FedSoc Forums

The United States Mexico Canada Agreement (USMCA) free trade agreement went into force in July of 2020. Under that agreement, Mexico committed to a comprehensive reform of its laws governing labor unions and collective bargaining. Mexico's labor laws as they relate to unions have historically been criticized as encouraging employers and established labor unions to enter into agreements to serve as a protection against independent labor unions. Often the workers who are represented know nothing of the unions or the agreements. Some believe this system has led to suppression of wages in Mexico and that, in turn, has created an unfair competitive advantage against U.S. business. As part of an effort to ensure labor law reform, the USMCA created a mechanism that allows enforcement against individual facilities for failure to comply with the reformed laws, called a Rapid Response dispute resolution process. Under that process, claims for failure to comply can be brought directly against facilities in Mexico. Following investigation and adjudication, these cases can result in a loss of the preferential tariffs accorded under the USMCA for goods or services coming from that facility, creating the first-ever international process that holds an individual business accountable for its failure to comply with the labor laws of another country. Will mechanisms like this be incorporated into other free trade agreements in the future? Featuring:-- Lewis Karesh, Assistant U.S. Trade Representative for Labor-- Matthew Levin, Director, Office of Trade and Labor Affairs, U.S. Department of Labor-- Stefan J. Marculewicz, Shareholder and Co-Chair, Business and Human Rights Practice Group, Littler Mendelson P.C.-- Philip A. Miscimarra, Partner, Morgan & Lewis

On December 10, 2020, the Supreme Court released its decision in United States v. Briggs. Consolidated with United States v. Collins, United States v. Briggs challenged the idea that a rape charge may only be prosecuted if it is discovered within five years of the crime. By a vote of 8-0, the judgments of the U.S. Court of Appeals for the Armed Forces were reversed and the cases remanded. Justice Alito'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 Gorsuch filed a concurring opinion.Featuring: Arthur Rizer, Director, Criminal Justice & Civil Liberties; Resident Senior Fellow, R Street InstituteProf. Richard Sala, Assistant Professor of Law, Vermont Law School 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 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 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 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 CenterProf. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law SchoolProf. Gregory Dolin, Co-director of the Center for Medicine and Law, University of Baltimore School of Law, and Adjunct Scholar at the Cato Institute Please dial 1-888-752-3232 to participate.

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 LawJames 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 ReinProf. 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.