A Seat at the Sitting - December 2022

The December Docket in 90 minutes or less.

Event Video

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases that will be covered are included below.

  • Percoco v. United States (Nov. 28) - Criminal Law; whether a private citizen who can influence government decision-making owes a duty to the public, so that he can be convicted of bribery.
  • Ciminelli v. United States (Nov. 28) - Criminal Law; whether a defendant can be convicted under the federal wire-fraud statute based on a “right to control” theory.
  • United States v. Texas (Nov. 29) - Immigration; a challenge to the Biden administration’s policy of prioritizing certain groups of unauthorized immigrants for arrest and detention.
  • Wilkins v. United States (Nov. 30) - Property Rights, whether the 12-year statute of limitations to bring a lawsuit under the Quiet Title Act is jurisdictional and cannot be waived.
  • 303 Creative v. Elenis (Dec. 5) - Civil Rights; whether applying Colorado’s public-accommodation law to require an artist to speak or stay silent violates the Constitution’s free speech clause.
  • MOAC Mall Holdings LLC v. Transform Holdco LLC (Dec. 5) - Bankruptcy; whether a provision of federal bankruptcy law limits the power of the courts of appeals over an order approving the sale of a debtor’s assets.
  • Bartenwerfer v. Buckley (Dec. 6) - Bankruptcy; whether a bankruptcy debtor can be held liable for another person’s fraud.
  • Moore v. Harper (Dec. 7) - Election Law; whether a state supreme court’s order invalidating a state’s congressional map and ordering the state to draw a new one violates the Constitution’s elections clause.


  • Andrew Grossman, Partner, Baker & Hostetler LLP; Adjunct Scholar, The Cato Institute
  • Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity Network
  • Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University 
  • Moderator: Samuel D. Adkisson, Associate Attorney, Gibson Dunn



As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.