Opinionpalooza: SCOTUS and MAGA’s Shared Vision For Government Comes Into View
Jun 27, 2024
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SCOTUS decisions impacting agencies, conservative legal movement targeting administrative state, dissent by Justice Sotomayor, implications of SEC v Jarkesy on enforcement, power grab by the court disrupting Congress's authority, upcoming big administrative cases, emphasis on expanding court's power
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Quick takeaways
SCOTUS weakening agencies' power to enforce environmental regulations through decisions like Ohio v EPA.
Supreme Court decision in SEC v Jarkesy narrowing agencies' ability to adjudicate enforcement actions in-house.
Deep dives
The Case of the Maintenance Engineer
A maintenance engineer with exceptional hearing skills detects problems on the shop floor that others miss. He relies on Granger products to fix issues promptly. The podcast explores the impact of decisions by the U.S. Supreme Court on various cases, including the Trump immunity case and rulings affecting environmental and regulatory agencies.
The Administrative State Under Attack
Lisa Heinzerling, an expert in environmental and administrative law, delves into the dismantling of the administrative state. The recent Supreme Court decisions, like Ohio v. EPA, weaken agencies' power to enforce environmental regulations. The podcast highlights the potential implications on agencies' ability to govern effectively and protect public interest.
Jarkasy and SEC Enforcement
The case of George Jarkasy Jr., a hedge fund manager, challenges the SEC's authority to enforce civil penalties. The Supreme Court decision narrows agencies' ability to adjudicate enforcement actions in-house. This ruling sets a precedent affecting various agencies' enforcement actions and may strain resources and personnel.
EMTALA: Impact on Medical Emergencies
The Emergency Medical Treatment and Active Labor Act (EMTALA) ruling triggers concerns about federal standards of care in medical emergencies. The decision, intertwined with broader deregulatory efforts, questions Congress's ability to enforce vital healthcare protections. This case reflects a broader trend of limiting federal agencies' and Congress's power in setting and enforcing regulations.
What’s this? A bonus Opinionpalooza episode for one and all? That’s right! The hits just keep coming from SCOTUS this week, and two big decisions landed Thursday that might easily get lost in the mix: Ohio v EPA and SEC v Jarkesy. Both cases shine a light on the conservative legal movement (and their billionaire funders’) long game against administrative agencies. In Ohio v EPA, the Court struck down the EPA’s Good Neighbor Rule, making it harder for the agency to regulate interstate ozone pollution. This decision split along ideological lines, and is part of a stealthy dismantling of the administrative state. SEC v Jarkesy severely hinders the agency’s ability to enforce actions against securities fraud without federal court involvement, and the decision will affect many other agencies. In her dissent, Justice Sonia Sotomayor pointed out how this power grab by the court disrupts Congress's ability to delegate authority effectively. Project 2025 just got a jump start at SCOTUS, and we have two more big administrative cases yet to come, the so-called Chevron cases: Loper Bright v Raimondo and Relentless, Inc. v Department of Commerce. This is shaping up to be a good term for billionaires and a court apparently hungry to expand its power. Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern (of course) and they are saved from any regulatory confusion by environmental and administrative law all-star, Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center, who served in the EPA under President Obama.
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!)
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