Mike & Jay kick off the episode by discussing a bunch of topics related to the Supreme Court’s Dobbs ruling of two weeks ago, including President Biden’s latest executive order, state constitutions and reproductive rights, Mike’s novel interpretation of the Takings Clause, Trey & Ken as proponents of a “living Constitution”, and a lot more.
Next, they turn to the Court’s decision in West Virginia v EPA, a case in which Jay wrote one of the amicus briefs before the Court. They end up agreeing that the Court got it right on the merits, but Mike thinks the dissenters were right that the case didn’t present a live controversy for the Court to hear in the first place.
After that it’s another Supreme Court case – Biden v. Texas, concerning the Biden administration’s attempt to end the Trump administration’s “Remain in Mexico” policy for asylum seekers. While both Jay and Mike have sympathy for Justice Alito’s dissent (at least in part), they believe that the Court got it right and that the Biden administration can legally end the Trump-era program.
Following that is Mike’s brief interview with Jenna Spinelle, the host of a great new podcast on citizen initiatives called When The People Decide, more general thoughts on the Supreme Court’s latest term, and a look at the latest work of the January 6th Committee.
The McCourtney Institute for Democracy
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