FedSoc Forums

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.

Havana Docks Corporation v. Royal Caribbean Cruises, (February 23) - International Law, LIBERTAD Act; Issue(s): Whether a plaintiff under Title III of the LIBERTAD Act must prove that the defendant trafficked in property confiscated by the Cuban government as to which the plaintiff owns a claim, or instead that the defendant trafficked in property that the plaintiff would have continued to own at the time of trafficking in a counterfactual world "as if there had been no expropriation.
Exxon Mobil Corp. v. Corporación Cimex, S.A. (February 23) - International Law, FISA; Issue(s): Whether the Helms-Burton Act abrogates foreign sovereign immunity in cases against Cuban instrumentalities, or whether parties proceeding under that act must also satisfy an exception under the Foreign Sovereign Immunities Act.
Enbridge Energy, LP v. Nessel (February 24) - Civil Procedure; Issue(s): Whether district courts have the authority to excuse the 30-day procedural time limit for removal in 28 U.S.C. § 1446(b)(1).
Pung v. Isabella County, Michigan (February 25) - Property Rights; Issue(s): (1) Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the takings clause of the Fifth Amendment when the compensation is based on the artificially depressed auction sale price rather than the property’s fair market value; and (2) whether the forfeiture of real property worth far more than needed to satisfy a tax debt but sold for a fraction of its real value constitutes an excessive fine under the Eighth Amendment, particularly when the debt was never actually owed.
United States v. Hemani (March 2) - 2nd Amendment, Criminal Law; Issue(s): Whether 18 U.S.C. § 922(g)(3), the federal statute that prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to respondent.
Hunter v. United States (March 3) - Criminal Law; Issue(s): (1) Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum; and (2) whether an appeal waiver applies when the sentencing judge advises the defendant that he has a right to appeal and the government does not object.
Montgomery v. Caribe Transport II, LLC (March 4) - Labor and Employment Law; Issue(s): Whether a federal statute, 49 U.S.C. § 14501(c), preempts a state common-law claim against a broker for negligently selecting a motor carrier or driver.

Featuring:

Jay R. Carson, Senior Litigator, The Buckeye Institute
Jeffrey S. Hobday, Assistant Attorney General, Opinions Unit, Ohio Attorney General’s Office
Mary E. Miller, Partner, Lehotsky Keller Cohn LLP
Zack Smith, Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Jordan Von Bokern, Senior Counsel, U.S. Chamber Litigation Center
(Moderator) Sam Gedge, Senior Attorney, Institute for Justice

As debates over birthright citizenship intensify in legal and public spheres, this webinar will explore the constitutional, historical, and jurisprudential foundations of the Citizenship Clause of the Fourteenth Amendment.
Drawing on their recent scholarship in the Harvard Journal of Law & Public Policy, our panelists will examine how original meaning, common-law antecedents, and modern legal arguments intersect in today’s birthright citizenship controversy.

Featuring:

Prof. Keith Whittington, David Boies Professor of Law, Yale Law School
Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
(Moderator) Hon. Steven Menashi, Judge, United States Court of Appeals, Second Circuit
(Introducer) Sean-Michael Pigeon, Editor-in-Chief, Harvard Journal of Law & Public Policy

In the first medical malpractice verdict of its kind, a New York jury awarded $2 million to a detransitioner who sued the clinicians responsible for performing a double mastectomy when she was 16 years old. The case marks a historic legal development and signals the emergence of a new frontier in medical malpractice litigation. At its core are difficult and consequential questions about standards of care, informed consent, particularly for minors undergoing irreversible medical interventions, and the extent to which existing malpractice frameworks are equipped to address these medical practices.
This webinar will examine the legal significance of this landmark verdict and situate it within a growing group of detransitioner claims nationwide. Panelists will explore how courts may analyze allegations of inadequate screening, deficient consent processes, and departures from accepted professional standards. The discussion will also consider how these cases may shape future malpractice doctrine and affect risk exposure for physicians and healthcare systems.
Beyond individual liability, the program will address the role of hospitals and medical institutions in establishing and enforcing these controversial treatments. To what extent can healthcare systems be held responsible for systemic failures in oversight, documentation, or patient evaluation?

Featuring:

Erin Hawley, Senior Counsel and Vice President at Alliance Defending Freedom
Mark Trammell, General Counsel, Center for American Liberty
(Moderator) Sarah Perry, Vice President and Legal Fellow, Defending Education
(Special Introduction) Mary Margaret Olohan, Author of DeTrans: True Stories of Escaping The Gender Ideology Cult; White House Correspondent, The Daily Wire

The Council of the ABA's Section of Legal Education and Admissions to the Bar has long been the only federally recognized accreditor for law schools. In that role, it is able to direct what law schools teach and determine what constitutes sufficient coursework for law students. Over the past several years, the ABA has faced several challenges to proposed directives for law schools, including a recent proposal to increase the requirement of clinical hours (which has since been withdrawn) and various policies that have been labeled DEI initiatives. Some have lauded those efforts, while others have expressed concern that they mistake the purpose of law schools. In light of skepticism about the ABA, some state bars, particularly Florida and Texas, have opted to no longer require students to have attended an ABA-accredited law school in order to sit for their bar exams. In light of these and other efforts, voices from across the political spectrum have debated not just the value of the particular ABA policy directives, but the appropriate role of the ABA as an accreditor. Our panel will dive into those arguments around the ABA.

Featuring:

Prof. Derek T. Muller, Professor of Law, Notre Dame Law School
Prof. Daniel B. Rodriguez, Harold Washington Professor of Law, Northwestern University Pritzker School of Law
Daniel R. Thies, Shareholder, Webber & Thies PC
(Moderator) Prof. Michael S. McGinniss, Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law

Last session saw no shortage of proposals in Congress for labor-law reform. In the Senate, lawmakers introduced proposals ranging from mandatory interest arbitration to bans on organizing undocumented workers. In the House, representatives proposed a range of union-democracy reforms, including a requirement for unions to poll their members before endorsing a candidate for president. And in between, scholars and practitioners offered their own ideas, including a proposal to transform the National Labor Relations Board into an article I court.
The ideas are abundant, but are any of them viable? Which ones can thread the needle in Congress? And more importantly, how would they change the way employees, employers, and unions conduct their business? Join us as our expert panel breaks them down.
Featuring:

Thomas Beck, Senior Adviser, Workplace Policy Institute, Littler Mendelson P.C.
G. Roger King, Senior Labor and Employment Counsel, CHRO Association
F. Vincent Vernuccio, President, Institute for the American Worker
(Moderator) Alexander T. MacDonald, Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.

Join us for a webinar examining the Third Circuit’s ongoing review of a decision holding that publishing ASTM standards—which are funded by licenses to use the standards—is a noninfringing fair use under US copyright law. This session will present arguments from both sides, analyzing the tension between a private entity’s right to protect its investments in developing copyrighted technical standards, and the public’s right to access the laws which incorporate those standards. With the Third Circuit poised to issue a decision in ASTM v. UpCodes soon, this webinar aims to provide informative insight on the regulatory and intellectual property policies that will soon be implicated.
Featuring:

Prof. Emily Bremer, Professor of Law, University of Notre Dame Law School
Prof. Zvi Rosen, Associate Professor, UNH Franklin Pierce School of Law
(Moderator) Hon. Stephen Vaden, Deputy Secretary of Agriculture, U.S. Department of Agriculture

CLE credit for this event will be available at On-Demand CLE.
This webinar brings together current and former General Counsels from the Department of Veterans Affairs, the Department of War (Defense), and the Department of the Navy. Drawing on their experience, practice, and diverse career paths, the panel will explore the practice of law within the Department of War and the individual services; the opportunities, challenges, and rewards of this dynamic field of law and policy; the skills and competencies critical to success both within government service and beyond; and how this unique area of practice broadens Judge Advocate Generals (JAGs) as attorneys and equips them for successful transitions to civilian practice.
This program serves as the inaugural webinar of the Armed Services Legal Network. To learn more about this new initiative of the Federalist Society, click here. If you are currently a JAG or a veteran practicing law and are interested in participating in the Network, please contact us at [email protected].
CLE Info
Featuring:

Hon. James Baehr, General Counsel, Department of Veterans Affairs; Lieutenant Colonel, USMC Reserve; Former Military Judge
Hon. Paul C. Ney, Former General Counsel of the Department of Defense and currently Partner, Bradley Arant Boult Cummings LLP
Hon. Robert J. Sander, Former General Counsel of the Department of the Navy, Former Acting General Counsel of the Army, and currently Founding Partner, The Sander Group, PLLC
(Moderator) Toby Curto, Colonel, U.S. Army

The Federal Judicial Center describes itself as “the research and education agency of the judicial branch of the United States Government.” Yet it has recently come under scrutiny for its release of a new Reference Manual on Scientific Evidence, which critics argue departs from the judiciary’s traditional role as a neutral arbiter. In particular, the Manual’s inclusion of a “climate science” section which advances an ideological narrative rather than provide neutral guidance.Is the Center’s Report putting a thumb on the scale by taking sides on contested climate science questions and, through official manuals and guidance materials, attempting to shape how judges are instructed to evaluate disputed questions before cases are even heard? And is the Report compatible with the judge’s duty to say what the law is, not what it should be?

Featuring:

Michael Fragoso, Partner, Torridon Law PLCC; former Chief Counsel to Senate Republican Leader Mitch McConnell
Carrie Campbell Severino, President, Judicial Crisis Network (JCN)
Michael R. Williams, Solicitor General, West Virginia

Ellingburg v. United States concerned whether forced restitution under the Mandatory Victims Restitution Act of 1996 (MVRA), was a civil remedy or a criminal penalty. The MVRA requires defendants who are convicted of some types of federal crimes to pay monetary restitution to the victims. Holsey Ellingburg committed a robbery in 1995. Then, during the course of his trial, the MVRA was passed. When sentenced, he was given both a prison sentence and ordered to pay mandatory restitution under the MVRA. Ellingburg eventually challenged the forced restitution, arguing that the application of the MVRA to him violated the Ex Post Facto Clause of the U.S. Constitution. The Eighth Circuit ruled against Ellingburg, holding that MVRA restitution is a civil remedy. Ellingburg petitioned the Supreme Court for review, which held the MVRA is "plainly criminal punishment" and thus its application to Ellingburg violated the Ex Post Facto clause.Join us for a Courthouse Steps program where we break down and analyze the decision and what its impacts may be.
Featuring:

Matthew P. Cavedon, Director, Project on Criminal Justice, Cato Institute
(Moderator) Sarah Field, Chief Counsel, Legal Policy, Koch Capabilities, LLC

Who controls your financial data and who decides how it can be used? As Americans increasingly rely on digital banking, apps, and financial technology tools, that question has moved to the forefront of a policy debate that may come to a head in the coming months.
Section 1033 of the Dodd-Frank Act is currently under review by the Consumer Financial Protection Bureau, prompting renewed debate over how consumers should access their own financial information and decide how it is shared. Translating that principle into practice, raises significant legal and policy questions about whether current regulatory and market structures truly empower consumers or instead concentrate control over data into the hands of banks
This webinar will examine open banking through a consumer-centered legal lens, focusing on how rules governing data access, privacy, and consent impact real-world choice. Panelists will discuss how bank-centric approaches may prioritize institutional preferences over consumer autonomy, potentially limiting Americans’ ability to use innovative financial tools that rely on secure, authorized data sharing.
Throughout the program, panelists will evaluate the CFPB’s Section 1033 rulemaking and consider whether a consumer-directed approach to financial data can both defend consumer’s right to their own data and foster innovation.
Featuring:

Paul Watkins, Managing Partner, Fusion Law PLLC
Prof. Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
(Moderator) Will Hild, Executive Director, Consumers Research