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.
Judicial appointments promise to be a key issue in this fall's presidential and Senate elections. Our panel of legal experts will examine the likely impact of a Trump or Biden victory, as well as control of the Senate, on the Supreme Court and lower federal courts. They will look at hsow the judges isue will impact the election. They'll discuss what President Trump's record of judicial appointments tells us about a second term. Similarly, what do Joe Biden's and Kamala Harris's records tell us about the kind of judicial nominees we'd see in a Biden Administration? And will Democrats attempt to pack the Supreme Court if they control Congress and the presidency?
On Tuesday, the Ninth Circuit reversed the Federal Trade Commission's win in the agency's case accusing Qualcomm of violating antitrust law through its licensing practices for standard-essential patents covering cellular technology. Our speakers will weigh in on this ruling and explore the history, arguments, and implications for the current debate over antitrust enforcement and the competitive process in high-tech markets.
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.