FedSoc Forums
by The Federalist Society
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The Future of Birthright Citizenship: What’s Next After Trump v…
The Future of Birthright Citizenship: What’s Next After Trump v…
About this podcast
*This series was formerly known as Teleforums.
FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as:
• Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decision
• A Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sitting
• Litigation Update: A series that provides the latest updates in important ongoing cases from all levels of government
The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Episodes
The newest 50 of 1,000 episodes
- The Future of Birthright Citizenship: What’s Next After Trump v. Barbara (Part Two) · 58 minOn June 30, the Supreme Court held in Trump v. Barbara that nearly all children born on U.S. soil are citizens at birth. But questions remain about the decision’s reasoning and…
- The First Amendment and White House Press Access · 48 minOn September 18, President Trump announced that he was "banning" CNN, MS NOW, and Politico from the White House, citing what he characterized as false reporting by the outlets…
- 25 of 250 - The Echoes of 9/11 in Law, Policy, and Security Today · 1 h 0 minAs America celebrates its 250th birthday, it also remembers the 25th anniversary of the September 11, 2001 terrorist attacks. The attacks were an inflection point in U.S. history…
- Did the Constitution Lay the Groundwork for Abolition? · 56 minAs the nation marked the 250th anniversary of the Declaration of Independence, renewed attention has turned to what our Constitution, ratified just over a decade later, said…
- Did the Constitution Lay the Groundwork for Abolition? · 56 minAs the nation marked the 250th anniversary of the Declaration of Independence, renewed attention has turned to what our Constitution, ratified just over a decade later, said…
- Corporate Speech in the Crosshairs: New Frontiers in First Amendment Law · 1 h 4 minFor decades, the First Amendment has protected the rights of individuals, associations, and businesses to participate in public debate on matters of public concern. Yet a growing…
- Service Members & the First Amendment · 59 minRecent litigation has resurfaced longstanding debates over the scope of First Amendment protections for members of the armed forces. While service members retain constitutional…
- Service Members & the First Amendment · 59 minRecent litigation has resurfaced longstanding debates over the scope of First Amendment protections for members of the armed forces. While service members retain constitutional…
- The Future of Birthright Citizenship: What’s Next After Trump v. Barbara (Part One) · 54 minOn June 30, the Supreme Court held in Trump v. Barbara that nearly all children born on U.S. soil are citizens at birth. But questions remain about the decision’s reasoning and…
- Remembering Gordon Wood: The Revolution, the Constitution, and the Work of History · 55 minGordon S. Wood, who passed away in June, was one of the nation’s most influential historians of the American Revolution and the early Republic. For more than half a century, his…
- Off the Record? The Constitutionality of the Presidential Records Act · 60 minFor nearly fifty years, the Presidential Records Act has governed the preservation, ownership, and eventual disclosure of presidential records. But in April, the Department of…
- Revisiting Philadelphia National Bank: The Structural Presumption and the Future of Merger Review · 58 minThe 1963 Supreme Court case United States v. Philadelphia National Bank established a "structural presumption": if a merger creates a single entity controlling 30% or more of a…
- Downstream Effects of Louisiana v. Callais: Race, Redistricting, and Representation · 57 minIn Louisiana v. Callais, a divided Supreme Court narrowed the circumstances in which states may use race as a factor in drawing election districts. The Court, in an opinion…
- Large Libel Models? When Do AI Hallucinations Become Defamation? · 58 minWhen an AI system fabricates damaging claims about a real person, is the AI company liable for defamation? Just last week, in Keene v. Google, a federal court confronted this…
- Large Libel Models? When Do AI Hallucinations Become Defamation? · 58 minWhen an AI system fabricates damaging claims about a real person, is the AI company liable for defamation? Just last week, in Keene v. Google, a federal court confronted this…
- California v. EPA: Using the Congressional Review Act to Roll Back State Waivers · 1 h 1 minIn September 2026, the U.S. District Court for the District of Columbia preliminarily enjoined the EPA from sending four Clean Air Act waivers to Congress for potential repeal…
- 2026 Mike Lewis Memorial Forum: Would a Lower Threshold for the Use of Force Under International Law Make the World Safer? · 1 h 0 minThe annual Mike Lewis Memorial Forum honors the life and legacy of Mike Lewis, a former naval aviator and leading scholar of international law. Mike wrote and spoke extensively…
- Bias, DEI, and CLE: Navigating the Constitutional Limits of Mandatory Training · 58 minJurisdictions increasingly require attorneys to complete CLE credits addressing bias, diversity, and inclusion in the legal profession. These requirements are often justified as…
- Civil Rights in the Second Trump Administration: A Whole-of-Government Shift · 50 minShortly after retaking office, President Trump signed executive orders reorienting the federal government’s approach to civil rights. Those orders directed agencies to identify…
- Lessons From John Adams: Defending Unpopular Clients from the Founding Era to the Present · 53 minIn this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to…
- Academic Freedom and the First Amendment: Who Decides What Is Taught? · 1 h 0 minIn 2022, Florida enacted the Stop WOKE (Wrongs to Our Kids and Employees) Act, prohibiting indoctrination of race and gender ideology in a variety of educational and employment…
- Parental Rights and Public Schools: A Loudoun County Case Study · 59 minPublic schools across the country are increasingly the site of debates over the role of parents in their children’s education. The public school system in Loudoun County…
- The Faster Labor Contracts Act: What’s at Stake for Collective Bargaining? · 1 h 0 minThis summer, the U.S. House of Representatives passed the Faster Labor Contracts Act, a bill that would transform how unions and employers negotiate their first agreements. It…
- Comfort Care or Hastened Death? Assisted Suicide and the Medicare Hospice Benefit · 1 h 1 minAssisted suicide is a contested issue in American law and medicine, raising questions over individual autonomy, patient rights, medical ethics, and government interests in…
- From Pork Producers to Suncor: Extraterritoriality and Our Constitutional Structure · 55 minHow far can states go in regulating conduct that has effects outside their borders?At the Founding, the states entered a constitutional union in part because the Articles of…
- Adjudication versus Rulemaking: A Look at How NLRB Sets Labor Policy · 54 minThe National Labor Relations Board is responsible for developing national labor policy, but it has historically accomplished its mission through case-by-case decision making…
- Beyond Bruen: Exploring the Supreme Court's Second Amendment Jurisprudence Past, Present and Future · 53 minThe Supreme Court's Second Amendment jurisprudence continues to evolve. This past Term, the Court issued significant decisions in Wolford v. Lopez and United States v. Hemani…
- Pardon Me: When Congressional Witnesses Plead the Fifth · 52 minCongressional committees frequently use their subpoena power to compel witnesses to appear before them and testify. But appearing before Congress does not necessarily mean…
- Euclid at 100: The Past, Present, and Future of Zoning in America · 59 minThis year marks the 100th anniversary of the Supreme Court's decision in Village of Euclid v. Ambler Realty Co., the landmark decision that paved the way for ubiquitous zoning…
- What Was the Founders' Design for National Security Beyond the Battlefield? · 54 minIn this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to…
- A New Frontier in Climate Litigation: District of Columbia v. ExxonMobil · 51 minCan states and local governments use consumer protection laws to regulate national climate policy? District of Columbia v. ExxonMobil is one of a growing number of climate…
- The CLARITY Act and Fed Master Accounts: Defining Crypto's Place in the U.S. Financial System · 55 minJoin us for a timely discussion on two developments shaping the future of digital assets in the United States. We will examine the CLARITY Act and its effort to establish clear…
- Criminal Law & Procedure at the Supreme Court—A Recap of OT25 · 59 minThis term, several important questions of criminal law and procedure reached the Supreme Court, ranging from digital privacy and criminal venue to appeal waivers and capital…
- Lindsey Graham and the Judiciary: A Senate Legacy · 54 minHon. Lindsey Graham (1955-2026) For more than two decades, Senator Lindsey Graham was a consequential voice on the United States Senate Committee on the Judiciary. He played a…
- Trial by Jury or Administrative Adjudication: What Would the Founders Say? · 1 h 0 minIn this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to…
- What Would the Founders Think of the War in Iran? · 54 minIn this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to…
- Government Speech and the First Amendment: Does the Government’s Own Expression Have Limits? · 1 h 0 minThe government-speech doctrine generally permits the government to select and promote its own messages without being subject to First Amendment scrutiny. But does that principle…
- Parental Rights from the Founding to Present Day · 59 minCLE credit for this event is available at On-Demand CLE. Parental rights have long occupied an important place in American law and political thought. While the Supreme Court…
- Friendly Fire: Cy Pres, Consent Decrees, and Trump v. IRS · 1 h 1 minControversy has swirled for years over litigation in which a plaintiff sues a friendly government defendant, and the case concludes with a favorable settlement. Critics argue…
- Litigation Update: Minnesota Telecom Alliance v. FCC · 54 minThe U.S. Court of Appeals for the Eighth Circuit recently vacated the Federal Communications Commission’s 2023 Digital Discrimination Order, finding the commission exceeded its…
- Exploring the Landscape of Military Law and Best Practices for JAGs · 1 h 1 minMilitary law encompasses a wide range of legal disciplines, including criminal law, national security, government contracts, administrative and regulatory law, and more. Join an…
- Accreditation of Higher Education: A Primer · 1 h 0 minUnlike most nations, the United States eschews centralized control over its system of higher education in favor of a more decentralized “regulatory triad” of accreditation…
- From the Courthouse Steps: National Republican Senatorial Committee v. Federal Election Commission · 32 minIn National Republican Senatorial Committee v. Federal Election Commission, the Supreme Court held 6-3 that the Federal Election Campaign Act’s limits on political parties’…
- The National Popular Vote Compact: An End Run Around the Electoral College? · 47 minThis spring, Virginia joined eighteen other states and DC in the National Popular Vote Interstate Compact, an agreement among participating jurisdictions to award their…
- From the Courthouse Steps: Trump v. Slaughter and Trump v. Cook · 43 minIn Trump v. Slaughter, the Supreme Court held 6-3 that the Federal Trade Commission's (FTC) statutory for-cause removal protection violates the separation of powers, overruling…
- Litigation Finance: Access to Justice, Lawfare, and Foreign Influence · 55 minThird-party litigation funding has grown into a major part of modern civil litigation. Supporters argue it expands access to justice and helps under-resourced plaintiffs…
- From the Courthouse Steps: Little v. Hecox and West Virginia v. B.P.J. · 32 minIn the consolidated cases Little v. Hecox and West Virginia v. B.P.J., the Supreme Court held that neither Title IX nor the Equal Protection Clause of the Fourteenth Amendment…
- From the Courthouse Steps: Trump v. Barbara · 46 minIn Trump v. Barbara, the U.S. Supreme Court held that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship to children born in the United States, even…
- From the Courthouse Steps: Wolford v. Lopez · 32 minIn Wolford v. Lopez, the Supreme Court held that Hawaii’s law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public…
- From the Courthouse Steps: Watson v. Republican National Committee · 30 minIn Watson v. Republican National Committee, the Supreme Court held 5-4 that federal election-day statutes do not prevent Mississippi from counting absentee ballots that are…
