10/6 The New SCOTUS Term: What’s On The Docket, Shadow Or Otherwise

October 6, 2021

Sam and Emma host Mark Joseph Stern, staff writer at Slate, to discuss the new Supreme Court term, and what it holds for the justices and the country at large. Dialing in on three upcoming cases, Mark, Emma, and Sam explore how the upcoming term could see a complete deconstruction of reproductive rights, the administrative state, and any attempt at gun control legislation, now that the swing vote lies in Justice Kavanaugh’s lap. Starting with Roe v. Wade, they dive into Mississippi’s challenge to the viability rule, and why, despite MS’s attempt to prohibit abortions past 15 weeks, the Court calling their legitimacy into question no matter what likely will encourage them to dismantle Roe in general, rather than slowly dicing it up. Next, they move on to AHA v. Becerra which puts the Chevron Doctrine and Administrative State on the chopping block. First, Mark takes the time to explain what this doctrine actually is, allowing Congress to delegate the specific regulatory numbers to the relevant agencies, whether it be the EPA determining the PPM limit on Mercury in the Air, OSHA writing health regulations in the workplace, DHHS working to set drug prices, or literally any other element of the executive branch’s ability to administrate. The last case they cover is New York State Rifle & Pistol Association Inc. v. Bruen, which seeks to expand the 2008 ruling of DC v. Heller that redefined the Second Amendment to apply to individuals, rather than militias, working to move the right to concealed carry into the spotlight. Mark, Emma, and Sam also dive into how Trump’s and McConnell’s focus on the district and circuit courts, not to mention SCOTUS, has given the Republican agenda a perfect route to judicial implementation, before wrapping up the interview with a discussion on the few options for Democrats to prevent the judicial branch’s infringement on democracy. Sam and Emma also touch on the developing Kelloggs strike, as well as Biden’s sudden turn on the filibuster now that keeping the legitimacy of the debt ceiling has come into the fold.

And in the Fun Half: The MR crew reflects a bit on the absurdity of the coercion of abortion patients by the state, including translating electrical frequencies to audio and forcing the patient to listen, and Jeremiah from Tennessee discusses the role of adoption in the abortion debate, before Ronald Raygun and Sam get into a debate over the reproductive capabilities of… apples. Sam, Emma, Matt, and Bradley then admire the production that is the Progressive Anti-Abortion Uprising’s new commercial that takes on the redistribution of oppression from actual oppressed people (Black and Brown folk, Trans folk, etc, etc) onto the TRUE oppressed class (embryos). They also touch on the self-destructive capacity of the Democratic party, and discuss the importance of anti-trust law and valuing Elizabeth Warren in this fight. Sam from Indiana wraps up the show with a weird debate on individual rights, bodily autonomy, and gun ownership, plus, your calls and IMs!

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