3258 – Elie Mystal On The Most Important Supreme Court Case No One You Know Knows About

Happy Monday! Sam and Emma speak with Elie Mystal, justice correspondent at The Nation, to discuss the oral arguments that took place at the Supreme Court last week for Loper Bright Enterprises v. Raimondo. First, Sam and Emma run through updates on DeSantis putting a dunce hat on his dunce hat, Netanyahu healthily surviving a no-confidence vote, the growing death toll in Gaza, the US’ “totally not a war” in Yemen, Donald Trump’s widening lead over Nikki Haley, auto union organizing, House tax policy, and Mike Johnson’s speakership, before reflecting on DeSantis’ evolution from Trump fanatic, to Trump heretic, to Trump cuck. Elie Mystal then dives right into the history of SCOTUS’ Chevron Doctrine, with the right championing in the 1980s as Reagan attempted to use his cabinet to cripple the relatively nascent administrative state, and the unanimous decision by the Court to delegate the reading of administrative law to the experts in the agencies, rather than allowing for themselves and lower court judges to dictate the meaning of all legislation. After briefly running through this decision’s relationship to the budding institution of the modern administrative state, and why – despite the conservative origin of the case – it is hugely important for the functioning of government and democracy as a whole, Mystal tackles the massive role the Chevron Doctrine has played since it was established in 1984, deciding some 17,000 cases, and the complete legal chaos that would be caused by overturning it. Elie and Emma also touch on the asymmetrical nature of this fight – with the difficulty of governance further inflamed by the ease of obstruction – and parse through the various ideological stances of the conservative Supreme Court justices that are likely to decide this case, before wrapping up with the future of the fight for the administrative state, why it might lie (unfortunately) in Congress.

And in the Fun Half: Sam and Emma watch Tim Scott campaign in the streets and the sheets for the Vice Presidency, parse through the continuing evolution of Israel’s genocide in Gaza, and the Biden Administration’s refusal to acknowledge the rhetoric coming out of the Israeli government. Michigan voters parse through their major issues with Biden ahead of 2024, Jeffrey from Memphis discusses voting in his first election, and Sam from Portland dives into his city’s housing crisis. Donald Trump basks in DeSantis’ failure, the MR Crew discusses the harrowing impact of the US’ growing abortion bans, Tim Pool blows his chance with Trump Jr., and Sarah from Newton explores the ongoing Newton teachers’ strike. Jeff from Iowa inspires a long conversation on the electoral college and the politics of voting, plus, your calls and IMs! Check out Elie’s work here: https://www.thenation.com/authors/elie-mystal/

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