FedSoc Forums

On December 10, 2020, the Supreme Court released its decision in Rutledge v. Pharmaceutical Care Management Association. By a vote of 8-0, the judgment of the U.S. Court of Appeals for the Eight Circuit was reversed and the case remanded. Per Justice Sotomayor's opinion for the Court: "Arkansas' Act 900 regulates the price at which pharmacy benefit managers reimburse pharmacies for the cost of drugs covered by prescription-drug plans. The question presented in this case is whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. §1001 et seq., pre-empts Act 900. The Court holds that the Act has neither an impermissible connection with nor reference to ERISA and is therefore not pre-empted." Justice Sotomayor's opinion was joined by all other members of the Court except Justice Barrett, who took no part in the consideration or decision of the case. Justice Thomas filed a concurring opinion.

Featuring:
-- Anthony G. Provenzano, Member, Miller & Chevalier

On December 10, the Supreme Court decided the case of Tanzin v. Tanvir. The 8-0 ruling affirmed the judgement of the Second Circuit Court of Appeals, holding that "appropriate relief" under the Religious Freedom Restoration Act (RFRA) includes claims for money damages against government officials in their individual capacities. Stephanie Taub of First Liberty joins us to discuss the ruling and its implications.
Featuring:
Stephanie Taub, Senior Counsel, First Liberty

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The case of Henry Schein Inc. v. Archer and White Sales Inc. will have oral arguments at the Supreme Court on December 8, 2020. At issue is whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. Erika Birg joins us to discuss the background of the case and the oral arguments as they occurred.
Featuring:
Erika C. Birg, Partner, Nelson Mullins Riley & Scarborough LLP


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 December 1st, the Supreme Court heard oral arguments in the case CIC Services, LLC v. Internal Revenue Service. The case involves whether courts have jurisdiction over challenges to the validity of Internal Revenue Service rules or regulations under the Administrative Procedure Act before the taxpayer pays a tax and seeks a refund. The specific issue presented was whether the prohibition in the Anti-Injunction Act (26 U.S.C., sec. 7421, “AIA”) on lawsuits “for the purpose of restraining the assessment or collection of any tax” bars challenges to regulatory mandates issued by Treasury/IRS in the form of information reporting requirements that could lead to the assessment of tax penalties. In CIC Services, the Government asserted that the AIA barred pre-enforcement litigation challenging reporting requirements that could have significant civil and criminal penalties attached for non-compliance, where the civil penalties are denominated by the Internal Revenue Code as a “tax” but where no violation had yet occurred. The case came to the Supreme Court on a writ of certiorari to the U.S. Court of Appeals for the Sixth Circuit, which had affirmed a district court opinion dismissing the case under the AIA for lack of jurisdiction.
We are joined by a panel of experts to discuss the oral arguments, and the various policy implications of the potential rulings.
Featuring:
Prof. Robert Carney, Senior Counsel, Caplin & Drysdale, and Adjunct Professor, Tax Practice and Procedure (Administrative), Georgetown University Law Center
Prof. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School
Prof. Gregory Dolin, Co-director of the Center for Medicine and Law, University of Baltimore School of Law, and Adjunct Scholar at the Cato Institute


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On December 7, the Supreme Court will hear oral arguments in two cases involving the Foreign Sovereign Immunities Act (FSIA).
In Republic of Hungary v. Simon, the issue is whether a district court may abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, in a matter in which former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II but the plaintiffs made no attempt to exhaust local Hungarian remedies.
In Federal Republic of Germany v. Philipp, the issue is whether the “expropriation exception” of the FSIA, which abrogates foreign sovereign immunity when “rights in property taken in violation of international law are in issue,” provides jurisdiction over claims that a foreign sovereign has violated international human rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states’ responsibility for takings of property. Is the doctrine of international comity unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, when the foreign nation has a domestic framework for addressing the claims?
Prof. Alberto Coll and moderator Jim Dunlop join us to discuss both these cases.
Featuring:
Prof. Alberto R. Coll, Vincent de Paul Professor of Law and Director of Global Engagement, DePaul College of Law
James C. Dunlop, Senior Attorney, Sensient Technologies Corporation


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.

The case of Mnuchin v. Collins will have oral arguments before the Supreme Court on December 9, 2020. The case involves the Federal Housing Finance Agency's 2008 decision to appoint itself conservator of Fannie Mae and Freddie Mac, and the issues presented are whether the statute's anti-injunction clause precludes a court from setting aside the Third Amendment and whether the succession clause precludes shareholders from challenging the Third Amendment. Elizabeth Slattery joins us to discuss the case and its implications.
Featuring:
Elizabeth Slattery, Senior Legal Fellow, Pacific Legal Foundation

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.

Join us as Hester Peirce, Commissioner on the Securities and Exchange Commission, discusses the intersection of individual liberty and securities regulation.

The case of Facebook Inc. v. Duguid will have oral arguments before the Supreme Court on December 8, 2020. At issue in the case is the Telephone Consumer Protection Act's definition of "automatic telephone dialing system," and whether this phrase includes any device that can store and dial phone numbers, even if it “uses a random or sequential number generator.” Megan Brown and Prof. Daniel Lyons join us to discuss the case and its implications.
Featuring:
Megan L. Brown, Partner, Wiley Rein
Prof. Daniel Lyons, Professor of Law, Boston College School of Law

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 November 25, 2020, the Supreme Court barred New York Governor Andrew Cuomo from enforcing Executive Order 202.68 10- and 25-person occupancy limits on religious services during the COVID-19 pandemic. Application for injunctive relief was granted in the per curiam opinion. Justices Gorsuch and Kavanaugh filed concurring opinions. Chief Justice Roberts filed a dissenting opinion. Justice Breyer filed a dissenting opinion, joined by Justices Sotomayor and Kagan. Justice Sotomayor filed a dissenting opinion, joined by Justice Kagan. Eric Rassbach joins us to discuss the case and its implications.

Featuring:
-- Eric Rassbach, Vice President & Senior Counsel, The Becket Fund for Religious Liberty

The case of Edwards v. Vannoy will have oral arguments before the Supreme Court on December 2, 2020. At issue is whether the Supreme Court’s decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review. William McClintock joins us to offer commentary on the case and the oral arguments.
Featuring:
William S. McClintock, Associate, King & Spalding LLP

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.