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What Next: Where the Supreme Court Can Do the Most Damage

Oct 2, 2023
Jay Willis, editor-in-chief of Balls & Strikes, discusses the potential harm the conservative supermajority of the Supreme Court can cause. Topics include eliminating the Consumer Financial Protection Bureau, rolling back the Chevron deference precedent, the implications for the federal government, the Loper-Brite case, the chaos of individual judge rulings, and concerns about misinterpretation of the Supreme Court's moderating stance.
24:29

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Quick takeaways

  • The conservative supermajority on the Supreme Court is pursuing the goal of limiting federal agencies' rule-making power by challenging the Chevron deference precedent, which could disrupt the functioning of the federal government.
  • The case of Loper-Brite Enterprises v. Ramondo, which aims to roll back Chevron deference, could impede agencies' interpretive authority, disrupt federal court cases, and grant significant power to unelected judges, potentially eroding democratic governance.

Deep dives

The Supreme Court's Conservative Supermajority and Its Approach to Cases

Despite the absence of prominent cases like abortion or a President's student debt relief plan, the current Supreme Court term is still significant. The conservative supermajority is pursuing its long-standing goal of limiting federal agencies' rule-making power. They aim to erode the Chevron deference precedent, which grants agencies the authority to interpret their own rules. A key case, Loper-Brite Enterprises v. Ramondo, seeks to roll back Chevron deference. If successful, it could impede the executive branch's ability to execute laws, resulting in significant disruptions to the functioning of the federal government.

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