SCOTUS Doing Its Worst - Strict Scrutiny Crossover
Jul 9, 2024
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Discussing SCOTUS decisions, including Trump's immunity, overturning Chevron doctrine, and attacks on government agencies. A crossover episode with hosts of Strict Scrutiny podcast, analyzing court's conservative actions, judicial opinions, presidential immunity, book banning, and podcast shoutout.
The Fifth Circuit Court of Appeals' conservative influence in Texas, Louisiana, and Mississippi shapes future legal interpretations.
The Supreme Court's Chevron case overruling shifts decision-making power to federal courts, limiting agency influence.
The lack of humility and factual inaccuracies in justices' opinions reflects growing skepticism towards the Supreme Court's approach.
Deep dives
The Fifth Circuit Court of Appeals and Its Far-reaching Influence
The Fifth Circuit Court of Appeals, especially known for its conservative judges, holds significant power over Texas, Louisiana, and Mississippi. It has been criticized for endorsing extreme conservative theories in its decisions. Litigants often choose certain courts within the Fifth Circuit for favorable outcomes, contributing to a conservative-friendly environment. The court's decisions can have lasting implications, setting precedents and shaping future legal interpretations.
The Chevron Case and the Shift in Administrative Law
The Supreme Court's overruling of the Chevron case has generated significant impacts on administrative law. Chevron granted agencies the authority to interpret statutes, leading to deference from the courts. The recent shift places more decision-making power in the hands of federal courts, diminishing agency influence and expertise. This change is viewed as a victory by those seeking to limit the power of administrative agencies, signaling a move towards tighter judicial control in law interpretation.
Challenges and Critiques of Judicial Decision-making
The justices' lack of humility and condescending tones in their opinions have raised concerns about the judicial decision-making process. Instances of factual inaccuracies by justices, like the mistaken references made by Gorsuch and Kavanaugh, highlight flaws in their approach. Critics question the wisdom and accountability of unelected judges replacing agency expertise in legal interpretations. The tendency towards ideological outcomes and apparent lack of self-awareness in judicial opinions reflect growing skepticism towards the Supreme Court's approach.
Supreme Court's Decision on Absolute Immunity
The podcast delves into the recent Supreme Court ruling on absolute immunity for the ex-president, highlighting the lack of textual basis for this concept in the US Constitution. The discussion emphasizes the contrast between this decision and the clear textual foundation for other constitutional principles. It criticizes the court's disregard for historical context and the potential dangers of granting unchecked immunity to public officials.
Challenges in Investigating Motives and Presidential Powers
Another key point discussed in the podcast involves the limitations imposed on probing motives behind official acts, particularly in cases involving the Trump administration. The conversation underscores the significance of motive in legal proceedings and the potential impact of restricting the investigation of motives. Additionally, it examines the implications of granting extensive authority to the executive branch while undermining regulatory powers necessary for the common good.
Another year, another pretty wild Supreme Court term. SCOTUS recently ended its term with a number of big decisions including ruling that former president Donald Trump is immune from prosecution for his “official acts” in office. And it also overturned the Chevron doctrine, reversing a 40-year-old precedent that afforded federal agencies a degree of discretion in interpreting ambiguous laws. As always, there’s a lot to unpack and we’re excited to share our third crossover episode with the hosts of the Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray and Leah Litman. They join to discuss some of the most alarming actions from the super conservative majority of the Court, attacks on government agencies and more.
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