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The Three Whisky Happy Hour: Standing Down?
Episode 429
Published 2 years, 6 months ago
Description
The submersible that is the Biden presidency looks to be under as much increasing pressure as the Trump reboot tour, and maybe both will implode? And when is the Supreme Court going to end the suspense and deliver the rulings on the big cases we've all been waiting for?
The Court did deliver a disappointment of sorts in U.S. v. Texas, which rejected the state challenge to the Biden Administration's complete implosion of border enforcement, ruling that while states along the border have indeed suffered injury, they lack standing to sue, and/or the Court lacks a remedy it can supply, so the Biden Administration wins this round. But we break down the convoluted reasoning of the majority opinion (can it really be right that if the executive branch arrested just one person crossing the border instead of zero, states would lose standing to sue, or the Court any remedy whatsoever?), and wonder whether the case is nearly as good for liberals as they think, and whether the next item on the agenda for conservative jurisprudence is to develop a new doctrine of standing, as it did with the "major questions doctrine" promulgated last year.
We also look at the latest attacks on Supreme Court justices from the left. Justice Barrett sold her house to—gasp!—a conservative! Can you believe it? And finally we explore the state of abortion one year after Dobbs.
The Court did deliver a disappointment of sorts in U.S. v. Texas, which rejected the state challenge to the Biden Administration's complete implosion of border enforcement, ruling that while states along the border have indeed suffered injury, they lack standing to sue, and/or the Court lacks a remedy it can supply, so the Biden Administration wins this round. But we break down the convoluted reasoning of the majority opinion (can it really be right that if the executive branch arrested just one person crossing the border instead of zero, states would lose standing to sue, or the Court any remedy whatsoever?), and wonder whether the case is nearly as good for liberals as they think, and whether the next item on the agenda for conservative jurisprudence is to develop a new doctrine of standing, as it did with the "major questions doctrine" promulgated last year.
We also look at the latest attacks on Supreme Court justices from the left. Justice Barrett sold her house to—gasp!—a conservative! Can you believe it? And finally we explore the state of abortion one year after Dobbs.