The development of standing jurisprudence has been inextricably intertwined with the growth of the administrative state over the past 60 years and the bevy of new statutory rights, privileges, obligations, constraints, and interbranch dynamics that came with it. Over the past three terms, the U.S. Supreme Court has issued numerous opinions that are rich with standing doctrine. Three new voices in administrative law--all recent law school graduates--will address recent developments in standing...

Chevron v. NRDC (1984) and subsequent precedents held that courts should defer to agency interpretations of ambiguous statutes. This “Chevron Deference” has been a topic of great debate, with many calling for it to be overturned, while others argue it is a vital part of how Courts address the complexity of law and agency actions. In two cases this term (Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce) the Court considered challenges to that precedent. Oral...

Congress’s impeachment power has been used dozens of times since the republic’s founding, mostly for relatively low- and mid-level executive and judicial officers involving clear instances of bribery or other felonies. Its attempted use to remove Supreme Court justices, presidents, and now cabinet secretaries is more controversial, and since the 1990s, in arguably partisan or overtly political ways. The impeachment inquiry into President Biden and the House vote to impeach Homeland Security...

In his recent book Why Congress, Dr. Phillip Wallach covers the past, present, and future of the Legislative branch to help measure its modern level of dysfunction and offer suggestions for future restoration. The book traces how Congress was designed to operate, how it has met the challenges of decades past, and the trends that have contributed to increased polarization and decreased power. Having established how we got where we are, Dr. Wallach articulates three potential paths forward for...

On March 28, 2023, Representatives Harriet Hageman and Chip Roy joined the Georgetown University Chapter of the Federalist Society for a discussion moderated by David Hoppe. Topics ranged from the representatives' careers prior to joining Congress to the proper role of Congress in the federal government, and the event concluded with audience Q&A. Featuring: - Hon. Harriet Hageman, U.S. Representative, Wyoming - Hon. Chip Roy, U.S. Representative, 21st District of Texas - Moderator: David...

On March 23, 2023, the Center for Constitutional Design at Arizona State University's Sandra Day O'Connor College of Law and the Federalist Society's Arizona State University Student Chapter and Article I Initiative co-hosted a debate about whether the legislative power can be delegated. The debate featured Professor James Stoner and Professor Michael Rappaport, and was moderated by Arizona State Supreme Court Justice Clint Bolick. Featuring: - Prof. Michael Rappaport, Hugh & Hazel...

The University of Richmond chapter of the Federalist Society hosted this panel discussion on "The Major Questions Doctrine, Chevron Deference & the Future of the Regulatory State" on Tuesday, March 21, 2023. Featuring: - Prof. Joel B. Eisen, Professor of Law, University of Richmond School of Law - Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School - Jonathan Wolfson, Chief Legal Officer and Policy Director, Cicero Institute

In November 2022, the District of Columbia City Council passed the Revised Criminal Code Act of 2022 (RCCA) that significantly reformed the D.C. Criminal Code to "modernize and overhaul" the District's criminal laws including a reduction in penalties for many violent offenses. D.C. Mayor Muriel Bowser initially vetoed the bill citing concerns about some of the changes, but the Council overrode her veto in early 2023. Because D.C. government is not autonomous from the federal government, the...

On October 17, 2022, the Federalist Society's Regulatory Transparency Project and Capitol Hill Chapter hosted part III in a lecture series on the administrative state. This discussion covered the major questions doctrine and how Congress may respond to the Supreme Court's decision in West Virginia v. EPA. Arguably unenforced for some time, recent federal court cases have once again raised the specter of nondelegation doctrine. In so doing, cases such as West Virginia v. EPA at the Supreme...

This second event of a co-sponsored series on the Administrative State focused on the role of the administrative state in policymaking. Through its various roles and capacities, the Administrative state can have great leeway to create policy that has similar effects to rules and laws created through the legislative process but comes to be via different means. Agencies can make rules, issue guidance documents that often carry significant weight, interpret statutes, and enforce their rules. All...

On Friday, November 11, 2022, Senator Mike Lee of Utah addressed the Federalist Society's National Lawyers Convention. Featuring: - Hon. Michael S. Lee, United States Senate, Utah

This first luncheon in a series on how the administrative state functions in modern American government featured former "regulations czar" Paul J. Ray, who served as President Trump's Office of Information and Regulatory Affairs Administrator (OIRA). As OIRA Administrator, Ray oversaw the review of hundreds of regulations, and led efforts on regulatory reform. The luncheon also featured Boris Bershteyn, a partner at Skadden, Arps, Slate, Meagher, and Flom, LLP. Mr. Bershteyn served as acting...

The Fourteenth Amendment prohibits anyone who has engaged in insurrection or rebellion against the United States after swearing an oath to support the Constitution from ever holding public office again. In light of this Disqualification Clause, some have called for participants in the riot that occurred on January 6, 2021 to be barred from future elections. Who has the authority to enforce this provision, the states or Congress? Normally states cannot add requirements for holding public...

Recently we were saddened to hear of the passing of Senator Orrin Hatch. In his honor, we hope you will enjoy revisiting remarks that Senator Hatch gave during the 2015 Federalist Society National Lawyers Convention. That year's Convention was focused on "The Role of Congress," and Senator Hatch eloquently discussed Congress's place in the Constitution's separation of powers as well as the importance of prudence in effective governance. The Senator was introduced by Leonard Leo, then...

On March 24, 2022, Judge Stephen Schwartz joined the Federalist Society's Notre Dame Student Chapter to discuss the historical, theoretical, and practical reasons why law students should care about the Court of Federal Claims. Professor David P. Waddilove then provided a response and moderated an audience Q&A. Featuring: - Judge Stephen Schwartz, Judge, United States Court of Federal Claims - Prof. David P. Waddilove, Associate Professor, Notre Dame Law School

Some experts argue that the first and most important place for congressional reform is its power of the purse. With regular order a distant memory, annual budget proceedings failing to live up to the basic framework of the 1974 Budget Act, the ever-expanding role of the president in spending decisions, and regular threats of federal government shutdowns, some fear the legislative branch has lost its ability to oversee and control our nation's finances. Senator James Lankford joined us to...

The Evansville Lawyers Chapter hosted Dave Hoppe, President, Hoppe Strategies, for a discussion entitled "How to Fix the Budget Mess." Featuring: - David Hoppe, President, Hoppe Strategies - Introduction: Seth Zirkle, Evansville Lawyers Chapter President

An expert panel discusses the impact that changes proposed in HR 4, the John R. Lewis Voting Rights Advancement Act of 2021, may have on drawing voting districts and litigating redistricting cases. Featuring: - Mark Braden, Of Counsel, BakerHostetler - Jeffrey M. Wice, Adjunct Professor of Law, New York Law School; Director, N.Y. Census and Redistricting Institute - Moderator: Maya Noronha, Visiting Fellow, Independent Women's Law Center

On September 29, 2021, former United States Representative Bob Barr joined the Federalist Society's Southern California Student Chapter to discuss the two-party system. Featuring: - Bob Barr, President and CEO, Liberty Strategies LLC

With Democrats holding power in both houses of Congress and the White House, how will congressional oversight and investigations affect private industry and the Biden administration during the 117th Congress? What should we expect if Republicans take back one or both houses of Congress in the midterm elections? What should private entities expect from congressional investigations, and what effect will recent court decisions such as Mazars have on industry? A panel of current and former...

Then-Senator Biden said in 2005 that "American citizens have benefited from the Senate's check on the excesses of the majority" with "minority protections" through the filibuster. Now, however, President Biden believes the filibuster is being abused and, potentially, impeding democracy. Is Senator Biden or President Biden right? Recent pressure from the press and powerful interest groups on the left seem to agree with President Biden and are urging senators to cast aside their centuries-old...

The For the People Act was introduced in the House of Representatives in 2019 as H.R. 1, the symbolic designation marking it as the top priority of the new Democratic House majority. Described by its author, Representative John Sarbanes, as addressing "voter access, election integrity and security, campaign finance, and ethics for the three branches of government," the 570 page bill passed the House later that year, but was never voted on in the Republican-controlled Senate. The measure was...

On May 17, as part of their annual Executive Branch Review Conference, the Federalist Society's Practice Groups hosted an expert panel on the non-delegation doctrine. Whether as the result of hyper-partisanship or as a residue of the constitutional design for lawmaking, government by executive "diktat" is lately increasing. Many of these executive actions appear to have dubious — if any — statutory authority, but the courts have been reticent to validate objections along these lines. The...

The Federalist Papers Book Club ran weekly on Tuesday evenings for 10 one-hour sessions beginning January 26th 2021. This session covers Federalist numbers 62, 63, 65, and 66, which discuss the United States Senate. The recommended edition of The Federalist is edited by Carey and McClellan, published by Liberty Fund. It comes in paper and online versions. The Federalist by Publius (AKA Madison, Hamilton, and Jay) contains 85 essays. The recommended reading pace was 9 to 10 essays per week....