The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036
Twelfth Annual Executive Branch Review Conference — EBRXII
Theme: The Constitution and Regulatory Overreach
Tuesday, April 16, 2024
The Mayflower Hotel
1127 Connecticut Avenue, NW, Washington, DC
Online registration is now closed.
Onsite registration will be available.
Lunch Address featuring Speaker Mike Johnson
Speaker Mike Johnson
56th Speaker of the U.S. House of Representatives
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Opening Address featuring the Honorable Paul J. Ray
Hon. Paul J. Ray
Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation
Schedule:
Welcome: Opening Address & Plenary Session
9:00 a.m. – 10:30 a.m.
Breakout Panels
10:40 a.m. – 12:00 p.m.
Lunch Address with Speaker Mike Johnson
12:00 p.m. – 12:15 p.m.
Lunch
12:15 p.m. – 12:45 p.m.
Luncheon Panel
12:45 p.m. – 2:30 p.m.
Breakout Panels
2:45 p.m. – 4:30 p.m.
Closing Reception
4:30 p.m. – 6:00 p.m.
Panels:
- Is the Whole of Government Greater Than the Sum of its Parts?
- Environmental Law and the Constitution: Exceeding the Limits?
- Law and Order on the Border?
- Is Humphrey’s Executor still relevant?
- Testing the Tension: How Do Nondiscrimination Regulations Interact with Religious Freedom?
- U.S. Financial Regulation: Principles, Opportunities, and Challenges
Speakers:
- Hon. Paul Atkins
- Ms. Julie Blake
- Mr. Braden Boucek
- Hon. Mark Brnovich
- Mr. Anthony Campau
- Dr. Sohan Dasgupta
- Mr. Jeffrey Dinwoodie
- Mr. Eric Grant
- Prof. Gail Heriot
- Hon. Robert Jackson
- Mr. Matthew Kuhn
- Prof. Martin S. Lederman
- Prof. Jennifer Mascott
- Hon. Timothy Massad
- Mr. Michael McGinley
- Prof. Andrew Mergen
- Mr. David S. Mitchell
- Ms. Andrea Picotti-Bayer
- Prof. Jed Shugerman
- Mr. Brett Shumate
- Hon. Jonathan Skrmetti
- Ms. Elizabeth Slattery
- Ms. Corinne Snow
- Prof. Ilya Somin
- Hon. Jill Sommers
- Hon. Stephen Vaden
- Hon. Beth A. Williams
And More to Come!
Cost:
- Conference (with no CLE) - $50 ($25 for Members)
- Conference with CLE - $100 ($50 for Members)
9:00 a.m. - 10:30 a.m.
Welcome: Opening Address & Is the Whole of Government Greater Than the Sum of its Parts?
EBRXII
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
Event Video
Description
During its first hours, the Biden Administration promised a Whole of Government approach to implementing its policies. Ever since, the administration has delivered, with every federal agency using all the tools at their disposal. Through “Interpretations,” “Dear Colleague” letters, guidance documents, employee manuals, litigation, notices of proposed rulemaking, controversial new criteria for cost/benefit analyses, and more, agencies are implementing the administration’s goals regarding “climate change,” “equity,” and other of its priorities. This panel will discuss the many methods the current administration is using to achieve its policy objectives and, where relevant, how they are faring against challenges to their legitimacy.
Featuring:
- Braden H. Boucek, Vice President of Litigation, Southeastern Legal Foundation
- Anthony Campau, Principal, Clark Hill Public Strategies
- Hon. Gail Heriot, Professor of Law, University of San Diego School of Law
- David S. Mitchell, Senior Fellow, Washington Center for Equitable Growth
- Moderator: Hon. Jonathan Skrmetti, Attorney General of Tennessee
Speakers
10:40 a.m. - 12:00 p.m.
Breakout Panel 1 - Testing the Tension: How Do Nondiscrimination Regulations Interact with Religious Freedom?
EBRXII
Palm Court Room
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
Event Video
Description
This session will discuss the Biden administration’s efforts to expand sex nondiscrimination protections to cover sexual orientation and gender identity rights through agency regulations. Discussion will center around three major proposed (or soon-to-be final) regulations involving education, healthcare, and employment: the Department of Education’s Title IX rule, the Department of Health and Human Services’ Section 1557 rule, and the Equal Employment Opportunity Commission’s harassment guidance. Pro-LGBT groups praised these proposals while many religious organizations and people of faith raised concerns. Do the agencies’ regulations correctly balance SOGI rights with religious freedom and conscience rights? Did the agencies overreach by expanding sex nondiscrimination protections? Can the First Amendment, the Religious Freedom Restoration Act, or other federal laws protecting religious freedom and conscience rights trump the administration’s nondiscrimination regulations? This panel will tackle these important questions.
Featuring:
- Julie Blake, Senior Counsel, Alliance Defending Freedom
- Prof. Martin Lederman, Professor of Practice, Georgetown Law
- Andrea Picciotti-Bayer, Director, The Conscience Project
- Moderator: Ms. Elizabeth Slattery, Director of Constitutional Scholarship, Pacific Legal Foundation
Speakers
10:40 a.m. - 12:00 p.m.
Breakout Panel 2 - Law and Order on the Border?
EBRXII
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
Event Video
Description
In 2023, U.S. Customs and Border Protection recorded more than 3.2 million encounters with illegal immigrants entering the country; 169 of those apprehended while attempting to enter the country illegally were on the terrorist watchlist. Estimates of the number of people who cross illegally and are not apprehended continue to rise and in December 2023, there were 302,000 CBP encounters along the southern border, the highest monthly total ever recorded. In the last year alone, CBP seized 27,293 pounds of fentanyl along the southern border but it is estimated that this is only 5-10 percent of the total that crossed the border.
Texas recently passed SB. 4 a law that allows state and local authorities to apprehend anyone whom they believe is in the country illegally. The federal government administration has challenged the law’s constitutionality in court arguing that Texas is interfering with the federal government’s exclusive authority to regulate the entry and removal of noncitizens.
How is the federal government addressing immigration and pursuing enforcement policies? Is the Administration issuing regulations and executive orders that comport with the law? What role should states and their law enforcement authorities play? This panel will discuss these and other important related issues.
Featuring:
- Hon. Mark Brnovich, Former Attorney General, State of Arizona
- Dr. Sohan Dasgupta, Partner, Taft Stettinius & Hollister LLP
- Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University
- Moderator: Hon. Beth A. Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board
Speakers
12:00 p.m. - 12:15 p.m.
Lunch Address with Speaker Mike Johnson
EBRXII
State Room
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
12:15 p.m. - 12:45 p.m.
Lunch
EBRXII
State Room
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
12:45 p.m. - 2:30 p.m.
Luncheon Panel - U.S. Financial Regulation: Principles, Opportunities, and Challenges
EBRXII
State Room
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
Event Video
Description
This panel will bring together four former senior policymakers from the SEC or CFTC to discuss the current state of U.S. financial regulation. They will cover foundational concepts such as: the importance of evidence and data-based regulation; the need for regulators to recognize and appropriately adapt to changes in technology and markets; and effective enforcement. These former officials will also offer views on regulatory opportunities to further strengthen and increase the competitiveness of financial markets—while maintaining investor protections. The discussion will also cover several of the “hot button” policy topics of the day, such as disclosure rules for companies and crypto regulation.
Featuring:
- Hon. Paul S. Atkins, Chief Executive Officer, Patomak Global Partners LLC
- Hon. Robert J. Jackson, Jr., Professor of Law, New York University School of Law
- Hon. Timothy G. Massad, Research Fellow, Harvard Kennedy School
- Hon. Jill Sommers, Chair of the Derivatives Practice Group, Patomak Global Partners LLC
- Moderator: Jeffrey T. Dinwoodie, Partner, Cravath, Swaine & Moore LLP
Speakers
2:45 p.m. - 4:30 p.m.
Breakout Panel 4 - Is Humphrey’s Executor Still Relevant?
ERBXII
East Room
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
Event Video
Description
Earlier this year Judge Jones and Judge Willett released dueling opinions on the applicability of Humphrey’s Executor to the Consumer Product Safety Commission post-Seila Law. Parties have also asked courts to determine whether Humphrey’s Executor even still applies to the FTC given the dramatic expansion of that agency’s powers since the 1930’s. This panel will explore the ongoing applicability of Humphrey's Executor to modern day independent agencies, the proper constitutional role of independent agencies, and the future of independent agencies if the Supreme Court revisits Humphrey's Executor.
Speakers:
- Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University
- Michael McGinley, Partner, Dechert LLP
- Prof. Jed Shugerman, Professor, Boston University School of Law
- Brett Shumate, Partner, Jones Day
- Moderator: Hon. Stephen Vaden, United States Court of International Trade
Speakers
2:45 p.m. - 4:30 p.m.
Breakout Panel 5 - Environmental Law and the Constitution: Exceeding the Limits
ERBXII
Palm Court Room
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
Event Video
Description
In his Sackett v. EPA concurrence, Justice Thomas suggested that "many environmental regulatory schemes” appear to "push the limits" of the Supreme Court's constitutional jurisprudence. The Clean Water Act and Endangered Species Act regulate land use without a clear connection to interstate commerce. States complain that federal environmental regulation unnecessarily intrudes upon state sovereignty and privileges some environmental states over others. And environmental regulatory enforcement raises some of the same constitutional and due process concerns that have been raised about SEC and FTC enforcement. Does this mean that federal environmental law, as currently implemented and enforced, is unconstitutional?
Featuring:
- Eric Grant, Partner, Hicks Thomas LLP
- Matthew Kuhn, Solicitor General of Kentucky
- Prof. Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law
- Moderator: Corrine Snow, Counsel, Vinson & Elkins
Speakers
4:30 p.m. - 6:00 p.m.
Closing Reception
EBRXII
State Room
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036