Strict Scrutiny Taking a Hatchet to Government Agencies
Dec 4, 2023
Former clerks for Justice Sandra Day O'Connor, Oona Hathaway and Sam Sankar, discuss her legacy. They explore challenges to the SEC's authority, Constitutional implications of the Seventh Amendment, and the classification of drugs as controlled substances. They also delve into conservative groups using a Supreme Court decision to challenge programs addressing maternal mortality among black women. Additionally, they share personal experiences of working for a prominent figure, including anecdotes about dinners and fitness activities. They discuss Justice O'Connor's disapproval of the current court and protests outside the Supreme Court.
AI Snips
Chapters
Transcript
Episode notes
Timing Rule In ACCA Cases Changes Sentences
- The ACCA sentencing question turns on which date controls whether a prior offense counts as a controlled-substance predicate.
- The Court's choice (time of prior conviction vs. sentencing) has major sentencing consequences and administrative burdens.
Drug Schedules' Text Favors Dynamic Interpretation
- Justice Kagan highlighted that Congress used defined drug schedules precisely to allow change over time.
- That textual choice supports applying the controlling definition at sentencing rather than freezing predicates at past schedules.
Use As-Applied Suits To Force Medical Clarity
- When laws create medical ambiguity, affected patients and doctors should pursue as-applied challenges for clarification.
- Don't assume regulatory bodies will act; bring targeted litigation to force clarity and relief.