On Monday, the Supreme Court released its decision in United States Agency for International Development v. Alliance for Open Society International. By a vote of 5-3, the judgment of the U.S. Court of Appeals for the Second Circuit is reversed. The justices held that the enforcement of a law requiring foreign affiliates of domestic groups receiving funds to fight HIV/AIDS to have a policy opposing prostitution and sex trafficking does not violate the First Amendment. Justice Kavanaugh’s majority opinion was joined by the Chief Justice and Justices Thomas, Alito, and Gorsuch. Justice Thomas also filed a concurring opinion. Justice Breyer dissented, joined by Justices Ginsburg and Sotomayor. Justice Kagan took no part in the consideration or decision of the case. Our speakers will discuss the decision and its implications.

Featuring:
— Casey Mattox, Senior Fellow, Free Speech and Toleration, Charles Koch Institute
— Krystal B. Swendsboe, Associate, Wiley Rein LLP

John Malcolm and John Yoo continue their Teleforum series, joining us to discuss recent events including updates on the Michael Flynn case, the Supreme Court decision on DACA, recent unrest and free speech issues, and more.

Featuring:
— John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation
— Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley School of Law

Nigel Farage has been campaigning for Britain’s withdrawal from the European Union since 1999, when he founded the UK Independence Party, which got more votes in the 2014 European elections than either the Labour or Conservative Parties. Farage then played a leading role as advocate for the “leave” side in the 2016 UK referendum on EU membership. He followed up by organizing a new Brexit Party to keep up pressure for full withdrawal in subsequent UK elections. Farage has been a frequent commentator on FOX NEWS and hosts his own program on British radio station LBC. In this Teleforum, Mr. Farage will address current developments in Britain and the EU but also talk about nationalist and populist trends in the U.S. and other countries.

Featuring:
— Nigel Farage, Former Member of the European Parliament, South East England Constituency
— Moderator: Prof. Jeremy A. Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University

Three cases before the Supreme Court consider the ability of grand juries and congressional committees to subpoena the personal tax records of the President. In Trump v. Mazars USA and Trump v. Deutsche Bank, three House committees subpoenaed the President’s tax records. In Trump v. Vance, a local grand jury has subpoenaed these tax documents as well. There are several issues at play in determining if these subpoenas are valid.

Starting with the Congressional subpoenas, the President claims that these subpoenas are for information protected under the Right to Financial Privacy Act, which prohibits disclosure of a customer’s financial records to “any Government authority” without certain procedures the committees concede they did not follow; but the committees claim that they are not a “Government authority” under the meaning of the Act. Secondly, the President claims the Internal Revenue Code, which allows disclosure but only with procedural requirements the committees admit that they have not done. But the committees claim this requirement only applies if the bank acquired the tax documents from the IRS. Third, the President claims there is no legitimate legislative purpose to the subpoena which is required for such a legislative subpoena. The committees note that although that requirement exists, the scope of what is within a proper legislative purpose is very broad and met in this case.

Paul Atkins, Patomak Global Partners CEO, and banking consultant Bert Ely will discuss the numerous programs Congress, in response to the COVID-19 pandemic, has directed the Federal Reserve to implement to provide financial support to America’s financial institutions, state and local governments, and the broader economy. Much of this support will consist of the Fed purchasing bonds and other debt instruments, which could balloon the Fed’s balance to a record size. Some of these support programs were undertaken after the 2008 financial crisis; others have never been tried before. Paul and Bert will also offer their views as to how these programs might play out, and their potential longer term impacts on the U.S. financial system and the broader economy – all of which is taking place in an election year. The latter portion of this one-hour teleforum will be open for comments and questions from participants.

Featuring:
— Paul Atkins, CEO, Patomak Global Partners
— Bert Ely, Principal, Ely & Company Inc.

First appearing in a 1949 dissent authored by Justice Robert H. Jackson, the phrase “the Constitution is not a suicide pact” is being cited today by critics of perceived government overreach. Local, state, and federal authorities have directed citizens to self-isolate to prevent the spread of COVID-19, causing the biggest economic shutdown in modern history. Part of the effort to “flatten the curve,” these initially voluntary quarantines are quickly becoming legal mandates in certain states (and nations across the world). In California and New York, people violating stay-home orders for non-essential activities have been ticketed and cited with misdemeanors. Is there a point at which these restrictions on travel and assembly violate the rights inherent in America’s constitutional order? Many legal scholars agree the chief executive has quasi-wartime powers during national pandemics, but is there a limiting principle or expiration date? Join Professors Richard Epstein and Anthony Kreis as they discuss the viral menace and civil liberties in this Teleforum.

Featuring:
— Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
— Prof. Anthony Kreis, Visiting Assistant Professor of Law, Chicago-Kent College of Law, Illinois Institute of Technology