Fresh Air A Former Federal Judge Fears For Democracy
Jul 3, 2024
David Tatel, a former civil rights lawyer and judge on the U.S. Court of Appeals, shares his insights on the current state of democracy and the Supreme Court's recent rulings. He reflects on how flawed judicial reasoning threatens key democratic principles and discusses the challenges courts face today. Tatel offers a personal perspective on living with blindness while serving in a complex judicial system, emphasizing the importance of judicial integrity and the role of personal experiences in shaping his views on justice.
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Presidential Immunity Concerns
- The Supreme Court's ruling on presidential immunity lacks constitutional basis and expands presidential power.
- This decision raises concerns about the court's ideological leanings and potential impact on democracy.
Impact of Overturning Chevron Deference
- The Chevron deference balances judicial authority and agency expertise, ensuring effective governance.
- Overturning it empowers courts over agencies and potentially jeopardizes public health and safety regulations.
Post-Chevron Challenges
- Without Chevron deference, agencies like the EPA become less effective due to increased legal challenges.
- Existing regulations are at risk, as newly formed entities can challenge them perpetually, excluding expert judgment.
