FedSoc Events

What was the founders' conception of the role of Congress? Was that conception clearly understood? To what degree was that conception followed during our nation's early years and to what degree did early Congresses follow the Constitution? To what degree were members of Congress representing their districts and to what degree were they representing national interests? In what ways did the Senate and the House originally operate differently? Originally, the prevailing view was that “the laws that free men live under are the laws that have been hauled up." In other words, we are ruled by the laws that we and our neighbors made. Was this ever true? -- This panel was presented at the 2015 National Lawyers Convention on Thursday, November 12, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Prof. Akhil R. Amar, Sterling Professor of Law and Political Science, Yale University; Dr. Louis Fisher, Scholar in Residence, the Constitution Project; Prof. Tara J. Helfman, Associate Professor of Law, Syracuse University College of Law; and Dr. Gordon Lloyd, Robert and Katheryn Dockson Professor of Public Policy, Pepperdine University School of Public Policy. Moderator: Hon. James L. Buckley, U.S. Court of Appeals, D.C. Circuit (ret.) and former U.S. Senator.

Senator Mike Lee opened the 2015 National Lawyers Convention on November 12 at the Mayflower Hotel in Washington, DC. Senator Lee discussed the role of Congress.

On September 19, 2015, The Federalist Society hosted the 2015 Texas Chapters Conference at the George W. Bush Presidential Center in Dallas, Texas. In this session, Keith Hennessey, former Assistant to President George W. Bush for Economic Policy and Director of the U.S. National Economic Council, was interviewed about The 2008 Financial Crisis. Interviewer: Marc Kesselman, former General Counsel of the Department of Agriculture and former Deputy General Counsel of Office of Management and Budget. Introduction: William Peterson, Beck Redden LLP and President, Houston Lawyers Chapter.

On September 19, 2015, The Federalist Society hosted the 2015 Texas Chapters Conference at the George W. Bush Presidential Center in Dallas, Texas. President of the George W. Bush Presidential Center and former United States Secretary of Education Margaret Spellings welcomed the attendees at the start of the conference. The following panel featured a retrospective on the War on Terror and the Rule of Law. -- Featuring: Hon. Michael Chertoff, former Secretary, Department of Homeland Security; Hon. William Haynes, II, former General Counsel, Department of Defense; Hon. Michael Mukasey, former Attorney General, Department of Justice; and Hon. Larry D. Thompson, former Deputy Attorney General, Department of Justice. Moderator: Mr. John Rizzo, former Acting General Counsel, Central Intelligence Agency.

October 5th will mark the first day of the 2015 Supreme Court term. Thus far, the Court's docket includes major cases involving the death penalty, affirmative action, unions, civil asset forfeiture, and more. -- Notable cases include Campbell-Ewald Company v. Gomez, which concerns pre-certification mootness; Tyson Foods v. Bouaphakeo, which concerns class certification where statistical methods are used to establish liability and damages; Spokeo v. Robins, which concerns Article III standing and statutory damages; Fisher v. University of Texas at Austin, which concerns affirmative action in admissions; Evenwel v. Abbott, which concerns redistricting law; Friedrichs v. California Teachers Association, which concerns teacher unions; and Kansas v. Gleason, Kansas v. Carr, Montgomery v. Louisiana, Foster v. Humphrey, and Hurst v. Florida, which all concern the death penalty. -- In addition to these cases and others, which may include abortion and contraceptive mandate questions, the panelists will discuss the current composition and the future of the Court. -- Featuring: Prof. Gail Heriot, Professor of Law, University of San Diego School of Law; Mr. John Elwood, Partner at Vinson & Elkins; Mr. Neal K. Katyal, Partner at Hogan Lovells; Prof. John F. Stinneford, Professor of Law and Assistant Director, Criminal Justice Center at Levin College of Law, University of Florida; and Mr. Ed Whelan, President of Ethics & Public Policy Center. Moderator: Mr. Adam Liptak, The New York Times.

With the adoption of the Open Internet Order, the Federal Communications Commission has potentially waded into areas that have historically been within the Federal Trade Commission’s jurisdiction. How are privacy, consumer protection, and technology policy issues currently being handled by the agencies – do their actions complement each other or are they creating regulatory tension and uncertainty? If there is a turf war going on, will Congress step in or will the courts decide? How does it impact competition policies and consumer protection? Join FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen as they engage in a moderated discussion about these and other issues relating to the respective roles of their agencies. -- Featuring: Hon. Maureen K. Ohlhausen, Federal Trade Commission and Hon. Ajit V. Pai, Federal Communications Commission. Moderator: Alexander Okuliar, Partner, Orrick, Herrington & Sutcliffe LLP.

On July 10, 2015, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC. Introduction by Mr. Douglas R. Cox, Gibson Dunn & Crutcher LLP.

After delegating significant power to the administrative state, is Congress properly discharging its oversight role? Are there tools available to Congress that are underutilized? Would a proper annual budget process help? Are Congress’ oversight hearings meaningful, well-run, and properly focused? Should Congress be requesting more information from agencies through other avenues? -- This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference. -- Featuring: Prof. Jonathan H. Adler, Case Western Reserve University School of Law; Mr. Michael D. Bopp, Gibson Dunn and Crutcher; Prof. Sally Katzen, New York University School of Law; and Mr. Adam J. White, Boyden Gray & Associates. Moderator: Hon. Todd F. Gaziano, Pacific Legal Foundation.

In administrative law the focus has primarily been on how to constrain executive discretion. It may, however, be equally important to consider how to constrain the delegations that create that discretion—not just by telling Congress to “do its job,” but by thinking about how to shift the incentives that members have for delegation. This panel will consider what Congress gains by delegating policymaking authority to the executive. The conventional view holds that delegations only expand the power of the executive, ignoring the myriad reasons that Congress chooses to delegate its power. Members of Congress may realize a variety of benefits from delegation, including control over how agencies exercise their discretion. Panelists will discuss the reasons why Congress delegates so broadly and consider what legal and political solutions might curb such delegations.-- This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference. -- Featuring: Prof. Jack M. Beermann, Boston University School of Law; Prof. Gillian E. Metzger, Columbia Law School; and Prof. Neomi J. Rao, George Mason University School of Law. Moderator: Mr. Dean A. Reuter, The Federalist Society.

Does the judiciary owe Congress presumptive deference in reviewing and considering challenges to federal statutes? If so, what standards should courts impose on those making such challenges? -- The historical practice of such presumptive deference, the canon of constitutional avoidance, has been reflected in decades of judicial decisions upholding much Congressional legislation. However, some believe that, in light of courts' observance of the canon of constitutional avoidance, Congress correspondingly enacts legislation without taking care that such legislation is actually constitutional. -- In recent years, Congress is increasingly likely to pass acts that run to hundreds or even thousands of pages. The bills are typically drafted by staffers, sometimes hastily written and amended at the last moment, and often not read by legislators before votes are cast. Some bills are passed at the midnight hour, sometimes with provisions for expedited judicial review of the bill's constitutionality, as if Congress is leaving wholly to the judiciary the assessment of a law's constitutionality. -- Some now assert that, given how Congress enacts legislation, courts should rethink the canon of constitutional avoidance. -- Our panel will consider this question and the proper applicability of the canon of constitutional avoidance. -- This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference. -- Featuring: Hon. David M. McIntosh, Club for Growth; Mr. Clark Neily, Institute for Justice; and Mr. M. Edward Whelan III, Ethics and Public Policy Center. Moderator: Hon. Thomas B. Griffith, United States Court of Appeals for the District of Columbia Circuit.