Somin explains how they have important common virtues and can be mutually reinforcing. He contends that all forms of foot voting should be expanded and shows how both domestic constitutions and i

Nigel Farage has been campaigning for Britain’s withdrawal from the European Union since 1999, when he founded the UK Independence Party, which got more votes in the 2014 European elections than either the Labour or Conservative Parties. Farage then played a leading role as advocate for the “leave” side in the 2016 UK referendum on EU membership. He followed up by organizing a new Brexit Party to keep up pressure for full withdrawal in subsequent UK elections. Farage has been a frequent commentator on FOX NEWS and hosts his own program on British radio station LBC. In this Teleforum, Mr. Farage will address current developments in Britain and the EU but also talk about nationalist and populist trends in the U.S. and other countries. Featuring:-- Nigel Farage, Former Member of the European Parliament, South East England Constituency-- Moderator: Prof. Jeremy A. Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University

The first lawsuit against the Chinese government seeking damages for personal and property injuries was filed in the Southern District of Florida by the Berman Law group. The lawsuit was later amended to add the Chinese Communist Party (CCP) as a defendant. Other lawsuits have followed elsewhere in the country. The panelists will discuss whether the CCP enjoys sovereign immunity and whether the acts and omissions of the Chinese government fall within one or more exceptions to sovereign immunity as provided in the Foreign Sovereign Immunities Act. Featuring: -- Karen Lugo, Founder, Libertas-West Project-- Hon. F. Scott Kieff, Fred C. Stevenson Research Professor, George Washington University Law School-- Matthew T. Moore, Attorney, Berman Law Group-- Tatiana Sainati, Associate, Wiley Rein LLP

Since 1930, the Supreme Court has recognized a failing firm defense to an otherwise unlawful merger under the U.S. antitrust laws. The three-part test to prove a failing firm defense generally is met when the company sought to be acquired is in danger of imminent failure, cannot reorganize successfully in bankruptcy, and has made unsuccessful good faith efforts to find alternative purchasers. In past economic crises, such as the 2008-2009 financial crisis, the U.S. antitrust agencies have not eased merger requirements or the standards governing the failing firm defense. Will this change with the COVID-19 pandemic shuttering countless businesses? Could we see litigated merger challenges brought by the U.S. antitrust agencies that turn on the three-part test to prove a failing firm defense?Featuring:-- Greg Eastman, Ph.D., Vice President, Cornerstone Research-- George L. Paul, Partner, White & Case LLP-- Moderator: Eric Grannon, Partner, White & Case LLP, and former Counsel to the AAG of the DOJ Ant

A majority of states have legalized the sale and possession of marijuana for medicinal purposes. Eleven states and the District of Columbia allow recreational use. Yet marijuana production, sale, and possession remain illegal under federal law. Is this federalism in action? Or a perversion of our federal system? Although the Supreme Court upheld the constitutionality of the federal prohibition on the distribution and possession of marijuana in Gonzales v. Raich, most enforcement of the nation's drug laws occurs at the state and local level. Even without routine enforcement, federal law creates distinct pressures on financial institutions, lawyers, among other constituencies. Should the federal government cede the field, and allow states to set marijuana policy? Or should the federal government seek to end these state-level experiments in marijuana policy reform. Discussing this topic will be Jonathan H. Adler, Johan Verheij Memorial Professor of Law at Case Western Reserve University and editor of the new boo

Earlier this year, the United States Court of Appeals for the Sixth Circuit did something almost unheard of: it took an appeal from an order entered by an MDL judge and reversed it. The order came from the Opioid MDL in the Northern District of Ohio, and the Sixth Circuit’s action raises the question whether appeals like this should be more common in MDL litigation—a question the federal civil rules committee is taking up right now. Please join us for a discussion of the Sixth Circuit’s decision and whether it bolsters or undermines the need for a rulemaking to facilitate appeals in MDL cases.Featuring: -- Robert Keeling, Partner, Sidley Austin LLP-- Tim Pratt, Formerly General Counsel at Boston Scientific

Secretary Perdue will discuss USDA’s response to the coronavirus pandemic including the stability of the food supply chain, President Trump’s invocation of the Defense Production Act regarding meatpacking facilities, and USDA’s deregulatory agenda with regard to biotechnology and beyond.Featuring: -- Hon. George Ervin "Sonny" Perdue III , U.S. Secretary of Agriculture

The Insurrection Act of 1807 empowers the President of the United States to deploy U.S. military and National Guard troops inside the United States in certain circumstances. But what are the limits of this Presidential power; does does the Insurrection Act narrow the powers granted to the President under the Constitution, or is it perfectly compatible with the Constitution? Who decides the precise scope of these powers? Can a governor or state legislature reject the offer for help or assertion of power? Featuring: -- John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation-- Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley School of Law

In the last few years there has been a lot of critical attention directed towards Chevron and Seminole Rock/Kisor deference. In Kisor the Supreme Court narrowed and clarified but ultimately retained the deference given to agency interpretations of their own regulations. But amidst this incremental reform at the federal level, there has been a much more dramatic anti-deference revolution at the state level. In the past twelve years, 10 states have rejected deference either judicially or by statute or constitutional amendment. And several other states seem poised to do the same thing. This teleforum analyzes the anti-deference revolution and whether and where it is likely to continue to spread.Featuring:-- Daniel Ortner, Attorney , Pacific Legal Foundation

Can states unilaterally decide not to pay takings judgments? Some states think so. Louisiana and Florida have laws that say no takings judgment can be paid unless money is specially appropriated to do so—and then they never get around to appropriating the money to pay. These laws are currently being challenged in the Fifth Circuit and the Florida Supreme Court. Please join us for an interesting discussion of this litigation.Featuring: Robert McNamara, Senior Attorney, Institute for JusticeDaniel Woislaw, 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 contact us at 202-822-8138.

On June 4th, 1989, after several weeks of pro-democracy protests, the Chinese Communist Party (CCP) put down the challenge to its power. Now, with Hong Kong, the CCP has set in motion a process for ending pro-democracy protests and challenges to its power. This time, however, the CCP has arranged for China's legislative body to validate it's forthcoming action by passing a "security law."Assistant Secretary of State for Democracy, Human Rights, and Labor, Robert Destro (on leave from the Catholic University Law faculty) will moderate a discussion on human rights and the rule of law in China. He will be joined by Professor Jerome Cohen of New York University Law School and Teng Biao, a former law professor, human rights lawyer, and political prisoner in China.Featuring: -- Dr. Teng Biao, Grove Human Rights Scholar, Hunter College-- Prof. Jerome A. Cohen, Faculty Director Emeritus, New York University School of Law-- Moderator: Robert A. Destro, Assistant Secretary for the Bureau of Democracy, Human Rights, an

In December, 2019, the British people voted to return an historic Tory majority to Parliament with Boris Johnson as Prime Minister, paving the way for the UK to leave the EU on January 31, 2020, an historic rupture known as “Brexit," reminding politicians of all political persuasions that the British people meant what they had said in 2016, when they voted for Brexit by majority in a referendum. Along the way, a rattling of British constitutional norms tested the UK’s unwritten constitution in ways not seen, many argued, since the English Civil War and Glorious Revolution of the 17th century. Amidst all of this, Britain’s shutdown in response to Covid-19 has shortened further her one year post-Brexit track to produce a free trade agreement with the EU and a much coveted one with the U.S., while reshaping government policy in ways that will determine whether Boris Johnson’s Disraelian vision of private-led economic growth, with government to fill remaining social gaps, can survive. And, while the Covid cris

What are the constitutional or other limits on Congressional authority to limit lawsuits that seek to hold businesses liable for COVID-19 exposure or other COVID-19-related claims? What identifiable federal interests are at stake? How do these interests interact with state police powers? These and other questions will be discussed on our Teleforum.Featuring:-- Mr. Michael A. Carvin, Partner, Jones Day

Join us as Brent J. McIntosh, Under Secretary for International Affairs at the U.S. Department of Treasury, discusses the priorities and work of his office before, during and after COVID-19. Featuring: -- Brent J. McIntosh, Under Secretary, International Affairs, U.S. Department of the Treasury