Legal scholars Richard Epstein and John Yoo discuss recent Supreme Court rulings, challenges to constitutional amendments, upcoming Chevron Deference challenge, disputes among originalist thinkers, criticisms of Justice Thomas, and future plans for a potential Trump Administration.
The Supreme Court denied a challenge to the FDA approval of Mifapristun, the abortion pill, citing standing. While potential federal bans on these pills are possible, it currently remains a state issue. Even with the Comstock Act's limits, the likelihood of its enforcement on this matter depends on various legal interpretations and challenges.
Justice Thomas and disclosed trips
Justice Thomas's disclosed trips funded by external donors have sparked concerns, especially about potential conflicts of interest. While technically legal and rectified with updated disclosure rules, there are debates over whether these trips could influence judicial impartiality. However, no direct indication of impropriety or bias in court decisions has been established.
Project 2025 and threats to democracy
Project 2025's recommendations for a potential future under a Trump administration have raised alarms, particularly concerning plans to overhaul the civil service. As discussions on challenges to democracy intensify, the real threat could lie in actions that erode transparency, accountability, and the core principles of democracy in governance.
Executive actions and implications on stability
Concerns are raised over the use of executive actions, especially in setting long-term policies like banning electronic vehicles through executive orders. Such actions, if not grounded in legislative authority, risk creating legal instability and endanger long-term policy coherence, demanding a balance between executive power and legislative oversight.
Role of executive orders in setting policy
Debates center on the role of executive orders in shaping substantive policies, particularly in areas like environmental regulations and mandates. Gaps in ensuring legislative approval for long-term, impactful measures underscore the need for a balanced approach that upholds legislative primacy and checks on executive authority.
Richard Epstein and John Yoo discuss the last two weeks of Supreme Court rulings covering challenges to Second, Fourteenth, and Sixteenth Amendments. They also preview the upcoming challenge to Chevron Deference and dive into disputes among the originalist thinkers on the court. Finally, they weigh in on criticisms of recent disclosures by Justice Thomas and future plans for a future Trump Administration from groups like Project 2025.
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