Opinionpalooza: This SCOTUS Decision Is Actually Even More Devastating Than We First Thought
Jul 13, 2024
auto_awesome
Georgetown Law School's Professor Lisa Heinzerling discusses the Supreme Court's power grab, shifting power from agencies to corporations. They delve into administrative law, Supreme Court rulings on industry regulations, AI support for finance teams, implications of SCOTUS decisions on agency deference, and real-world effects of administrative law on food safety and aviation regulations.
Supreme Court rulings shift power from agencies to corporations and billionaires.
Overturning Chevron reduces agency independence and impacts regulatory interpretations.
Deep dives
Overview of Administrative Law and Agencies
Administrative law governs agencies' work, decision-making processes, and interactions. Agencies implement congressional directives in areas like drug safety, air quality, and financial regulations. The episode discusses the Supreme Court's shift towards dismantling the administrative state and increasing judicial oversight over agency decisions.
Impact of Overturning Chevron on Agency Interpretations
The Supreme Court's ruling in Loper Bright overturning Chevron defers agency interpretations of ambiguous statutes to courts instead of agencies. This decision undermines longstanding principles of judicial deference to agency expertise, impacting regulatory interpretations and reducing agency independence.
Corner Post Case and Statute of Limitations Shift
The Corner Post case altered when a challenge can be filed against agency rules by tying the statute of limitations to the injury date rather than the rule's finalization. This change allows for increased challenges even years after a rule's implementation, potentially leading to a surge in litigation against regulatory actions.
Potential Industry Influence and Power Shift
The episode highlights concerns that the Supreme Court's actions could empower industries over regulatory agencies by curbing agency autonomy and expertise in decision-making. The court's rulings might prioritize industry interests over public safety and environmental protection, affecting various sectors like food safety, drug regulation, and transportation.
Administrative law may not sound sexy. And maybe that’s because it truly isn’t sexy. But it is at the very center of the biggest decisions this past Supreme Court term, and also widely misunderstood. In this week’s show, we asked Georgetown Law School’s Professor Lisa Heinzerling to come back to help hack through the thorny thicket of administrative law so we can more fully understand the ramifications of a clutch of cases handed down this term that – taken together – rearrange the whole project of modern government. The Supreme Court’s biggest power grab for a generation isn’t just about bestowing new and huge powers upon itself, it’s also about shifting power from agencies established in the public interest to corporations, industry and billionaires.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.