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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

Agencies on Trial

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 11 November 2022

⏱️ 45 minutes

🧾️ Download transcript

Summary

This week the Court heard arguments in two major cases involving challenges to executive-branch agencies, and another race case involving a federal statute that restricts adoption and foster placement for Native American Children. Your hosts discuss those arguments, and then Zack interviews former ambassador and double SCOTUS clerk Chris Landau. After that, Zack grills GianCarlo with some very tough historical trivia.


Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to scotus101@heritage.org.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.6

I'm John Carlo Conoparo. I'm Zach Smith.

0:08.6

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court,

0:13.5

what the justices are up to, and other things related to our favorite branch of government.

0:20.7

Welcome back to SCOTUS 101. The court had another related to our favorite branch of government.

0:22.9

Welcome back to SCOTUS 101.

0:28.8

The court had another big week of oral arguments, and although it hasn't issued any opinions yet,

0:33.1

we did have a few noteworthy orders. G.C., what can you tell us about those?

0:45.7

Starting off, the court denied Susserari in a case called Buffington v. McDonough, a case out of the Federal Circuit that squarely presented the question of whether the Supreme Court should overrule Chevron v. Natural Defense Counsel.

0:55.1

Chevron is the case that created Chevron deference, a doctrine that says that when a statute is ambiguous, courts must defer to executive agencies' interpretations of it so long as the interpretation is reasonable. It has come under a relentless and withering barrage

1:01.1

of criticism and the court has significantly limited it but has not overruled it. Justice Gorsuch

1:07.5

issued a solo dissent from the denial and said that the court should have taken the case and should give Chevron, quote, a tombstone no one can miss.

1:15.4

There were two other interesting dissents from denial of cert. One involved a dissent from denial by Justice Clarence Thomas in Clending v. United States, where he criticized the court's refusal to take up a case where it was being

1:29.1

asked to do away with the Farah's doctrine, which prohibits service members from recovering

1:33.9

for their injuries under the Federal Tort Claims Act. Thomas described the Farah's doctrine as,

1:39.0

quote, an atextual policy-based carve-out that heartily deserves the widespread, almost universal

1:45.9

criticism it has received. Justice Gorsuch also dissented in a different case, Karami

1:51.9

v. Arizona, where the court was being asked to decide whether a 12-member jury is constitutionally

1:58.1

required. Karami had been convicted in Arizona state court by an eight-member jury for serious offenses.

2:05.1

Gorsuch said that in his view, quote,

2:07.4

a mountain of evidence suggests that both at the time of the Sixth Amendment's adoption

2:11.6

and for most of our nation's history,

...

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