Strict Scrutiny

America's First Civil Rights Movement

Jul 31, 2023
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INSIGHT

Exceptions And Regulations Clause Undercuts Alito

  • The podcast emphasizes the constitutional exceptions-and-regulations clause as a direct refutation of Alito's claim that Congress lacks authority over the Court.
  • Melissa Murray and Leah Litman underscore basic federal courts doctrine showing Congress sets appellate jurisdiction.
INSIGHT

Alito Spills Tea About His Colleagues

  • Alito publicly described his colleagues and conservative divisions, criticizing Justice Thomas and noting Gorsuch's 'ornery streak.'
  • Hosts relish intra-conservative conflict and see Alito airing private disagreements in public as damaging to Court legitimacy.
INSIGHT

Court Quietly Erodes Chevron While Denying It

  • Alito pretends not to take a position on Chevron while the Court has quietly eroded administrative deference.
  • Hosts call out the Court's pattern of claiming not to overrule precedent while undermining it in practice.
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