Strict Scrutiny

December Preview: SCOTUS Doubles Down on Its BS

35 snips
Dec 1, 2025
New Jersey Attorney General Matthew Platkin joins the discussion, bringing insights on the intriguing abortion-related case, First Choice Women's Resource Centers v. Platkin. He elaborates on the investigation's implications for federal jurisdiction and state powers to protect consumers. The conversation dives into the ongoing legal shifts within SCOTUS, touching on cases regarding campaign finance and asylum review. Platkin warns of the potential repercussions if federal courts reverse state investigations, emphasizing the intersection of abortion politics and federalism.
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INSIGHT

Routine Subpoena, Big Consequences

  • Matthew Platkin says the subpoena to First Choice was a routine consumer-protection probe, not an abortion attack.
  • He warns a broad ruling could clog federal courts and undermine ordinary state investigative powers.
INSIGHT

Standing Rules Protect Enforcement

  • Platkin warns broad Article III standing for every administrative subpoena would gut states' and the federal government's enforcement tools.
  • He stresses enforcement only comes after court orders, so immediate federal suits would be extraordinary.
INSIGHT

Humphrey's Executor Under Threat

  • The Court appears primed to expand the unitary executive theory and curtail agency independence.
  • Recent orders and removals signal Humphrey's Executor is on the chopping block.
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