The podcast discusses the Alitos' controversial display of an upside-down flag, a Supreme Court opinion on CFPB funding, and a racial gerrymandering case in Texas. They critique Justice Alito's statement, explore absurd flag scenarios, and analyze the SCOTUS response to the Fifth Circuit. Community engagement and political action are encouraged for upcoming elections.
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Quick takeaways
The Supreme Court upholds the CFPB's funding structure, rejecting arguments of violation, demonstrating a commitment to agency stability.
Justice Alito juxtaposes CFPB and Federal Reserve funding, disregarding economic realities and historical context, raising questions on 'appropriations'.
Alito and Gorsuch's extreme originalist dissent risks economic instability, while the Fifth Circuit's influence steers the court towards conservatism in future nominations.
Deep dives
Challenges to CFPB's Funding Structure
The Supreme Court upholds the Consumer Financial Protection Bureau's (CFPB) funding structure in a 7-2 opinion, rejecting the argument that it violated the Appropriations Clause. Justice Alito and Justice Gorsuch dissent with incoherent logic, claiming that Congress cannot control the CFPB's use of funds with the current financing scheme. This dissent disregards historical context and the practical mechanisms through which Congress can oversee agency funding.
Unique Funding of the Federal Reserve Board
Justice Alito contrasts the CFPB's funding structure with that of the Federal Reserve Board, asserting the uniqueness and historical background of the latter. Despite the challenges to the Federal Reserve Board's funding, Alito holds that it stands as a special arrangement recognized by historical significance. This comparison raises questions about the interpretation of 'appropriations' and overlooks economic and legislative realities.
Implications and Predictions
The dissent by Justice Alito and Gorsuch reflects extreme originalist views that prioritize theoretical purity over practical consequences, potentially risking economic instability. The majority's decision to uphold the CFPB's funding structure rebukes this radical interpretation and demonstrates a commitment to preserving the agency's functionality and stability. The dissent's misrepresentation of source material and essential functions of congressional oversight point to a disconnect from practical governance and economic implications.
Importance of Fifth Circuit's Influence on Supreme Court Nomination
The Fifth Circuit's role in influencing the Supreme Court's perceived moderation by allowing the court to appear moderate while still being conservative is crucial. With the next Republican nominee likely coming from the Fifth Circuit, such nominations would bring a conservative shift to the court. Despite the current appearance of moderation, the Fifth Circuit's influence is steering the court towards conservatism, preparing for a potential shift with future nominations.
Challenges to Voting Rights and Voting Rights Act in Fifth Circuit
The Fifth Circuit is at the center of key voting rights challenges with cases like Pediwe vs. Galveston County and Chisholm vs. Louisiana. These cases highlight the battle over coalition districts and the attempt to dissolve consent decrees promoting minority representation. The court's rulings and actions play a vital role in shaping voting rights laws and could have significant implications for future elections and the protection of minority rights.
Leah and Melissa catch up on the Alitos' upside-down flag situation, an opinion preserving the funding structure of the CFPB, and a racial gerrymandering case out of Texas.
The giveaway starts TODAY and ends May 24 at 11:59pm PT. We’ll be picking a winner on/around 5/28 so be sure to keep an eye on your comment. For the full rules, check out the link here: https://crooked.com/strictgiveaway/