2024 Third Circuit Chapters Conference

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Description

The federal judiciary, including the United States Supreme Court, has never been immune to scrutiny and criticism from the media, legal community, and the general public. However, in recent years, the federal judiciary has been repeatedly subject to vitriolic attacks that have become increasingly personal as the political temperature in our nation has increased. Confirmation hearings have become public spectacles where judicial positions and prior experience are mischaracterized to score purely political points. The media has inaccurately described what is at issue in high-profile cases and taken to describing judges by the President who appointed them, suggesting that decisions are partisan. Politicians and special interest groups unfairly characterize apolitical legal decisions as political and often make ad hominem attacks or threats on judges with whom they disagree. Many federal judges have even been subject to harassment and threats of physical violence. As a result, judicial independence, which is especially prized in the federal judiciary, has been significantly undermined in the eyes of the public and is currently under fire.

If one accepts that notion that the separation of powers is critical to liberty, anything that undermines the independence of the judiciary (particularly physical threats against judges) is a highly concerning issue that should trouble the entire legal community. Panelists will review recent threats to judicial independence and the increasing politicization of attacks on the federal judiciary. They will also offer their own perspectives on how the judiciary is often misperceived by the public and address the consequences of such attacks on both the federal judiciary broadly and on individual judges who are subject to such criticisms. Finally, the panelists will discuss current efforts to address these threats to judicial independence and how we should respond going forward.

Featuring:

• Hon. Richard Sullivan, Judge, U.S. Court of Appeals, Second Circuit
• Hon. Cheryl Ann Krause, Judge, U.S. Court of Appeals, Third Circuit
• Hon. Esther Salas, Judge, U.S. District Court, District of New Jersey
• Moderator Craig Carpenito, Partner, King & Spalding

Speakers

Craig Carpenito

Cheryl Ann Krause

Esther Salas

Richard Sullivan

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Description

Making Constitutional Arguments: Supreme Court Advocacy at its Most Effective

With the Constitution as the bedrock of the rule of law in the United States, attorneys often rely upon constitutional arguments as they argue for and against important legal issues. Constitutional arguments are often not only relevant in the federal courts, both appellate and district courts, but also in state courts, and can be wielded as either a sword or a shield in dismantling or preserving important regulations, laws, and principles. But developing arguments around Constitutional principles and precedents can be an art rather than a science, and often requires close attention to specific Justices who may ultimately be the deciding votes in narrow decisions. The crafting of such arguments is relevant not only at the highest court but in all courts where constitutional issues matter. This panel consists of three nationally recognized and highly effective Supreme Court advocates, who will discuss their experiences arguing before the Supreme Court and also provide advice about how best to advocate for important constitutional principles in any court. In addition, the panel will provide their perspective on the current Supreme Court, including their perspective on the issues that the current Court seems to be most interested in and their thoughts on the most significant decisions from the Supreme Court’s current term. Finally, the panel will provide their perspective on cases that practitioners should pay close attention to in the upcoming term.

Feauturing:

• Roman Martinez, Partner, Latham & Watkins LLP
• Erin Murphy, Partner, Clement & Murphy PLLC
• Scott Keller, Partner, Lehotsky Keller LLC
• Hon. Michael Chagares, Chief Judge, U.S. Court of Appeals, Third Circuit

Speakers

Michael Chagares

Scott Allen Keller

Roman Martinez

Erin E. Murphy

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https://fedsoc.org/conferences/2024-third-circuit-chapters-conference#panel-ii-founders-or-founders-legacy-focused-on-originalism
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Description

Are we all originalists now? Should constitutionalists be originalists, paying attention to the history of the document and its text and structure? Is originalism the best approach to Constitutional interpretation by paying attention to its words, the original meaning and context of those words and the amendments, and the overarching structure that unites the document? Would applying originalism faithfully lead to consistent conclusions about the meanings of the Constitutional provisions regardless of the political views or party of the originalist, and regardless of changes in the world subsequent to the drafting of those provisions? Panelists will discuss originalism and offer their own perspectives on its utility and importance and proper application to various provisions of the Constitution. They may also describe and defend various positions on contested points of originalist methodology.

Featuring:

• Prof. Akhil R. Amar, Sterling Professor of Law, Yale Law School
• Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
• Jeffrey Rosen, President & CEO, National Constitution Center
• Moderator Hon. David J. Porter, United States Court of Appeals, Third Circuit

Speakers

Akhil Reed Amar

John O. McGinnis

David James Porter

Jeffrey Rosen

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https://fedsoc.org/conferences/2024-third-circuit-chapters-conference#panel-iii-dei-in-the-workplace-and-on-campus-post-sffa-3-30-4-45-p-m
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Description

In SFFA, the Supreme Court held that the admissions programs of Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment. The Court’s ruling elevated a colorblind reading of the Fourteenth Amendment on college campuses, and admissions policies have needed to adapt this past year. However, many questions remain about the reach of so-called diversity, equity, and inclusion (DEI) initiatives beyond college campuses and what future litigation may result. For example, will competitive K-12 schools adjust their admissions policies? What does the Supreme Court’s denial of cert in Coalition for TJ v. Fairfax County School Board mean for potential college admissions policies that may be redesigned to avoid traps set by the SFFA decision? What “race-neutral alternatives” might be proposed? Furthermore, how has this decision, if at all, affected “diversity” programs in the workplace? This panel will provide a comprehensive review of SFFA and explore its consequences on campus, in workplaces, and beyond.

Feauring:

• Jonathan Berry, Managing Partner, Boyden Gray PLLC
• Todd Clark, Dean, Delaware Law School
• andré douglas pond cummings, Dean, Widener University Commonwealth Law School
• Hon. Janet Dhillon, Former Chair, U.S. Equal Employment Opportunity Commission
• David Lat, Founder, Original Jurisdiction
• Moderator Hon. Joshua D. Wolson, United States District Court, Eastern District of Pennsylvania

Speakers

Jonathan Berry

Todd Clark

andré douglas pond cummings

David Lat

Joshua D. Wolson

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