US Supreme Court Is Your Right Wing Nightmare.

Just how right-wing is the Supreme Court and what are the goals of the conservative justices?

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Sam: I have one more question on the nondelegation doctrine since you're teaching it since you're teaching it today. when you look at this like do you have a sense as someone who or watches the supreme court as intently as you do. Do you have a sense of what their plan is? like you do like you say breadcrumbs but really in many respects it's like building blocks right? or in this instance, they're building building blocks to tear something down. but what do you anticipate? Do you have a notion of what path they would take? like in other words here I can anticipate in this case you know they did this with the OSHA thing with the vaccine mandates they didn't seem to hit on necessarily any big principle. but they weakened and they narrowed what constituted a workplace threat right? I mean they basically said a workplace threat has to be unique to the workplace as opposed to the idea of coming to work increasing a threat that may exist outside in society. and you know the implications of that are pretty huge, right? Like well, guns are dangerous outside of society so you can't say that people just waving a gun around at the workplace is dangerous. because it's dangerous if you go outside. but it's not necessarily the relationship between congress and OSHA let's say what do you anticipate they're going to try and do with this case to ultimately get to that point where they severed the ability of an EPA of an FDA of an sec of I mean we could just go on and on to use their expertise to carry out the spirit of a law that is passed by congress?

Guest: right so this is the thing I don't think it is one case in particular. I think any case that gets there, that is an administrative law case the court is going to use, at least the conservatives on the court are going to use any principle that they can pull out to actually dismantle it. and so one of the things we saw was this sort of quote-unquote major questions doctrine. the idea that if there's a major issue that congress wants a regulatory agency to tackle they'll give them very clear and explicit authority to do that. and that sort of the broad language giving a broad discretion to an agency is not enough. Now you talk about the nondelegation doctrine and that's the idea that Congress cannot give too much of its power or a certain portion or type of its power just to administrative agencies. and so you know where we need technical expertise and sort of careerists to actually guide what our everyday regulations look like. they're not going to be able to do that because congress obviously doesn't legislate at that granular level.