Advisory Opinions Hubris in Legal Movements
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Jun 24, 2025 Legal experts dive into the significance of recent Supreme Court decisions, critiquing their impact on civil liberties and free expression. The conversation shifts to the ongoing TikTok ban debate and the role of selective law enforcement. Gender dysphoria takes center stage with discussions on healthcare access for minors and contrasting definitions in the legal context. A notable Ninth Circuit case on gender identity at a spa raises questions around anti-discrimination laws versus First Amendment rights, highlighting the intricate balance between personal freedoms and legal boundaries.
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Trump's TikTok Ban Defiance Impact
- The Trump administration's refusal to enforce the TikTok ban sets a dangerous precedent of ignoring laws regardless of presidential agreement.
- This undermines rule of law norms, as selective enforcement based on political preference is damaging to governance.
Standing Ruling's Broad Impact
- The Supreme Court's ruling on standing in Diamond Alternative Energy v. EPA is significant due to its broad implications for future environmental and economic litigation.
- It clarifies when affected parties can sue over regulations that indirectly impact them through others.
Post-Enforcement Rule Challenges
- The Supreme Court ruling allows parties to challenge agency rules only after enforcement, not before.
- This "ship first to litigate later" approach marks a departure from growing preference for pre-enforcement judicial review but aligns with traditional legal procedures.