Free Speech & Election Law
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|Unlearning Liberty: Campus Censorship and the End of American Debate - Event Audio|
On April 11, 2013, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring Greg Lukianoff, President of the Foundation for Individual Rights in Education. Mr. Lukianoff discussed his new book "Unlearning Liberty: Campus Censorship and the End of the American Debate". Introduction by Mr. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter. [Listen now!]
|Federalist Society’s Executive Branch Review Project: A Teleforum with Senator Mike Lee and David McIntosh - Podcast|
An increase in Federal executive branch regulatory activity – whether through executive order, formal or informal administrative agency action – has been noted by many across the country. In launching the Executive Branch Review Project, the Practice Groups of the Federalist Society seek to prompt a national debate about whether there has been an uptick in such regulatory activity, and, if so, with what consequence. The project will provide objective resources that identify major government activity, and will provide a forum for debate and discussion about whether such regulation constitutes a form of legal and regulatory overreach. The first component of this project is a new blog dedicated to highlighting action or inaction by the executive branch, http://www.executivebranchproject.com/
To kickoff this new endeavor, U.S. Senator Michael S. Lee (Utah) and Federalist Society founder and Vice Chairman David M. McIntosh discussed the project and provided their perspectives on the use of executive power.
|Who Said That?: A Simple Question That May Change the Way Courts View Legislative Prayer|
Two current cases sharing substantively similar facts illustrate the current legal debate over legislative prayer. On November 8, 2012, in Rubin v. City of Lancaster, the U.S Court of Appeals for the Ninth Circuit heard oral argument on a challenge to a legislative prayer practice.17 And on December 6, 2012, a Petition for Certiorari was filed with the U.S. Supreme Court in Galloway v. Town of Greece.18 In both cases, the towns created opportunities for private citizens to voluntarily open town council meetings with invocations....[Read More!]
|Setting Voter Rules: Arizona v. Inter Tribal Council of Arizona - Podcast|
On March 18, 2013 the Supreme Court heard oral argument in Arizona v. Inter Tribal Council of Arizona. Must Congress expressly preempt state voter registration and eligibility procedures or may a court imply such preemption based on congressional adoption of federal procedures for voter registration for federal elections? The Ninth Circuit adopted a more aggressive preemption test for voting procedures, rejecting the usual presumption against preemption in the absence of a clear statement of congressional intent to preempt state law. It then applied that more aggressive test to strike down an Arizona requirement that persons seeking to register to vote show proof of citizenship. The federal registration form asks that registrants state, under penalty of perjury, that they are citizens (and will be over 18 at the time of the election), but does not require proof of citizenship beyond the sworn statement. The Supreme Court refused to grant a pre-election stay of the lower court decision striking down the law, but later granted certiorari, suggesting that it might be more interested in the new preemption test adopted by the Ninth Circuit than in the particular details of the law held to be preempted by that court. As with many cases granted from the Ninth Circuit, should we expect highly critical questioning regarding the Ninth Circuit’s legal reasoning, regardless of whether the specific law at issue is ultimately held to be preempted? Erik Jaffe, appellate attorney and Chairman of the Federalist Society’s Free Speech and Election Law Practice Group, provided post-argument commentary during a special Courthouse Steps edition of Teleforum.