The Role of Congress - Early registration now open!Thursday, November 12, 08:00 AMThe Renaissance Mayflower Hotel 1127 Connecticut Avenue, NW Washington, DC 20036
The Federalist Society's 2015 National Lawyers Convention is scheduled for Thursday, November 12 through Saturday, November 14 at the Mayflower Hotel in Washington, D.C. The theme for this year's convention is: The Role of Congress. More information is coming soon, but early registration is now open!
Is Clay v. United States, argued on October 2 in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, led to the indictment, conviction, and prison sentences for the company’s top executives for fraud. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement.
Paul D. Kamenar, Senior Fellow, Administrative Conference of the United States
John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP
The role of municipally-owned and operated broadband networks in the United States has been the subject of considerable debate. Among some stakeholders, there is increasing enthusiasm around the potential for government-owned broadband networks (GONs) to serve as an engine for municipalities to jump-start economic development. When GONs fail, however, the costs are borne by taxpayers. Earlier this year, the FCC threw its hat into the ring by moving aggressively to preempt certain provisions of Tennessee and North Carolina law that restrict municipal provision of broadband service. In this teleforum, our experts assessed the need for GONs, addressed the competition policy and regulatory issues associated with these projects, and explored whether the FCC’s move to preempt the states will survive judicial appeal.
Charles M. Davidson, Director, Advanced Communications Law and Policy Institute, New York Law School
Randolph J. May, President, The Free State Foundation
Christopher Mitchell, Policy Director, Next Century Cities
Moderator: Rachael M. Bender, Senior Policy Director, Mobile Future
On June 25, 2015, the Supreme Court issued its decision in King v. Burwell. The question in this highly anticipated case is whether the Affordable Care Act authorizes the Internal Revenue Service to offer tax credit subsidies for individuals purchasing health insurance through federal exchanges.
In an opinion delivered by the Chief Justice, the Court held by a vote of 6-3 that the tax credit subsidies authorized by section 36B of the Affordable Care Act for individuals purchasing health insurance through state exchanges are also available to individuals in states that have a federal exchange. The judgment of the Fourth Circuit was affirmed.
Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan joined the opinion of the Court. Justice Scalia filed a dissenting opinion which Justices Thomas and Alito joined.
To discuss the case, we have Prof. Josh Blackman, who is an Assistant Professor of Law at the South Texas College of Law and Prof. Jonathan Adler who is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at Case Western Reserve University School of Law.
After delegating significant power to the administrative state, is Congress properly discharging its oversight role? Are there tools available to Congress that are underutilized? Would a proper annual budget process help? Are Congress’ oversight hearings meaningful, well-run, and properly focused? Should Congress be requesting more information from agencies through other avenues?
This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference.