Evil Batman
After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (overruling Chevron) and Corner Post v. Board of Governors (time limits for challenges to regulations). We try to figure out just how disruptive these decisions will be for the administrative state and somehow manage not to waste half the episode debating Supreme Court ethics.
2024-07-19
85 min
Transcript
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Will: Yes, but they're wrong. They're wrong. I mean, this is the weird thing about Ms. Manor, is she reports to be describing etiquette, and at some point, I guess the norms shift and she's wrong. Will: I guess if Trump loses the election, I assume the prosecution will continue. And then if the Eleventh Circuit, and then I guess it could [unintelligible court. The Eleventh Circuit reverses the district court and reinstates misappointment, it's not obvious the Supreme Court would take it or they might. I think if the Eleventh Circuit holds his appointment unconstitutional, I assume the court would feel like they had to take it. Will: Yeah, I know, but then why stop there? I don't know just [unintelligible , whatever. If it's not really [Dan laughs], you got to back the court with 1001 people all named Bernie Sanders or whatever. Will: No, I was going to say if Congress refused to allow the Supreme Court to meet at all for a long period of time, that violates some constitutional rule. I mean, they used to cancel [unintelligible events. Dan: Didn't it prevent them from meeting for nearly two years? They canceled [unintelligible term and then-- Will: Yeah. Well, this is what the CEG edition is for, right? You're supposed to hint. These are the examples I can come up with. But I promise there are more [unintelligible [crosstalk] Will: Yeah, I mean, there's been a conservative project to rewrite the APA for a long time. They're like AI books or whatever on, what is the new [unintelligible to look like. So, this moment, maybe not. It's not impossible to imagine bipartisan APA reform that does a little bit of stuff that both sides like. And in the veil of ignorance, it's not obvious why even industry wouldn't like some stability if they could get it the right way. So, I doubt we're going to see. I mean, she said it's Ledbetter. I don't think the first act of the Trump administration or the second Biden administration is going to be a bill, just a Corner Post fix. The optics aren't the same.
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