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2019 Annual Western Chapters Conference

January 26, 2019

Panel One: Debate on Nationwide Injunctions
9:00 AM - 10:30 AM 

What is the proper role of state attorneys general and the courts in litigation in seeking to nullify federal law? Panelists will discuss the difference in approach between Texas during the Obama administration and other state's efforts during the Trump administration with a particular emphasis on the role of state AGs and the role of the courts in issuing nationwide injunctions. Are nationwide injunctions "legally and historically dubious," as Justice Thomas has described them?

  • Scott Keller, Baker Botts & Former Solicitor General, Texas
  • Prof. Michael Morley, Assistant Professor, Florida State University College of Law
  • Hon. McGregor Scott, U.S. Attorney, Eastern District of California
  • Jordan Smith, Former Deputy Solicitor General of Nevada
  • Hon. Allison Eid, U.S. Court of Appeals, 10th Circuit (Moderator)

Panel Two: What are the Limits of Local Control?
10:45 AM - 12:15 PM

When is it appropriate for states and cities to contradict or ignore federal law? Do states really possess "plenary power"? What are the limits of local police powers? With the rise of state marijuana legalization and "sanctuary cities," are we facing a nullification crisis, or are the local governments properly shielding people from Washington's overreach? Does the federal government have a role in protecting city residents when a city violates their federal constitutional rights? This panel will explore the balance of power among federal, state, and local governments, with an emphasis on key state and federal court cases. 

  • Prof. John Eastman, Henry Salvatori Professor of Law & Community Service, Fowler School of Law, Chapman University & Senior Fellow at the Claremont Institute
  • Prof. Pratheepan Gulasekaram, Santa Clara University School of Law
  • Prof. John Yoo, Emanuel Heller Professor of Law and Director, California Constitution Center, Berkeley Law, University of California 
  • Hon. Carlos T. Bea, U.S. Court of Appeals, Ninth Circuit (Moderator)

12:15 PM - 2:15 PM

  • Don McGahn, Former White House Counsel

Panel Three: Post-Janus Labor & Employment Law Issues in the State and Future of Unions
2:15 PM - 3:30 PM

How will the Janus decision affect the ability of unions to wield political power and what impact will the potential loss of some union power have on local and state policies? Will local and state governments look to pass more minimum wage and other worker regulations to compensate for the decreased power of unions? Will more voter referenda (like one recently passed in Missouri) to override right-to-work laws be used as a tactic to roll back other reforms? 

  • Steven Greenhut, Western Region Director, State Affairs, R Street Institute
  • William Messenger, Staff Attorney, National Right to Work Legal Defense and Education Foundation, Inc.
  • Hon. Chuck Reed, Hopkins & Carley and former Mayor, San Jose, 2007-14
  • Hon. Ryan Nelson, U.S. Court of Appeals, 9th Circuit (Moderator)

Reagan Library Tour (Optional)
3:30 PM - 4:30 PM

Closing Reception
4:30 PM - 5:30 PM


4.25 Hours of CA CLE Credit Available.

Cost to Attend: 

  • $50 - Members, Judges, and Government Employees (With Login)
  • $80 - Non-Members 
  • $10 - Students (With Login)

Views and opinions expressed by The Federalist Society are not necessarily shared by the Ronald Reagan Presidential Library and Foundation.

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