Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

Amicus With Dahlia Lithwick | Law, justice, and the courts

The Supreme Court Gave Itself Huge Extra Powers and It’s Becoming a Big Problem

Jan 13, 2024
Discussions on ongoing legal issues involving Donald Trump, including his immunity appeal and the Trump Organization civil fraud trial. Exploring the Supreme Court's power to shape the law and policy by selecting cases and questions. Examining the significance of the Loperbright Enterprises v Raimundo case and concerns about transparency and accountability. Highlighting the court's expanded powers and the need to prioritize deciding cases based on the law.
01:03:43

Podcast summary created with Snipd AI

Quick takeaways

  • The Supreme Court's discretion in selecting cases and issues may lead to outcomes that do not fully address parties' concerns.
  • The court's focus on making policy statements instead of providing thorough resolutions undermines its role as a court.

Deep dives

The case of the fishermen and government regulations

The podcast episode begins with a discussion about a case involving fishermen and government regulations. The fishermen were required to carry government observers on their fishing boats to monitor compliance with federal agency rules. The issue at hand was whether the fishermen should be responsible for paying the observers. The agency argued that the interpretation of 'carry' includes 'pay for', while the fishermen disagreed. The case made its way to the Supreme Court, focusing on the larger question of whether the Chevron doctrine, which grants significant deference to agency interpretations of statutes, should be revisited or abolished. The court's decision will have far-reaching implications for administrative law.

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