Happy Independence Day, Americans! 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.
Not only did the Justices reinforce the 2nd Amendment, they also reaffirmed the concept of federalism, and gave the administrative state a real reason to reconsider their delusions of grandeur. It has been, in a word, spectacular. Especially the latter decision that would rollback the EPA’s regulatory power over greenhouse gas emissions without some legislative justification. In short, agencies must explain how their ruling comports with law. Imagine that.
At the very least, seven administrative law experts told me, the newly formalized doctrine will discourage regulators from pushing aggressively for innovative policies in politically charged matters, especially because the Supreme Court did not lay out a clear test for when the major questions 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.
Among the agencies likely to feel the chill are the Securities and Exchange Commission and the Federal Trade Commission, both of which are engaged in aggressive rulemaking to address issues that Congress never contemplated in the decades-old statutes that created the commissions.
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. The summer of 2020 told us plenty, as did the reaction to January 6th.
It’s simply that SCOTUS has reminded us what it looks to fight using the rule of law.
As I said: 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.