Teleforum

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.Urias-Orellana v. Bondi (December 1) - Immigration; Issue(s): Whether a federal court of appeals must defer to the Board of Immigration Appeals' judgment that a given set of undisputed facts does not demonstrate mistreatment severe enough to constitute "persecution" under 8 U.S.C. § 1101(a)(42).Cox Communications v. Sony Music Entm't (December 1) - Copyright Infringement; Issue(s): (1) Whether the U.S. Court of Appeals for the 4th Circuit erred in holding that a service provider can be held liable for "materially contributing" to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it; and (2) whether the 4th Circuit erred in holding that mere knowledge of

A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the Count the Crimes to Cut Act and the Mens Rea Reform Act (also known as the default-mens-rea proposal), all have highlighted long-standing discussions on federal overcriminalization. These initiatives were spotlighted during the May 7, 2025 hearing of the House Judiciary Committee. Join us for a panel discussion that will consider whether these reforms can meaningfully address the problem of a sprawling federal criminal code—one that may, in some areas, lack clarity and undermine individual liberty by exposing the public to ill-defined or overly broad criminal liability.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 FoundationShana O’Toole, Founder & President, Due Process InstituteProf. Kenneth W. Simons, Chancellor’s

Anna Lange, an employee with the Houston County Sheriff’s Office, sought “male-to-female sex change surgery.” The county’s employer-provided health insurance policy covered some treatments for gender dysphoria, but it excluded drugs, services, and supplies for a “sex-change” (among other categories). Lange sued, claiming the policy discriminated based on sex and transgender status in violation of Title VII. The district court, affirmed by an Eleventh Circuit panel, held that the policy facially violated Title VII under Bostock v. Clayton County. On rehearing en banc, the Eleventh Circuit reversed, holding that the county’s policy, which drew a line between which treatments it covers, “is not facial discrimination based on protected status.”Lange v. Houston County, decided on September 9, 2025, is one of the first circuit court decisions to apply the Supreme Court’s June 2025 decision in United States v. Skrmetti, which held that Tennessee’s law

In Born Equal: Remaking America’s Constitution, 1840–1920, Prof. Akhil Reed Amar traces the arc of American constitutional debate from the post-Founding era to the Progressive Era, focusing especially on America’s fundamental question raised originally by our Declaration of Independence: what does it mean to say that all men and women are “created equal”? To explore this question and the broader themes of his book, he will be interviewed by AEI senior fellow Adam White. Featuring: Prof. Akhil Reed Amar, Sterling Professor of Law and Political Science, Yale Law School (Moderator) Adam White, Senior Fellow, American Enterprise Institute; Director, Scalia Law’s C. Boyden Gray Center for the Study of the Administrative State

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.Rico v. U.S. (November 3) - Fugitive-Tolling; Issue(s): Whether the fugitive-tolling doctrine applies in the context of supervised release.Hencely v. Fluor Corporation (November 4) - Federal Tort Claims Act;Issue(s): Whether Boyle v. United Technologies Corp. should be extended to allow federal interests emanating from the Federal Tort Claims Act’s combatant-activities exception to preempt state tort claims against a government contractor for conduct that breached its contract and violated military orders.The Hain Celestial Group v. Palmquist (November 4) - Civil Procedure; Issue(s): Whether a district court's final judgment as to completely diverse parties must be vacated when an appellate court later determines that it erred by dismissing a non-diverse party at the time of removal.Coney Island Auto Parts Unlimited v. Burton (November

The Patent Trial and Appeal Board (PTAB), created under the America Invents Act (AIA) of 2011, has long been a source of debate. The Supreme Court has reviewed several of its procedures, and Congress has introduced PTAB reform bills in every session since 2017.A core PTAB function is deciding Inter Partes Review (IPR) petitions that challenge patent validity. Under new PTO leadership, IPR institution rates have sharply declined, prompting complaints from companies like SAP America and Motorola, which claim they were unfairly harmed by the shift and that the PTO has not provided adequate legal justification. PTO Director John Squires has defended the new direction, announcing he will personally decide all preliminary IPR institutions—a task previously handled by three-judge panels. The PTO has also proposed rules requiring petitioners to waive future prior art challenges to qualify for IPR institution.This webinar will examine the SAP and Motorola petitions, Director Squires’s policy memo, and thei

While President Trump’s Executive Orders directed at individual law firms drew immediate attention, the administration’s broader enforcement of nondiscrimination employment law in the legal industry has gone comparatively unanalyzed. In March, Acting EEOC Chairman Andrea Lucas wrote letters to 20 large law firms requesting information on their employment practices (at least four of those firms subsequently settled with the Commission). In May, Americans for Equal Opportunity filed an EEOC charge challenging the legality of allegedly discriminatory programs administered by Sponsors for Educational Opportunity and its 44 law-firm partners. These processes are necessarily opaque, leaving the status of EEOC investigations (other than those publicly settled) unclear. As the EEOC appears to continue investigating these varying sets of programs and allegations, we pause to consider the merits of these matters.Featuring:Jonathan A. Segal, Partner, Duane Morris LLP; Managing Principal, Duane Morris Institu

States have become more and more active in using their consumer protection statutes to initiate investigations and lawsuits against Chinese companies. These investigations and efforts have centered on concerns about so-called white labeling of consumer products to hide the country of origin and concerns about data privacy and security. This webinar will feature the Attorneys General of Nebraska and Alaska—two AGs who have taken a leading interest in this emerging area. They will discuss the growing role of state consumer protection laws in addressing foreign-backed corporate misconduct and what the future may hold for this important area of enforcement. Featuring: Hon. Mike Hilgers, Attorney General, Nebraska Hon. Stephen Cox, Attorney General, Alaska (Moderator) O.H. Skinner, III, Executive Director, Alliance For Consumers

In 2018, Tesla’s board of directors proposed, and its stockholders approved by a wide margin, a significant executive compensation plan for CEO Elon Musk. Under the plan, Musk stood to earn tens of billions of dollars if he achieved a series of highly ambitious performance milestones that would increase Tesla’s market value by hundreds of billions. Over time, Tesla’s value rose dramatically—by more than 1,000%—with shareholders retaining the vast majority of the created value and Musk receiving substantial compensation.A Tesla stockholder subsequently filed suit, alleging that the compensation plan was unfair to the company and that the board’s approval process was compromised by a lack of independence. The Delaware Court of Chancery agreed, finding that the board was not sufficiently independent of Musk, that the stockholder approval was ineffective, and that the plan was substantively unfair to Tesla. The court rescinded the plan and later awarded the plaintiff’s at

Climate change has been described as a “super wicked” policy problem. Policymakers face profound difficulties in assessing the magnitude of the risks, the costs of potential solutions, and the challenges of collective action. Because climate change is global in scope, the source of emissions is often seen as less important than their overall volume. Yet despite extensive efforts by many countries, including the United States at various times, worldwide carbon emissions continue to rise.Frustration with this state of affairs has led some state and local authorities to pursue climate litigation in addition to legislative or regulatory action. These lawsuits allege that energy producers are responsible for substantial monetary harms; and taken together, they seek many billions or even trillions of dollars in damages. Many recent cases focus on claims that companies misrepresented the effects of fossil fuels on the environment in violation of state consumer protection laws.On October 8, 2025, join us

When Congress amended the Civil Rights Act in 1976, it directed federal courts to use judicial discretion to award “reasonable attorney’s fees” to a prevailing party. Yet when state actors are found in violation of the nation’s civil rights laws, what is “reasonable” often means that civil rights attorneys take a reduced fee award. Because of this, states are emboldened to enact and enforce more unconstitutional laws and the pattern repeats.Mere days following the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, the New York Assembly enacted new legislation allowing secular businesses to permit customers to carry concealed weapons on their property, but refusing to afford sensitive locations, like churches, the same choice. His Tabernacle Church in Elmira, New York filed suit under the Civil Rights Act claiming the new law violated its First and Second Amendment rights. It prevailed both in district court and at the U.S. Court o

In recent months, Texas Governor Greg Abbott announced a ban on “Sharia law and Sharia compounds” in the state, citing longstanding principles that U.S. and Texas law take precedence over conflicting foreign law. This position is reflected in the 2017 American Laws for American Courts statute and in an Attorney General opinion affirming that contracts violating Texas public policy cannot be enforced.These commitments were tested in a North Texas family law case, where an Islamic prenuptial agreement called for disputes to be resolved under religious law. The Texas Supreme Court ultimately stayed the arbitration order and ordered review of the original arbitration agreement for "validity and enforceability."Other recent developments - including video accounts of a Houston imam calling for boycotts of certain businesses and reports of a proposed Muslim-exclusive residential community (“EPIC”) - have prompted legislative responses such as HB 4211, which requires property transfer disclos

Valerie Kloosterman, a devout Christian and third-generation healthcare professional, served her community as a Physician Assistant for 17 years. In 2021, University of Michigan Health introduced mandatory diversity, equity, and inclusion training that required participants to affirm statements Kloosterman believed conflicted with her religious convictions and medical judgment. After she requested a religious accommodation, hospital officials denied her request, criticized her beliefs, and ultimately terminated her employment.Kloosterman filed suit in federal court, asserting Title VII and constitutional claims. While the court allowed her core claims to move forward, it later granted the hospital’s motion to compel arbitration. Kloosterman appealed, and in August 2025, the Sixth Circuit sided with her, ruling that the hospital had defaulted on its arbitration rights after litigating for over a year. The court rejected what it called a “heads I win, tails you lose” strategy of reserving arbi

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. Villarreal v. Texas (October 6) - Sixth Amendment; Issue(s): Whether a trial court abridges a defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant's testimony during an overnight recess. Berk v. Choy (October 6) - Civil Procedure; Issue(s): Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court. Barrett v. U.S. (October 7) - Fifth Amendment; Issue(s): Whether the double jeopardy clause of the Fifth Amendment permits two sentences for an act that violates 18 U.S.C. § 924(c) and (j). Chiles v. Salazar (October 7) - First Amendment; Issue(s): Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduc

Professor Ron Rotunda wrote seminal law books that are still used in law schools across the country and was the author of over 500 law review articles and other legal publications. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, by the U.S. Supreme Court, and by foreign courts in Europe, Africa, Asia, and South America. He was also a member of the Federalist Society’s Professional Responsibility & Legal Education Practice Group. Each year, the Practice Group holds an annual FedSoc Forum in his honor to discuss pressing issues and trends in legal culture.Join us for the 2025 installment in that series, where the Honorable G. Barry Anderson will, in a discussion moderated by Professor Michael McGinniss, offer his insights about judicial independence and the rule of law, and the role of lawyers in supporting the rule of law. He will discuss how such support can be well demonstrated to clients when litigation does not turn out as

The European Union’s Digital Services Act applies to digital platforms and service providers offering services to users in the EU, regardless of where the company is based—including U.S. companies.EU officials contend the Digital Services Act is needed to protect democracy from misinformation, disinformation, and hate speech online. Regulators in Brussels promise it will create a safer digital space by holding platforms such as Google, Amazon, Meta, and X accountable for policing these categories. Service providers that fail to comply risk fines of up to 6% of global annual revenue, restricted access to the EU market, or suspension of operations.House Judiciary Republicans recently issued a report warning that European regulators could use the Digital Services Act to chill speech, suppress political dissent, and establish a global censorship regime. By contrast, House Judiciary Democrats argue the Digital Services Act includes procedural safeguards, judicial oversight of content moderation, and de

Gabriel Olivier is an evangelical Christian who often shares his faith in public. In May 2021, when sharing his faith near an amphitheater in a public park in Brandon, Mississippi, the city’s chief of police confronted Olivier with a recently amended city ordinance requiring “protests” to occur in a designated area. Olivier repositioned himself but soon returned when the designated area proved remote and isolating. The city charged Olivier for violating the ordinance, and he pled nolo contendere and agreed to pay a fine. Olivier then challenged the ordinance under the First and Fourteenth Amendments, seeking an injunction prohibiting future enforcement of the law against his expressive activity. The district court barred Olivier’s request for injunctive relief, applying the preclusion doctrine from Heck v. Humphrey, 512 U.S. 477 (1994). As a result, Olivier cannot challenge the ordinance, even though he alleges that it continues to restrict his speech and risks future penalties. On app

In Dinner Table Action v. Schneider, pending in the First Circuit, Maine is appealing a permanent injunction barring the enforcement of a ballot initiative passed in 2024 that would have capped contributions for independent expenditures at $5,000. The initiative, formulated and supported by the anti-super PAC group, Equal Citizens, was designed to challenge the case that “created” super PACs, SpeechNow.org v. FEC, a unanimous en banc D.C. Circuit decision, which held that no limits can be placed on contributions for independent expenditures, and has since been reaffirmed by several federal circuit courts. If the First Circuit were to remove the injunction, it would create a circuit split, and open up the possibility of revisiting SpeechNow.org v. FEC.The Dinner Table Action District Court also ruled that mandatory disclosure of donors starting at $0 unconstitutionally burdens Free Speech by not affording any possibility for anonymous speech. As such, this case sits at an interesting intersection b

All fifty states mandate certain vaccinations for schoolchildren. Forty-six of them allow religious exemptions. New York once did as well, maintaining such exemptions for more than half a century before eliminating them in 2019. Medical exemptions remain.Members of the Amish community now challenge New York’s policy, claiming that opposition to vaccines is integral to their “traditional way of life,” as recognized in Wisconsin v. Yoder (1972). The Petitioners include three Amish parents, one representing all Amish and Mennonites in New York, as well as three Amish schools—funded by and serving Amish communities on Amish land. In 2022, the state charged these schools with violating its vaccination law and levied $118,000 in penalties.The Petitioners defended themselves by filing a Section 1983 action in federal court, raising an as-applied challenge under the First and Fourteenth Amendments. The district court dismissed the case, and the Second Circuit affirmed under Employment Division

Many areas of the country are beset by serious housing shortages. State-level regulatory policies such as exclusionary zoning and other restrictions on construction are, according to some analysts, major causes of the crisis. A variety of possible reforms have been enacted or proposed in various studies, including “YIMBY” (“Yes In My Backyard”) zoning deregulation, inclusionary zoning, rent control, and state constitutional litigation and amendment. Join us for this discussion on the merits or pitfalls of the range of possible state-level remedies for the housing crisis.Featuring:James Burling, Vice President of Legal Affairs, Pacific Legal FoundationChristopher Elmendorf, Martin Luther King Jr. Professor of Law, UC Davis School of LawDavid Schleicher, Walter E. Meyer Professor of Property and Urban Law, Yale Law School(Moderator) Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University