In a case decided on Tuesday, July 22, 2014 by the D.C. Circuit Court of Appeals, the court ruled that subsidies can be granted only to those people who bought health insurance in exchanges run by an individual state or the District of Columbia, and not to people who purchased health insurance on the federally run exchange, HealthCare.gov. How did the court reach its conclusion, and is the court’s reasoning sound? Will the ruling make the Affordable Care Act financially unworkable? Is a final ruling by the U.S. Supreme Court inevitable?
Prof. Jonathan Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
Prof. Nicholas Bagley, Assistant Professor of Law, University of Michigan Law School
The Supreme Court issued a number of notable opinions in the area of criminal law during the recently concluded term. Members of the Federalist Society’s Criminal Law & Procedure Practice Group Executive Committee offered their analysis on recent developments in the Supreme Court’s criminal law jurisprudence and fielded questions from a call-in audience.
Dean Mazzone, Chief of the Enterprise and Major Crimes Division, Massachusetts Attorney General's Office
Kent S. Scheidegger, Legal Director and General Counsel, Criminal Justice Legal Foundation
Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on recent important activity at the Consumer Financial Protection Bureau on this Teleforum conference call. Recent developments included CFPB Director Richard Cordray’s congressional testimony on auto lending discrimination, as well as the congressional testimony of CFPB whistleblower Ali Naraghi on alleged “results-oriented” examinations of regulated entities, bureaucratic inefficiency, and workplace discrimination at the CFPB, and Operation Chokepoint.
Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law
Since its creation, the Student Division of the Federalist Society has played an integral role on law school campuses. Through its numerous conferences, programs, and publications, the Student Division seeks to accomplish three principal goals:
Fostering debate among students, academics, legal practitioners, and public policy experts at the law school level
Countering the tide of orthodox liberal ideology and combatting the radicalism that has flooded our nation’s law schools
Creating a network of student leaders who will affect positive change in the legal establishment
Law School Chapters
The cornerstone of the Federalist Society Student Division is its active speakers program. The Society sponsors speeches and debates at law school chapters around the country. These high quality presentations have enhanced the intellectual atmostphere at the nation’s law schools and have also attracted many outstanding students to the Society. Despite obvious philosophical disagreements, many law school administrators and faculty members welcome our programs because of their extraordinary quaulity. Indeed, the tremendous repsonse to our speakers program has clearly demonstrated that the Society’s efforts over the last two dcades have made a remarkable difference.
On June 12, 2014, the Supreme Court issued its decision in Clark v. Rameker. The question in this case is whether an individual retirement account that a debtor has inherited is exempt from the debtor's bankruptcy estate under Section 522 of the Bankruptcy Code, which exempts "retirement funds to the extent that those funds are in a fund or account that is exempt from taxation" under certain provisions of the Internal Revenue Code.
Justice Sotomayor delivered the opinion for a unanimous Court, which held that funds contained in an inherited IRA do not qualify as "retirement funds" within the meaning of the Bankruptcy Code exemption. The judgment of the Seventh Circuit was affirmed.
To discuss the case, we have Jennifer Spreng, an associate professor of law at the Arizona Summit Law School.