Cato Podcast Shutdowns and Shadow Dockets
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Oct 2, 2025 Joining the discussion are Jeffrey Miron, a Harvard economics lecturer and expert on fiscal policy, and Thomas A. Berry, a constitutional studies director and Supreme Court editor. They dive into the implications of government shutdowns, questioning their actual economic impacts and potential for mass layoffs. The conversation spans legal challenges around layoffs, the Supreme Court's upcoming term, and critical constitutional issues, including the administration's approach to tariffs and independent agencies. Insightful debates on reform proposals and the judicial landscape make this a must-listen!
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Vought's Layoff Theory Is Legally Novel
- The administration's legal theory that shutdowns nullify statutory duties is legally novel and vulnerable.
- Even if legally shaky, executive action can take effect before courts unwind it, creating irreversible consequences.
Staff Cuts Can Harm Regulation Efficiency
- Cutting discretionary staff can slow regulatory processes and produce worse outcomes under current law.
- Staffing reductions to agencies like the FDA may worsen delays unless the underlying rules change.
Pocket Rescission Ruling Was Narrow
- The Supreme Court's pocket-rescission ruling was narrow and procedural, not a broad endorsement of impoundment.
- The Court focused on who may sue under the Impoundment Control Act rather than validating expansive presidential withholding powers.
