The Senate Judiciary Committee just approved Judge Barrett's nomination to the Supreme Court and a confirmation vote on the Senate floor is expected next week. So it's a great time to look back on how this confirmation process is going, how it compares to previous Supreme Court nomination fights, and what we can expect to happen on the Senate floor. Our panel of legal experts will also discuss Democrats' court packing threats and the implications of this confirmation battle for the presidential and Senate elections.
On October 7, 2020, the Federalist Society's Pennsylvania Student Chapter and the Regulatory Transparency Project co-sponsored an event on "Antitrust Populism and the Conservative Movement." During the 1986 Supreme Court confirmation hearings for then-Judge Antonin Scalia, he was asked about his views on antitrust. “In law school, I never understood [antitrust law],” Scalia explained, “I later found out, in reading the writings of those who now do understand it, that I should not have understood it because it did not make any sense then.” Some contend that the much-needed coherency in antitrust law was brought about by the Chicago School revolution and the adoption of the consumer welfare standard.
Following the death of Justice Ruth Bader Ginsburg, the Constitution charges President Donald Trump with the responsibility of nominating her successor, and the Senate with giving their advice and consent. If Republicans are successful at appointing a reliably conservative nominee to fill the vacancy left by Justice Ginsburg, it will be the first solid conservative majority on the court since the 1930s. The stakes are particularly high, the political climate is at its worst, and there are a lot of lingering questions. And unlike Trump, Biden has refused to produce a list of potential nominees. So what kind of judicial nominees will we see in a Biden Administration? And will Democrats attempt to pack the Supreme Court if they control Congres...
As businesses and schools open after months of state-imposed lockdowns, the COVID-19 relief bill in Congress contains a proposal to provide a liability shield to institutions who follow federal guidelines but still find themselves the target of lawsuits. Meanwhile, state legislatures are considering separate proposals. Our panel of experts discuss the post-COVID-19 litigation landscape, the feasibility of liability shields, and what they could mean for businesses, entrepreneurs, school administrators, and consumers who are easing back into life as the nation recovers from the economic slow-down.
The Trump Resistance claims the President is guilty of many crimes, regularly abuses his power, and is a threat to democracy. To bolster their case and support their resistance, the President's critics have invented a new body of "Trump Law," rewriting legal norms, standards and definitions across the legal landscape – spanning impeachment, obstruction of justice, "collusion," executive privilege, management of the executive branch, national injunctions, foreign relations, and more. The Committee for Justice and National Review Institute co-host a panel of legal experts to analyze the many areas of law affected by this effort, discuss the threat it poses to the rule of law, and speculate on the long-term impact.
America’s technology companies have created huge gains for consumers, developing networks and products that connect the world in ways that were inconceivable just 20 years ago. Yet this progress has not been without its critics. The dominance of large platforms has led to concerns about the harmful effects of lock-in and path dependency, with many arguing the technology sector is unique and requires new approaches to antitrust policy. In particular, it is argued that the consumer welfare standard that guides American antitrust policy is ineffective for regulating Big Tech. Yet with the lack of demonstrable consumer harm, would increased government interventions improve the market?
Please join the Committee for Justice and Innovation Defense Foundation for a discussion of this important issue in advance of the House Judiciary Committee's hearing, "Online Platforms and Market Power, Part 6: Examining the Dominance of Amazon, Apple, Facebook, and Google," with industry CEOs.
In Seila Law v. Consumer Financial Protection Bureau, the Supreme Court struck down the CFPB’s leadership structure under a single director that the President cannot remove except for inefficiency, neglect, or malfeasance. But the justices stopped there, leaving the bureau in place, and declined to revisit Humphrey’s Executor more broadly. Nonetheless, the Court’s decision was a victory for separation of powers principles. Our panel of legal and regulatory experts will discuss the implications of the opinion for independent agencies and removal power, as well as what the decision means for consumers.
The death of George Floyd and the nation's reaction to it have raised a variety of interesting legal issues, including police reform, racial profiling, qualified immunity, censorship, criminal charges against policemen, and the scope of the president's power to use troops to quell civil unrest. Our panel of legal experts will analyze the legal issues involved and how they are likely to play out in the months ahead, while also discussing the broader implications for the law and our society.