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Political Gabfest - The “Is The Major Questions Doctrine Bogus?” Edition

Slate News

Slate Podcasts

News Commentary, Politics, News

4.56K Ratings

🗓️ 7 July 2022

⏱️ 59 minutes

🧾️ Download transcript

Summary

This week, David Plotz, Emily Bazelon, and John Dickerson discuss the Supreme Court’s gutting of administrative authority in West Virginia v. EPA, the case coming next term that could upend U.S. elections, and the Highland Park shooting.


Here are some notes and references from this week’s show:

Julian Davis Mortenson and Nicholas Bagley for The Atlantic: “The Nondelegation Doctrine Is A Fable” 

Julian Davis Mortenson and Nicholas Bagley for The Columbia Law Review: "Delegation at the Founding"


Here are this week’s chatters:

Emily: Susan Elizabeth Shepard for Willamette Week: “A Student at an Oregon Community College Says Instructors Flunked Her for Being a Porn Actress. She’s Suing.

John: How Normal Am I?

David: Twitter thread about: Jaroszewicz, et al: “How Effective Is (More) Money? Randomizing Unconditional Cash Transfer Amounts in the US

Listener chatter from Jocelyn Frank: “Humanity’s First Cosmic Gallery of Children’s Art: What the Youngest Members of Our Young Species Most Cherish About Life on Earth


Tweet us your questions and chatters @SlateGabfest or email us at gabfest@slate.com. (Messages may be quoted by name unless the writer stipulates otherwise.)


Podcast production by Kevin Bendis.

Research by Bridgette Dunlap.


Hosted on Acast. See acast.com/privacy for more information.

Transcript

Click on a timestamp to play from that location

0:00.0

Hello and welcome to the Slate Political Gab Fest.

0:08.0

For July 7th, 2022, it's the Is the Major Questions Doctrine Bocus Edition.

0:23.3

I'm David Plotz of CityCast.

0:24.9

I'm in Vermont, not my usual haunt of Washington, D.C.

0:28.2

I'm in green and beautiful Vermont.

0:30.6

I'm joined, as ever, by Emily Bazelon of the New York Times Magazine and Yale University Law School in New Haven.

0:37.2

Hello, Emily.

0:38.3

Hey, David. And by John Dickerson of CBS News of everything at CBS, of all possible roles at CBS from New York City.

0:47.9

Hello, John. Even a Kaiser role. Oh, my gosh. You're representing World War I German interests on CBS.

0:55.9

I knew that CBS journalists were compromised.

0:58.6

I didn't realize how compromised they were.

1:00.6

Wow.

1:01.4

This week on the GabFest, a Supreme Court carousel.

1:04.7

First, how ginormous is the Supreme Court's decision to bar the EPA from regulating CO2 emissions in the way that they

1:14.1

wanted to regulate CO2 emissions. Then also how ginormous is the Supreme Court taking a case that

1:20.2

could overturn free and fair presidential elections. And then how will the Highland Park

1:25.7

shooting affect thinking about guns and vulnerable young people?

1:30.2

Plus, of course, we will have cocktail chatter.

1:33.1

This week, it's going to be all about newly minted and basically made up legal doctrines.

1:39.2

And the next topic, we're going to talk about something called the independent state legislature doctrine.

1:42.8

But first, something that sounds so flimsy that maybe somebody just made it up to win a middle school debate.

1:50.4

The major questions doctrine, Emily Bazelon, what is the major questions doctrine? How is it

...

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