Amicus Opinionpalooza: SCOTUS and MAGA’s Shared Vision For Government Comes Into View

Jun 27, 2024

The podcast discusses recent SCOTUS decisions impacting administrative agencies, focusing on cases like Ohio v EPA and SEC v Jarkesy. It highlights the conservative legal movement's push against regulatory agencies and the court's power expansion. Justice Sonia Sotomayor's dissent in SEC v Jarkesy is emphasized, revealing implications on Congress's authority delegation. The episode previews upcoming cases like Loper Bright v Raimondo and Relentless, Inc. v Department of Commerce, suggesting a term favorable for billionaires and judicial power.

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Intro

00:00 • 2min

Supreme Court Decisions Impacting Administrative Agencies and Environmental Regulations

02:06 • 15min

Exploring recent U.S. Supreme Court decisions and gender dynamics within the court

17:03 • 5min

Analyzing Justice Amy Coney Barrett's Dissenting Opinions and Efforts to Limit the Administrative State

22:32 • 3min

Supreme Court's Impact on SEC's Adjudication Process

25:15 • 23min

Preview of End of Term Wrap Up and Shoutouts

47:50 • 2min

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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