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Constitutional Law

The "Iran Deal"

International & National Security Law Practice Group Teleforum Friday, July 31, 03:00 PMFederalist Society Teleforum Conference Call

The "Iran Deal" as negotiated by the Obama Administration and approved by the UN raises controversies on many levels. One foundational question concerns whether a president's constitutional Article II power extends to an executive agreement that incurs foreign obligations and implicates international law. The congressional response in the Corker-Cardin review act demurred from challenging whether the nuclear deal was an end-run around treaty Senate ratification requirements by acknowledging the executive agreement classification. Now there are questions as to whether the final deal is sufficiently inconsistent with the anticipated agreement such that the Corker-Cardin bill is undermined. Does UN approval prior to congressional review moot Corker-Cardin? Additionally, as yet unquantified side agreements may have a bearing on congressional posture. Also, some states have sanctioned Iran separately. Since an executive agreement does not carry the federal pre-emptive power as would a treaty, may states continue to act independent of Corker-Cardin, UN, or administration commitments?

  • Jamil N. Jaffer, Adjunct Professor of Law and Director, Homeland and National Security Law Program, George Mason University School of Law and former Chief Counsel and Senior Advisor, Senate Foreign Relations Committee
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law

2015 Annual Supreme Court Round Up - Event Audio/Video

Washington, DC Lawyers Chapter
Miguel Estrada, Douglas R. Cox July 13, 2015

On July 10, 2015, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC.

Featuring:

  • Mr. Miguel Estrada, Gibson Dunn & Crutcher LLP
  • Introduction: Mr. Douglas R. Cox, Gibson Dunn & Crutcher LLP

The Mayflower Hotel
Washington, DC

How could the Supreme Court affect marriage?

Short video debating the possible consequences of Obergefell v. Hodges.
Kyle Duncan, Ilya Somin June 25, 2015

Kyle Duncan of Duncan PLLC, an attorney in private practice who serves as Special Assistant Attorney General for Louisiana, and Ilya Somin, Professor of Law at George Mason University School of Law, discuss potential consequences of a ruling in Obergefell v. Hodges. This case considers whether or not the 14th Amendment requires that states allow same sex couples to marry, as well as whether or not the 14th Amendment requires states to recognize same sex marriages performed lawfully in other states.

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

Must the states recognize same sex marriages?

Short video explaining Obergefell v. Hodges
Kyle Duncan, Ilya Somin June 25, 2015

Kyle Duncan of Duncan PLLC, an attorney in private practice who serves as Special Assistant Attorney General for Louisiana, and Ilya Somin, Professor of Law at George Mason University School of Law, discuss Obergefell v. Hodges. This case considers whether or not the 14th Amendment requires that states allow same sex couples to marry, as well as whether or not the 14th Amendment requires states to recognize same sex marriages performed lawfully in other states.

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

King v. Burwell: What are the consequences?

Short video debate with Michael Cannon and Robert Weiner
Michael Cannon, Robert N. Weiner June 22, 2015

Michael Cannon, Director of Health Policy Studies at the Cato Institute, and Robert N. Weiner, Partner at Arnold & Porter debate the potential consequences of the Court’s ruling concerning whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1321 of the Patient Protection and Affordable Care Act.

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