One Collective Hat - Tim Sandefur Joins Armstrong & Getty
Jun 30, 2023
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Timothy Sandefur, Vice President for Legal Affairs at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation, joins the hosts to discuss recent Supreme Court decisions. Topics include affirmative action, student loan forgiveness, flirtations with totalitarianism, characterizing the court as rogue, and a mix of unusual topics like tattoos, Sonic Shakes, and a Marin Morris concert.
Justice Thomas argues that race preference schemes in college admissions discriminate against Asian Americans and violate the principle of equal rights.
The Supreme Court ruled that the Secretary of Education does not have the authority to unilaterally forgive student loan debt, emphasizing the importance of Congress in making laws.
Justice Thomas' main point in the affirmative action case was that race preference schemes are a form of discrimination keeping Asian Americans out of colleges. He argues that all men are created equal and that Asian Americans deserve equal rights. Justice Thomas' opinion is direct, addressing and challenging dissenting justices who ignored the discrimination against Asian Americans. The student loan forgiveness case highlighted the issue of executive overreach. The Supreme Court determined that the Secretary of Education does not have the authority to unilaterally wipe out a significant amount of student debt using discretionary spending, emphasizing that Congress, not the President, should make the law.
The Legacy of Fascism and the Administrative State
The podcast discusses the dangers of the administrative state and regulatory bureaucracies, which allow unelected officials to make laws. The discussion highlights the influence of Mussolini's fascist dictatorship and the flirtation with totalitarianism in the early to mid-20th century. The Supreme Court's reluctance to protect property rights and economic liberty is attributed to the precedents set during that era. The episode emphasizes the importance of democracy, persuasion, and argument in contrast to the idea of an elite group of bureaucrats dictating societal decisions.
The Supreme Court's Role and Recent Decisions
The podcast highlights the Supreme Court's role as a check and balance against the executive and legislative branches. While the court's recent decisions may appear extreme to those with left-leaning views, they are considered a correction of past errors. The episode examines the dissenting opinion regarding affirmative action, noting that the court's focus on the equal treatment of Asian Americans brings important perspectives to discussions often framed as black versus white. The tension between the executive and judicial branches is discussed in relation to the student loan forgiveness decision, emphasizing the court's role in upholding the Constitution and protecting individual freedom.
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and holds the Duncan Chair in Constitutional Government. He joined the guys to talk about the recent Supreme Court decisions.