On June 21, 2021, the US Supreme Court decided United States v. Arthrex, Inc. Writing for the 5-4 majority, Chief Justice Roberts explained that the patent judge's unreviewable authority is incompatible with his appointment as an inferior officer.
Justices Alito, Gorsuch, Kavanaugh, and Barrett joined Parts I and II of the opinion, and Justices Alito, Kavanaugh, and Barrett joined Part III of the opinion. Justice Gorsuch filed an opinion concurring in part and dissenting in part. Justice Breyer filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Sotomayor and Kagan joined. Justice Thomas filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined as to Parts I and II.
Featuring:

Prof. Gregory Dolin, Associate Professor of Law and Co-Director, Center for Medicine and Law, University of Baltimore School of Law
Prof. Dmitry Karshtedt, Associate Professor of Law, The George Washington Law School
Moderator: Prof. Kristen Osenga, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

On June 17, 2021, the U.S. Supreme Court decided California v. Texas. Writing for the 7-2 majority, Justice Stephen Breyer explained that plaintiffs lack standing to challenge the Affordable Care Act's minimum essential coverage provision. Justice Thomas filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.
Two experts join us to discuss the ruling and offer their differing views on the important constitutional issues involved, including standing and severability.
Featuring:
Prof. Jonathan Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
Mario Loyola, Senior Fellow, Competitive Enterprise Institute
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This Zoom webinar is open to public registration at the link above.

As the 2020 term concluded, the US Supreme Court ruled in a 5-4 decision that the Muskogee Creek Reservation in Oklahoma was never disestablished by Congress. This has led to Oklahoma courts declaring that reservations for the Chickasaw, Cherokee, Choctaw and Seminole Nation reservations continue to exist as well, creating unanswered questions about state and tribal authority in much of the eastern half of the state.
The webinar explorde some of the litigation that has arisen after the ruling in McGirt, discussions between the state and the nations, and congressional discussions that have occurred in the past year.
Featuring:

Jennifer Weddle, Shareholder, GreenbergTraurig
Ryan Leonard, Special Counsel for Native American Affairs to Gov. Stitt
Moderator: Eric Grant, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

President Trump declined to join the Trans-Pacific Trade Partnership but many of China’s neighbors (with others) joined that trade agreement. Would U.S. accession now encourage Asian nations to resist Chinese expansionism? Can the agreement be renegotiated to satisfy U.S. objections? Can the Biden administration find supportive majorities in Congress to approve U.S. participation in a big new trade deal? An Asian affairs specialist (Michael Auslin, Hoover Institution), a trade law specialist (Jeffrey Gerrish, Skadden Arps) and nd a close observer of China policy and congressional currents (Nova Daly, Wiley Rein) will discuss the prospects, moderated by Jeremy Rabkin (George Mason University).

Featuring:
-- Dr. Michael R. Auslin, Payson J. Treat Distinguished Research Fellow in Contemporary Asia, Hoover Institution
-- Jeffrey Gerrish, Partner, CFIUS and Foreign Investment Reviews; National Security; International Trade, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
-- Nova J. Daly, Senior Public Policy Advisor, Wiley Rein LLP
-- Moderator: Prof. Jeremy A. Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University

The Supreme Court issued its unanimous decision in Sanchez v. Mayorkas on June 7, 2021.
Jose Santos Sanchez, a citizen of El Salvador, entered the United States illegally in 1997. Four years later, he applied for and was granted Temporary Protected Status (TPS) then in 2014, Sanchez applied for Lawful Permanent Resident (LPR) status.
The United States Citizenship and Immigration Services denied Sanchez’ LPR application, finding him ineligible based on his illegal entry—so Sanchez sued in District Court. The court sided with Sanchez, holding that the grant of TPS automatically made Sanchez eligible for LPR consideration.
On appeal, the Third Circuit reversed, finding Sanchez ineligible for LPR, based on his illegal entry, and the Supreme Court affirmed. The Court found that eligibility for LPR status under 8 U.S.C. Section 1255 requires “admission” defined as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” As a result, Sanchez’ illegal entry made him ineligible for LPR.
Featuring:

Hon. Grover Joseph Rees, III, retired United States Ambassador to East Timor, General Counsel of the US Immigration and Naturalization Service from 1991 through 1993



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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Three of the nation's leading scholars on constitutional law and executive power — Michael McConnell, Sai Prakash, and John Yoo — join us to discuss the true extent of executive power, and their new books on the subject.

The most recent book, The President Who Would Not Be King: Executive Power under the Constitution by Prof. McConnell, was reviewed in the pages of the Federalist Society Review by John Yoo. Before that, Profs. Prakash and Yoo joined the Federalist Society's Teleforum to debate the Constitution's grant of presidential power and whether (or to what extent) President Trump upheld that grant. The discussion continues with the new voice of former federal judge and distinguished originalist scholar Michael McConnell.

Featuring:
-- Prof. Michael W. McConnell, Richard and Frances Mallery Professor of Law, Director of the Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institution
-- Prof. Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
-- Prof. John C. Yoo, Emanuel S. Heller Professor of Law, UC Berkeley School of Law; Visiting Fellow, Hoover Institution
-- Moderator: Dean A. Reuter, Senior Vice President, General Counsel and Director of Practice Groups, The Federalist Society

On June 17, 2021, the US Supreme Court unanimously decided Fulton v. City of Philadelphia for petitioners. Chief Justice John Roberts, writing for the Court in an opinion joined by Justices Breyer, Kagan, Sotomayor, Kavanaugh, and Barrett, explained that the city violated the First Amendment's Free Exercise Clause when it refused to contract with Catholic Social Services for foster-care services unless CSS agreed to certify same-sex couples as foster parents.
Justice Barrett filed a concurring opinion in which Justice Kavanaugh joined and Justice Breyer joined as to all but the first paragraph. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined. Justice Gorsuch filed an opinion concurring in the judgment, in which Justices Thomas and Alito joined.
Featuring:

Prof. Mark L. Rienzi, President, Becket Fund for Religious Liberty; Professor of Law, Columbus School of Law, The Catholic University of America

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

The Biden Administration recently made headlines by announcing a greenhouse gas emissions reduction target for the U.S. of 50% by 2030 (relative to 2005 levels) when hosting a climate summit with world leaders. Indeed, in an executive order (Jan. 27, 2021), President Biden stated that “[i]t is the policy of my Administration that climate considerations shall be an essential element of United States foreign policy and national security.” China, on the other hand, is not only the world’s largest carbon emitter, but also considered by many to be a geopolitical rival to the U.S. It has gained prestige for committing to reaching net zero emissions by 2060, even while its emissions continue to increase significantly in the present. The teleforum will discuss the respective aspirational goals and current efforts of China and the U.S. with regard to climate change mitigation, as well as the legal frameworks within which each government attempts to implement policy. It will then discuss the impact of this issue upon the broader strategic interactions between the two nations, and consider paths forward for U.S. policy.
Featuring:

Gabriel Collins, Baker Botts Fellow in Energy & Environmental Regulatory Affairs, Center for Energy Studies, Baker Institute
Moderator: Dan West, Executive Committee, International and National Security Law Practice Group

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

On June 14, 2021, the Supreme Court issued its decision in Terry v. United States. Petitioner Tarahrick Terry plead guilty to possession of crack cocaine in 2008. Following the passage of the First Step Act in 2018, petitioner requested resentencing. The First Step Act makes the 2010 Fair Sentencing Act’s downward sentence modification for certain crack cocaine convictions retroactive. The Court found that since Terry’s initial crack cocaine conviction did not trigger a mandatory minimum, it was not modified by the Fair Sentencing Act. As a result, the First Step Act does not apply and Terry’s request for retroactive resentencing was properly denied.

Featuring:
Vikrant P. Reddy, Senior Research Fellow, Charles Koch Institute


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 16, 2021, The Federalist Society's Religious Liberties Practice Group hosted a teleforum titled "Talks with Authors: Religious Liberty in Crisis."

In his new book Religious Liberty in Crisis: Exercising Your Faith in an Age of Uncertainty, former U.S. Solicitor General Ken Starr explores the contemporary relationship between government, constitutional law, and religious freedom. Judge Starr is joined by Professor Robert P. George, Princeton's McCormick Professor of Jurisprudence, to discuss the book and related matters.

Featuring:
-- Hon. Kenneth W. Starr, U.S. Court of Appeals, District of Columbia Circuit (1983-1989); U.S. Solicitor General (1989-1993)
-- Moderator: Prof. Robert P. George, McCormick Professor of Jurisprudence; Director, James Madison Program, Princeton University