2023–2024 Supreme Court Term Preview

Join Professors Vikram David Amar and Michael C. Dorf for a members-only webinar offering an overview of key cases for the upcoming Supreme Court term. The discussion will explore matters on the current docket such as 2nd Amendment issues in United States v. Rahimi, 1st Amendment issues in Lindke v. Freed, and fiscal and administrative issues in CFPB v. Community Financial Services and Loper Bright Enterprises v Raimondo. Civil liberties and taxation are also on the docket with SEC v. Jarkesy and Moore v. United States, respectively.

Topics covered include:

Supreme Court

Agenda:

Overview of the 2022-23 Supreme Court Term

What did the Supreme Court do last term? How will this term compare?

U.S. v. Rahimi

The Second Amendment and firearms possession for those subject to domestic violence restraining orders

Loper Bright Enterprises v. Raimondo

Chevron deference and a federal rule requiring commercial fishermen to fund monitoring programs

CFPB v. Community Financial Services

Whether the way in which the Consumer Financial Protection Bureau is funded violates the Appropriations Clause

SEC v. Jarkesy

The SEC's power to use administrative enforcement actions to enforce securities laws under the Seventh Amendment, the non-delegation doctrine, and the removal power

Corner Post, Inc. v. Board of Governors of the Federal Reserve

Whether a claim accrues when an agency issues a rule or when a party is injured by the rule for purposes of tolling the statute of limitations

The Intersection of Social Media and Free Speech

Lindke v. Freed
Moody v. NetChoice
NetChoice v. Paxton
O'Connor-Ratcliff v. Garnier

Moore v. United States

Whether or not the federal government can tax a person investing in a foreign company that does not issue them dividends

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: October 11, 2023 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Vikram Amar's career includes roles at UC Davis, UCLA, UC Berkeley, and UC Hastings, and he has clerked for Justice Harry Blackmun. Michael Dorf teaches at Cornell Law School and has authored numerous scholarly articles and books. The webinar will cover the Supreme Court's 2023-2024 term, focusing on significant cases.

05:09 Supreme Court Term Overview

The Supreme Court has made significant decisions in recent terms, including the Dobbs decision and changes to affirmative action policies. This term may not have as many high-profile social issues, but important cases regarding administrative agency power are expected. The court will address a pivotal Second Amendment case, United States v. Rahimi, which could redefine firearm possession restrictions. The term coincides with a presidential election cycle, potentially influencing the court's decisions. Cases related to election efforts, such as those involving former President Trump, may arise during this term.

09:53 Second Amendment Case: United States v. Rahimi

The United States v. Rahimi case questions the historical tradition of firearm prohibition under the Second Amendment. The Biden administration argues for disarming individuals posing safety threats. The Supreme Court's decision could affect the application of the originalist test for Second Amendment cases. This is a significant test case for the Second Amendment, focusing on whether dangerous individuals can own guns.

14:24 Administrative Law Cases and Chevron Deference

The Supreme Court may reconsider Chevron deference, which allows agencies to interpret statutes with reasonable discretion. Chevron deference has been favored by conservatives but is now under scrutiny by the court's conservative wing. The Loper Bright Enterprises v. Raimondo case questions the extent of agency power and could affect Chevron deference. The major questions doctrine suggests reluctance to uphold broad delegations of authority to executive agencies. The court may trim or eliminate Chevron deference, affecting how agencies interpret their own power.

26:00 Social Media and Free Speech Cases

The CFPB's funding method is challenged under the appropriations clause, questioning its constitutionality. The SEC's enforcement actions face scrutiny regarding jury trial rights and the non-delegation doctrine. The Fifth Circuit's decisions on agency powers may be overturned by the Supreme Court. Social media cases in Florida and Texas address content moderation and free speech rights of platforms. Justice Thomas has suggested social media platforms could be regulated as common carriers.

49:13 Taxation and Wealth Tax Case

The taxation case questions whether unrealized income from foreign investments can be taxed under the 16th Amendment. The case could set a precedent for the federal government's ability to impose a wealth tax. Historical interpretations of direct taxes, such as the Hilton case, may influence the court's decision. The case tests the originalist principles of the justices regarding taxation and constitutional history. The outcome could affect future tax policies and the scope of federal taxation powers.

58:50 Mifepristone Case

The Mifepristone case involves FDA approval and challenges related to standing and procedural timing. The case raises questions about the level of deference given to the FDA and potential preemption of state laws. Dormant Commerce Clause issues may arise if states attempt to restrict Mifepristone distribution. The case could reach the Supreme Court, where various legal doctrines will interact with abortion preferences.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: October 10, 2025

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: January 31, 2026

This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speakers

Vikram Amar Distinguished Professor of Law
UC Davis School of Law

Vikram Amar is a Distinguished Professor of Law at UC Davis, and was previously the dean and the Iwan Foundation Professor of Law at the University of Illinois, Urbana-Champaign College of Law from 2015-2023. Amar has also taught law at Berkeley School of Law, Hastings College of Law and UCLA School of Law. Amar is one of the most eminent and frequently cited authorities in constitutional law, federal courts, and civil procedure. He has written several books and more than 60 articles in leading law reviews. He is a co-author (along with Akhil Reed Amar) of the upcoming revised multi-volume Treatise on Constitutional Law (West Publishing Co.) pioneered by Ron Rotunda and John Nowak. Read More ›

Michael Dorf Professor of Law
Cornell Law School

Michael C. Dorf teaches constitutional law, federal courts, and related subjects at Cornell Law School. He has authored or co-authored six books and over one hundred scholarly articles and essays for law journals and peer-reviewed science and social science journals. He also writes a bi-weekly column for Verdict and publishes a popular blog, Dorf on Law: www.dorfonlaw.org. Dorf received his undergraduate and law degrees from Harvard. Read More ›

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