Vox's Ian Millhiser discusses the Supreme Court's recent power grab, including implications of the Loperbright decision and the Court's role in interpreting laws. The podcast also explores the blocking of OSHA rules for COVID vaccinations and challenges of justices handling federal agency regulations.
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Quick takeaways
The Supreme Court is facing challenges with decision leaks and mistaken rulings, showcasing its fallibility.
The shift from agency-led decisions to judicial ones raises concerns of overwhelmed justices and potential ideological rulings.
Deep dives
The Supreme Court's Turmoil and Errors
The Supreme Court faces a tumultuous period as it hints at overturning Roe v. Wade and mishandles decision leaks. Investigations into leaks go unresolved, like the premature posting of an abortion ruling. Corrective actions and mistakes abound, such as confusing nitrogen oxide with nitrous oxide. Despite these blunders, the Court expands its workload significantly, showcasing its fallibility.
Chevron Doctrine and Lopreat Decision
The Chevron doctrine, foundational in administrative law, empowered federal agencies to make policy decisions over courts. The Lopreat decision, challenging Chevron, concerned payment obligations for federal observers on fishing vessels. It precipitated a shift towards courts deciding policy issues instead of agencies, risking increased judicial workload and ideological decisions.
Potential Impacts and Concerns
The Lopreat decision's ramifications could inundate the Supreme Court with numerous minute and obscure legal questions that may lack expertise. This shift from agency-led decisions to judicial ones raises concerns of overwhelmed justices and potential ideological rulings. The departure from Chevron's precedent towards increased judicial involvement in policy matters poses challenges to governance and democratic processes.
The Supreme Court just fundamentally changed how the federal government works. Vox’s Ian Millhiser explains.
This episode was produced by Victoria Chamberlin, edited by Amina Al-Sadi, fact-checked by Laura Bullard, engineered by Andrea Kristinsdottir and Patrick Boyd, and hosted by Sean Rameswaram.