The podcast discusses the upcoming Supreme Court term and the potential challenges to the constitutionality of government agencies. They also highlight the ethical lapses of certain Supreme Court justices and the timing of Liberty Central. Additionally, they explore a bankruptcy case settlement and the uncertainty of Justice Kavanaugh's vote.
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Quick takeaways
Controversies surrounding campaign financing and judicial ethics in relation to Supreme Court justices' involvement in political events.
Legal challenges to agency authority and the non-delegation doctrine with potential implications for the administrative state.
Previews of upcoming Supreme Court cases with themes including abortion, civil rights, bankruptcy, and blocking on social media by public officials.
CFPB vs. Community Financial Services Association of America questioning the constitutionality of the CFPB's funding structure.
Significant cases challenging the Chevron doctrine and the interpretation of the Second Amendment.
Deep dives
Campaign Financing and Judicial Ethics
The podcast discusses recent controversies involving campaign financing and judicial ethics. It explores the connection between Supreme Court justices and political events, such as fundraising events hosted by libertarian billionaires, and highlights potential concerns regarding undisclosed activities and potential conflicts of interest. The podcast also addresses the role of media entities, lawyers, and journalists in interviewing justices and the implications of their involvement in pending Supreme Court cases.
Challenges to Agency Authority and Non-Delegation Doctrine
The podcast anticipates important legal challenges to agency authority and the non-delegation doctrine. It highlights cases that question the extent of agency decision-making power, the ability of agencies to make rulings on certain issues, and the constitutionality of delegating authority to agencies. The podcast references specific cases, including a significant one that may overrule Chevron and potentially weaken the administrative state. It also mentions the implications of divesting authority from agencies and empowering the Supreme Court to make key decisions.
Upcoming Supreme Court Cases and Themes
The podcast previews several upcoming Supreme Court cases and identifies themes to watch for in the upcoming term. It mentions significant cases related to abortion, civil rights, standing, bankruptcy, and blocking on social media by public officials. The podcast emphasizes the potential impact of these cases on existing precedent, public engagement with the court, and the balance of power between branches of government. It also highlights the potential consequences of the court's decisions for issues like agency authority, mass tort liability, and the interpretation of constitutional rights.
CFPB Funding Structure and Constitutionality
One of the major cases in the upcoming Supreme Court term is CFPB vs. Community Financial Services Association of America, which examines the constitutionality of the Consumer Finance Protection Bureau's (CFPB) funding structure. The case questions whether the CFPB, which receives its appropriations from independent bodies rather than Congress, violates the Constitution. The outcome of this case could have significant implications for other entities funded in a similar manner, such as Medicare and Medicaid.
Challenge to Chevron's Interpretation of Statutes
Another important case on the docket is Loaf for Bright vs. Ramonna, which challenges the longstanding Chevron doctrine. The Chevron doctrine states that when a statute passed by Congress is silent or ambiguous on a particular question, courts should defer to reasonable interpretations by expert agencies. This case raises the question of whether the court should overrule Chevron and shift the balance of power towards the judiciary instead of expert agencies. The case specifically focuses on the meaning of a statute requiring commercial fishing vessels to carry federal observers and whether the cost of these observers should be borne by the vessel owners. The outcome of this case could have broader implications for the future of agency interpretations of statutes.
Zorowski Litigation and Abortion Laws
The Zorowski litigation in Texas involves ongoing legal battles over the ability of doctors to provide abortions in cases of medical emergencies. The Texas Supreme Court will hear arguments in late November to determine whether the enforcement of abortion bans in such cases is constitutional. The outcome of this case could have significant ramifications for the future availability of abortions in Texas and other states.
Rahimi vs. United States and Second Amendment Rights
Rahimi vs. United States is a major Second Amendment case arising from the Fifth Circuit. It addresses the question of whether the possession of firearms by individuals convicted of domestic violence offenses is constitutional. The case challenges the court's previous decision in Bruin, which established a new test for determining the constitutionality of gun regulations based on historical tradition. The outcome of this case could impact future interpretations of the Second Amendment and the regulation of firearms.
Challenges to Taxation and the Wealth Tax Case
More vs. United States is a case challenging the taxation of unrealized gains and raises questions about the constitutionality of the 16th amendment, which authorizes income taxes. The plaintiffs argue that taxing unrealized gains is unconstitutional under the amendment. If successful, this case could invalidate certain provisions of the tax law and limit the ability of policymakers to enact progressive taxation measures. The outcome of this case could have broad implications for tax policy.
Challenges to Government Structure and Administrative Law
There are several cases challenging aspects of government structure and administrative law. These cases include Jarchese vs. SEC, which questions the removal protections of administrative law judges and has implications for the independence of such positions, and Moldrow vs. Title VII, which examines whether certain employment transfer decisions can lead to liability under Title VII. These cases raise questions about the balance of power between expert agencies and the judiciary, and their outcomes could shape the future of administrative law and government regulation.
Do you feel that chill in the air? It’s almost the first Monday of October and that means a new SCOTUS term! You may still be recovering from the last one (don’t worry, we are too) but Melissa, Kate and Leah talk about some themes that we can expect this term like the crazy cases coming out of the Fifth Circuit and whether government (as we know it) is constitutional. They also go through the justices’ latest questionable, and in some cases egregious (Justice Thomas, we’re looking at you) ethical lapses. So pour yourself a Ginni Tonic or Hot Ginni Toddy now that it’s fall, and settle in for this week’s live show from the Texas Tribune Festival.
Cases we’re watching:
-Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited
