Advisory Opinions The Consensus Court
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Jun 14, 2024 Legal expert David Lat joins Sarah to discuss recent SCOTUS decisions, including bump stock case, Lily Ledbetter, Mifepristone decision, Trump's trademark, Justice Gorsuch, NLRB, Alito's secret recording, Young Thug's court trial, predicting SCOTUS decisions, sentencing in Hunter Biden saga. They also touch on Peggy Noonan's response to Alito-gate and David Lat's 'underneath their robes'. Episode covers various Supreme Court cases, controversies, and analyses on trademarking disputes, relationships among Justices, and future of administrative law.
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SCOTUS on Bump Stock Ban
- The Supreme Court rejected the Trump administration's ban on bump stocks, ruling that only Congress can ban them, not the executive branch.
- This highlights a recurring problem of presidents acting unilaterally, relieving Congress of responsibility and shifting backlash to the Court.
Congress Must Act on Bump Stocks
- Congress should act to legally ban bump stocks since the issue is widely opposed and unresolved by statute.
- However, political distractions and election years may delay meaningful legislative action on this lethal firearm accessory.
Standing Limits in Abortion Pill Case
- The Court unanimously rejected doctors' standing to sue over FDA's eased abortion pill restrictions as their alleged injuries were too indirect.
- This case illustrates the limits of Article III standing and signals some issues are meant for political resolution, not litigation.