Statecraft
There Are Too Many Judicial Injunctions
Feb 19, 2025
Nick Bagley, an administrative law expert and former chief legal counsel to Michigan Governor Gretchen Whitmer, unpacks the complexities of judicial review and its pivotal role in today’s political landscape. He explores how the evolution of this practice has shifted from mere dispute resolution to a powerful tool that can challenge governmental actions. Bagley also discusses the rise of judicial injunctions, their implications for governance, and the delicate balance between judicial oversight and democratic values, particularly in a polarized political climate.
33:15
Episode guests
AI Summary
AI Chapters
Episode notes
Podcast summary created with Snipd AI
Quick takeaways
- Judicial review has evolved to include greater judicial oversight of executive actions, reflecting a shift in checks and balances within government.
- The rise of nationwide injunctions demonstrates the complexities of governance, influenced by political polarization and the judiciary's assertiveness in administrative decisions.
Deep dives
Understanding Judicial Review
Judicial review is the process by which courts evaluate government actions, ensuring they align with the Constitution. This concept traditionally involved examining acts of Congress to assess their constitutionality, but it has evolved to include reviewing executive branch actions, especially those taken by administrative agencies. Over time, the federal courts have become increasingly involved in overseeing the regulatory work of these agencies, which has led to significant judicial involvement in government operations. The transformation of judicial review over the past century reflects a growing recognition of the courts' role in maintaining checks and balances within the U.S. government.
Remember Everything You Learn from Podcasts
Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
