Adam Liptak, Supreme Court reporter for The New York Times, discusses the upcoming term and major cases, including gun rights, abortion, and government power. The podcast explores conservative challenges to the Chevron Doctrine, originalism and historical analogies, and an important abortion case related to FDA approval of Miffipristone. It also mentions ongoing conflicts in the Middle East and the Nobel Prize in Economic Sciences.
This term of the Supreme Court may reveal its direction, with cases on administrative law, agency power, Second Amendment rights, and abortion.
The Supreme Court will address the power of regulatory agencies and Second Amendment rights, potentially shaping gun control measures and constitutional analysis.
Deep dives
Supreme Court's New Term: Moving to the Right
This term of the Supreme Court may show how far and how fast it wants to continue moving to the right. A series of follow-up cases in administrative law, agency power, Second Amendment rights, and abortion will be instrumental in revealing the court's direction. Conservative litigants and courts are pushing hard in anticipation of a positive reception from the court, building on major victories from previous terms. Additionally, the court will address the administrative state's power and the Chevron deference, with a significant case that challenges a 40-year-old precedent. The outcome of this term will have far-reaching implications for government regulation and the balance of power between the branches.
Limitations on Regulatory Agencies and Guns
The Supreme Court will also hear cases addressing the power of regulatory agencies and Second Amendment rights. The court is considering whether to limit the power of federal agencies in making major decisions that they consider better suited for Congress or the courts. The court will examine if an agency's interpretation of ambiguous laws should be given deference. Another significant case involves a man convicted under federal law for possessing a gun while subject to a domestic violence restraining order. This case tests whether the Court's announced standard of historical analogies applies, ultimately shaping the scope of gun control measures, constitutional analysis, and the power of agencies.
Abortion's Uncertain Future
In the midst of an election year, the Supreme Court may address abortion once again. The case surrounds the regulation of the abortion pill, Mifeprex, and its availability through telemedicine and mail delivery. Anti-abortion groups argue that the pill's approval by the FDA was flawed and seek to restrict access to it. This case could have implications for a range of states where access to abortion is already limited. However, the case faces challenges, such as issues of legal standing and the substantial precedent set in overturning a constitutional right to abortion in the previous term. The court's ruling will provide further insights into how the conservative court approaches abortion issues.
Last week, the Supreme Court began its new term, picking up where it left off on the most contentious issues of the day, with cases connected to government power, gun rights and abortion.
Adam Liptak, who covers the Supreme Court for The Times, explains why, while previous terms produced major victories for the conservative legal movement, this term may be different.
Guest: Adam Liptak, who covers the Supreme Court and writes Sidebar, a column on legal developments, for The New York Times.
Background reading:
In cases this term, the justices will explore the scope of the Second Amendment, the fate of the administrative state and limits on free speech on the internet.
For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.
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