NYU's Noah Rosenblum, Stanford's Evelyn Douek, and Balls and Strikes's Madiba Dennie — whose book on originalism comes out in June — talk all things SCOTUS.
If Chevron goes down and each ambiguity goes into the docket hopper, the result will be that the cases coming up on appeal to the circuits will crowd out most everything else simply by force of numbers. The circuits will inevitably come down differently to create interpretive messes that only SCOTUS can settle. Take for example, the Security and Exchange Commission. It's not uncommon to see 100+ Federal Register pages of proposed rulemakings attracting dozens of comment letters followed by a final rulemaking. There's a lot of play in the 90-yo enabling legislation and an amazing number of nooks and crannies for which there is scant case law. The purists should take care what they wish for. It would be ironic if the crush of cases unleashed by the fall of Chevron deference triggered an expansion of the Court to handle the workload.
While I realize Bruen applied specifically to the 2nd amendment as does Rahimi, how likely is this to be used for other things we didn’t have laws for in the late 18th century? And what about things that were against the law in many if not all jurisdictions at the time such as adultery, pornography or as it was then called obscenity and sex outside marriage aka fornication? I realize some in the right want to change some of this but it seems like this is a terrifyingly slippery slope.
That was great! Thanks y'all.
If Chevron goes down and each ambiguity goes into the docket hopper, the result will be that the cases coming up on appeal to the circuits will crowd out most everything else simply by force of numbers. The circuits will inevitably come down differently to create interpretive messes that only SCOTUS can settle. Take for example, the Security and Exchange Commission. It's not uncommon to see 100+ Federal Register pages of proposed rulemakings attracting dozens of comment letters followed by a final rulemaking. There's a lot of play in the 90-yo enabling legislation and an amazing number of nooks and crannies for which there is scant case law. The purists should take care what they wish for. It would be ironic if the crush of cases unleashed by the fall of Chevron deference triggered an expansion of the Court to handle the workload.
I'm fascinated. If Florida's law should prevail, does that mean that Truth Social has to run Biden campaign ads?
Thanks so much for this episode - learned a lot here.
While I realize Bruen applied specifically to the 2nd amendment as does Rahimi, how likely is this to be used for other things we didn’t have laws for in the late 18th century? And what about things that were against the law in many if not all jurisdictions at the time such as adultery, pornography or as it was then called obscenity and sex outside marriage aka fornication? I realize some in the right want to change some of this but it seems like this is a terrifyingly slippery slope.