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Federalism

2015 Separation of Powers CLE Course

Federalism & Separation of Powers Practice Group Thursday, August 20, 12:00 AMThe Ritz-Carlton, Bachelor Gulch
0130 Daybreak Ridge
Avon, CO 81620

U.S. Supreme Court Associate Justice Antonin Scalia and Professor John Baker of Georgetown Law will teach a ten-hour CLE course on the courts, standing, the non-delegation doctrine, and appointments and removal, as they relate to the separation of powers. This course is offered exclusively to Federalist Society members. [Register now!]

Oneok v. Learjet - Post-Argument SCOTUScast

SCOTUScast 3-12-15 featuring Daniel Lyons
Daniel Lyons March 12, 2015

On January 12, 2015, the Supreme Court heard oral argument in Oneok, Inc. v. Learjet. The question in this case is whether the Natural Gas Act, which gives the Federal Energy Regulatory Commission jurisdiction to regulate natural gas sales in interstate commerce for resale (wholesale sales), preempts state-law antitrust claims which challenge industry practices that directly affect the wholesale natural gas market when those claims are asserted by litigants who purchased gas in retail transactions.

To discuss the case, we have Daniel Lyons, who is an Associate Professor of Law at the Boston College Law School.

North Carolina Board of Dental Examiners v. Federal Trade Commission - Post-Decision SCOTUScast

SCOTUScast 3-9-15 featuring Sasha Volokh
Alexander Volokh March 09, 2015

On February 25, 2015 the Supreme Court heard oral argument in North Carolina Board of Dental Examiners v. Federal Trade Commission.  The question in this case is whether the state-action exemption from federal antitrust laws applies to a state dental regulatory board when the majority of board members are dental professionals who are elected by other market participants--and thus potential competitors of anyone seeking entry into the dental industry.  The Federal Trade Commission denied immunity to the Board and the Fourth Circuit affirmed that ruling on appeal

By a vote of 6-3, the Supreme Court affirmed the judgment of the Fourth Circuit.  Because a controlling number of the Board’s decisionmakers are active market participants in the occupation the Board regulates, the Court explained, the Board can invoke state-action antitrust immunity only if it was subject to active supervision by the State--and that supervision is lacking here.

Justice Kennedy delivered the opinion of the Court, which was joined by Chief Justice Roberts, and Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justice Alito filed a dissenting opinion, which Justices Scalia and Thomas joined.

To discuss the case, we have Prof. Alexander “Sasha” Volokh, who is an Associate Professor of Law at the Emory University School of Law.  Professor Volokh received his JD and PhD in economics from Harvard University.

King v. Burwell - Post-Argument SCOTUScast

SCOTUScast 3-6-15 featuring Jonathan Adler
Jonathan H. Adler March 06, 2015

On March 4, 2015, the Supreme Court heard oral argument 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.

To discuss the case, we have 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.

King v. Burwell: U.S. Supreme Court Preview of the Next Challenge to the Affordable Care Act - Event Audio/Video

Federalism & Separation of Powers Practice Group
Jonathan H. Adler, Simon Lazarus, Carrie Severino, Robert N. Weiner, Robert Barnes, Dean A. Reuter February 26, 2015

On March 4, 2015 the Supreme Court will hear oral arguments on King v. Burwell. The Federalist Society proudly hosts a panel discussion ahead of the oral arguments. King v. Burwell focuses on 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.

Featuring:

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation, Case Western Reserve University School of Law
  • Mr. Simon Lazarus, Senior Counsel, Constitutional Accountability Center
  • Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network
  • Mr. Robert N. Weiner, Arnold & Porter LLP
  • Moderator: Mr. Robert Barnes, Reporter, The Washington Post
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

National Press Club
Washington, DC