The Supreme Court continues to accept for review cases that challenge agency authority on separation of powers grounds, and its decisions may fundamentally reshape the modern administrative state. This term, it heard challenges to the jurisdiction of federal courts to hear challenges to agency proceedings (Axon v. FTC; SEC v. Cochran), and to the Biden administration’s authority to forgive student loan debt (U.S. Department of Education v. Brown; Biden v. Nebraska). Next term, it will hear a constitutional challenge to the funding structure of an independent regulatory agency (CFPB et. al. v. Com. Fin. Services Assn.). And pending in the certiorari queue is a case that raises a triumvirate of issues about the SEC’s administrative proceedings: whether they violate the Seventh Amendment, the non-delegation doctrine, and/or the President’s removal power (SEC v. Jarkesy).
This panel will discuss the constitutional questions raised by these cases, the potential effect of the Court’s decisions on agency structure and practices, the rebalancing of power between the three branches, and the future of the administrative state.

Antitrust law has made recent headlines for a host of reasons, ranging from Chairwoman Lina Kahn’s approach to running the Federal Trade Commission to the Department of Justice’s Antitrust Division’s high-profile cases against tech giants such as Google. In this lunch session, former FTC Chairman Jon Leibowitz, a Democrat, will join former FTC Commissioner Noah Joshua Phillips, a Republican, and moderator Judge Neomi Rao to discuss recent developments in the antitrust world and debate what might come next, including for the future of independent executive branch agencies in general.

At the end of an administration, the President and Vice President are required to relinquish control over certain documents, pursuant to the Presidential Records Act. Recently, it has come to light that former officials of both parties have brought certain classified documents to their private residences and other non-governmental property.
This panel will explore the legal, ethical, national security, and policy issues that confront executive-branch lawyers as they assist Presidents and Vice Presidents to comply with the law.

This panel will evaluate efforts in the Biden administration, building upon executive actions dating back to the Clinton administration, to refocus federal agencies in a “whole of government” manner on “environmental justice” (EJ). The Civil Rights Act and various executive orders are cited as the primary legal support for these initiatives. On this basis, enforcement priorities are being adjusted across all federal agencies. Agency budgets for EJ programs are being increased and new EJ offices opened.
The panel will explore the myriad legal, regulatory, and policy issues that arise in this context. It will offer a primer on administration EJ actions, and evaluate the use of disparate impacts under current law as well as related issues.

Earlier this month, the White House released much-anticipated changes to federal regulatory practices, including a new Executive Order 14094 on “Modernize Regulatory Review,” draft revisions to Circular A-4 governing regulatory impact analysis, and draft guidance on meetings with entities outside of the executive branch. The Office of Information and Regulatory Affairs (OIRA) has the lead for implementing these changes, which comprise the most significant regulatory policy initiatives of the Biden administration. In this opening session, OIRA experts, including several former OIRA administrators will review these developments.

Policymaker interest in alternatives to traditional public schools has sharply increased post-pandemic, with some states considering and adopting proposals to provide educator regulatory relief; increase access to charter schools; offer additional vouchers and tax credit programs; and create education savings account options to increase choice in education. Optics on professions in education have been challenging. Many of these proposals address the number of religious schools in school choice programs, which has led to both new legislation and litigation. Panelists will survey relevant proposals and developments in the midwest while considering the perspective of stakeholders in the field.
Featuring:

Séamus Boyce, Partner, Kroger, Gardis & Regas, LLP
Leslie Davis Hiner, Vice President of Legal Affairs & Director of Legal Defense & Education Center, EdChoice
Daniel Suhr, Senior Fellow, National Opportunity Project
Moderator: Hon. Sarah Pitlyk, Judge, United States District Court, Eastern District of Missouri

Anxiety regarding parental rights in American healthcare and education is at an all time high. Our panel will discuss questions such as, “Are parental rights being circumvented at the schoolhouse and medical office doors?”; “Who decides the best interest of the child?”; “When should the state’s judgment supersede parents’ judgment?”; and “Who determines the parental right to know?”
Featuring:

Luke Berg, Deputy Counsel, Wisconsin Institute for Law & Liberty
Thomas M. Fisher, Solicitor General, Indiana Office of the Attorney General
Emilie Kao, Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Moderator: Hon. Matthew W. McFarland, United States District Judge, Southern District of Ohio

Featuring:

The Honorable Todd Rokita, Attorney General, State of Indiana

Panelists will offer their diverse perspectives on the current state of the Wisconsin Supreme Court and the issues it is facing, its potential docket, and emerging legal controversies that may affect the court's future work. They will explore issues such as the role of the court in shaping public policy, the importance of judicial independence, and challenges that the court will face as it adapts to a rapidly changing legal landscape.
Featuring:

Jeffrey A. Mandell, Partner, Stafford Rosenbaum LLP
Ryan J. Walsh, Partner, Eimer Stahl LLP
Prof. Robert Yablon, Associate Professor of Law, University of Wisconsin-Madison
Moderator: Hon. Shelley A. Grogan, Judge, District II, Wisconsin Court of Appeals

Although many lawyers spend their careers in front of judges, the process by which a judge is elected or appointed can sometimes seem shrouded in mystery. What makes for a good judge? How are they chosen? Are there opportunities Wisconsin lawyers aspiring to the state or federal bench should pursue, or pitfalls they should avoid? A panel of Wisconsin-based judges from a variety of courts joins us to discuss the path to the judiciary in Wisconsin, moderated by Milwaukee Chapter President Matthew Fernholz.
Featuring:

Hon. Michael J. Aprahamian, Judge, Waukesha County Circuit Court
Hon. Rebecca Grassl Bradley, Justice, Wisconsin Supreme Court
Hon. William C. Griesbach, Senior District Judge, United States District Court, Eastern District of Wisconsin
Moderator: Matthew M. Fernholz, Partner, Cramer, Multhauf & Hammes, LLP & President, Milwaukee Lawyers Chapter