Americans, happy Independence Day On today’s podcast, I talk about one of the greatest recent reminders that this experiment in freedom has not perished from the Earth: the epic SCOTUS term of the last several months.
The Justices not only reinforced the 2nd Amendment but also confirmed the idea of federalism and gave an opportunity to the administrative state to rethink their illusions of grandeur. The result has been nothing short of spectacular. Especially the latter decision that would rollback the EPA’s regulatory power over greenhouse gas emissions without some legislative justification. Agencies need to explain the law in which their decisions are compatible with it. Think about that.
Seven administrative law specialists told me that the new doctrine would discourage regulators pushing for aggressive policies in politically sensitive matters. This is especially since the Supreme Court didn’t provide a clear test to determine when the major question doctrine should be invoked.
In the past, as Roberts wrote in Thursday’s decision, the court has relied on the reasoning of the doctrine to block the Food and Drug Administration from regulating cigarettes; the Centers for Disease Control and Prevention from barring evictions during the pandemic; and the Occupational Safety and Health Administration from imposing Covid vaccine rules on large businesses.
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The Federal Trade Commission and Securities and Exchange Commission are two of the most vulnerable agencies. They are both engaged in rulemaking aggressively to resolve issues Congress has never considered in their decades-old statutes.
Oh the left has certainly freaked out but there’s not much they can do except what we’ve already seen — screaming in the streets, threats of violence, histrionics over the death of democracy. And that’s not to downplay what they’re capable of. As did January 6, 2019, the response to 2020’s summer was instructive.
It’s simply that SCOTUS has reminded us what it looks to fight using the rule of law.
As I mentioned: spectacular.
The podcast below also briefly details “Father Stu,” the the extent I could talk about it. Suffice to say, if you’re Catholic, you’d really be doing yourself a favor to see it. And if you’re concerned with the problem of pain, you should see it, too. Oh, and I talk a bit about the character of Will Byers on “Stranger Things.” Kudos to the Duffer Brothers for handling his arc with grace and compassion and ignoring heavy-handed calls like these.
You’re free to push play.
The show lives on Spotify and you can also find me at iHeartRadio, Apple Podcasts, FCB Radio’s Spreaker, and Deezer.
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