The Daily – The New Supreme Court Cases to Watch

Intro

In this episode of “The Daily,” the focus is on the new Supreme Court cases to watch. The Supreme Court term will determine how far and how fast it wants to move to the right, with unfinished business from previous terms, including administrative law, agency power, Second Amendment, gun rights, and abortion. Conservative legal activists are pushing for a positive reception from the Supreme Court on these issues.

Main Takeaways

Supreme Court’s Approach to Chevron Deference

• The biggest case this term asks the court to overrule the 40-year-old precedent called Chevron, which gives rise to Chevron deference.
• Chevron deference allows agencies to make key decisions about how to implement a congressional statute if the law is confusing or has different interpretations.
• Opponents of Chevron deference argue that it gives agencies too much power and that Congress or the courts should decide what the law is.
• The Supreme Court is hostile to Chevron, and this case could be a major precedent overturned by the Supreme Court, taking power away from the government to regulate business and nominally empowering Congress.
• The Biden administration thinks overruling Chevron would be a convulsive shock to the legal system and that there’s no good reason to throw away this precedent.

Challenges to Regulatory Agencies

• The Supreme Court is facing cases that challenge the power of regulatory agencies, with mixed predictions of wins and losses.
• The challenge to the Consumer Financial Protection Bureau’s funding mechanism got little traction from the conservative justices on the court, suggesting it is unlikely to succeed.
• The case involving Herring fishermen in Cape Maine, New Jersey, who are required by federal law to bring federal monitors on their boats, could have implications for administrative law as it would be the first time a court tells the FDA it got the science wrong.

Gun Control and Abortion Cases

• Justice Thomas’ novel standard for deciding the constitutionality of gun control measures draws on originalism and has caused distress among lower courts.
• A case involving Zaki Rahimi tests the court’s commitment to originalism and historical analogies in gun control laws.
• The court is likely to hear another case on abortion, following the 2022 Dobs decision that eliminated the constitutional right to abortion.
• Anti-abortion groups are attacking the FDA approval of the abortion pill Mifoprystone, arguing that it is unsafe.
• The fifth circuit cut back on access to the pill, making it harder for women, especially in red states where abortion is banned or restricted.

Ethics and Public Perception

• The Supreme Court is under pressure due to politics and ethics scandals and may be sensitive to public perception.
• Justice Thomas recused himself from a case involving his former law clerk and former Trump lawyer John Eastman, showing progress towards ethical codes.
• The court may push back against conservative wins this term, though it still has a six-justice conservative supermajority.

Summary

Supreme Court’s Approach to Chevron Deference

This term, the Supreme Court will consider a case that challenges the 40-year-old precedent called Chevron deference, which allows agencies to make decisions on implementing congressional statutes. Opponents argue that Chevron deference grants agencies too much power, and the Supreme Court’s ruling could significantly impact the government’s ability to regulate businesses. The Biden administration opposes overruling Chevron, believing it would disrupt the legal system.

Challenges to Regulatory Agencies

The Supreme Court is facing cases that question the power of regulatory agencies. The challenge to the Consumer Financial Protection Bureau’s funding mechanism is unlikely to succeed, as conservative justices show little support. Another case involving Herring fishermen in Cape Maine, New Jersey, brings up issues of administrative law and the role of agencies in making decisions based on scientific assessments.

Gun Control and Abortion Cases

Justice Thomas’ novel standard for evaluating the constitutionality of gun control measures, based on originalism, has caused concern among lower courts. The court will also hear a case involving Zaki Rahimi, testing its commitment to originalism in gun control laws. Additionally, the court is likely to address another abortion case following the 2022 Dobs decision that limited the constitutional right to abortion. Anti-abortion groups are challenging the FDA approval of the abortion pill Mifoprystone, while the fifth circuit has restricted access to the pill, impacting women in states with abortion bans or restrictions.

Ethics and Public Perception

The Supreme Court faces pressure due to politics and ethics scandals, potentially influencing its decisions. Justice Thomas recused himself from a case involving his former law clerk, demonstrating progress towards ethical codes. While the court has a conservative supermajority, it may push back against conservative wins to maintain public perception.

Conclusion

The new Supreme Court cases to watch this term cover a range of significant issues, including Chevron deference, challenges to regulatory agencies, gun control, and abortion. The court’s decisions will have far-reaching implications for the balance of power between the government, agencies, and Congress. Additionally, ethics and public perception play a role in the court’s decision-making process. It remains to be seen how the court will navigate these cases and shape the legal landscape.