Advisory Opinions Guess Who's Back? (It's Sarah, Sarah's Back)
Sep 28, 2023
Sarah, returning from her first maternity leave ever, discusses the Supreme Court's redistricting decisions, the implications of Justice Kavanaugh's vote, and the connection to affirmative action. They also explore the concept of Chevron deference, legal cases on funding mechanism and enforcement proceedings, and career advice for law students.
AI Snips
Chapters
Transcript
Episode notes
Clarifying 'Text, History, And Tradition'
- The phrase 'text, history, and tradition' creates confusion about the role of tradition.
- Jeff Rosen's split—text as original meaning and tradition as post‑founding developments—helps clarify its potential use.
Standing Problem In ADA Tester Suits
- Standing questions in ADA website-access suits raise whether 'testers' who never intended to visit have injuries.
- The Atchison case highlights circuit splits and misuse by high-volume filers that complicate Article III review.
Chevron Lives As A 'Zombie' Doctrine
- Chevron's fate remains uncertain but the Court treats it as a 'zombie' by avoiding finding ambiguity.
- Loperbright offers a vehicle to explicitly overrule or further neuter Chevron via narrowing ambiguity standards.