any right, title, claim, lien, or demand” also empowers the agency to cancel federal student loan debt. Education Department lawyer Toby Merrill argues that a provision in the Higher Education Act of 1965 that allows the secretary to “compromise. The justices instructed lower courts to look skeptically on administrative agencies’ claims to divine “in a long-extant statute” a transformative power Congress never expressly delegated. Environmental Protection Agency, the Supreme Court last month struck down President Obama’s Clean Power Plan. But his regulatory monsters will likely run into a judicial buzzsaw. His administration has been trying to bypass Congress at nearly every turn, from student-loan forgiveness to a backdoor electric-vehicle mandate. “It’s now time for executive Beast Mode,” Rhode Island Sen. Joe Manchin standing in the way of a big tax-and-spending bill in this Congress and Republicans likely to flip at least one chamber in November, Democrats are urging President Biden to impose his agenda by fiat. He writes about the issues at the core of this conversation, and last year he testified before President Biden’s Commission on the Supreme Court to discuss potential ways to reform the highest court in the land. So I invited Niko Bowie, a Harvard Law professor and a former clerk for Justice Sonia Sotomayor, to join me for an episode of Vox Conversations. Now that we’ve had some time to process not just this case but some of the other extreme opinions from the Court’s most recent term - on everything from gun rights to environmental regulation - I wanted to bring on an expert to help us think it all through. Whatever your politics, and whatever you think of abortion, this much is clear: The Court made a choice to unsettle established law and shake up the tectonic plates of American society. Wade, a massively consequential decision and arguably a watershed moment for the Court. Has the Supreme Court lost the American people? We’re more than a month removed from the Supreme Court overturning Roe v. How to save democracy from the Supreme Court Consider the great justices appointed by Franklin Roosevelt. Or does it reflect a more benign aspect of current elite higher education, namely the broad range of students accepted? Above all, does it matter for the functioning of the federal judiciary? Seen in historical context, the presence of so many justices from just two law schools is striking. This rankles some politicians, watchdog groups and others who see it as an outrageous manifestation of elitism that needs to be changed, given how much power this small group has over the lives of 329 million Americans. So did nearly a fifth of the federal judiciary. And That’s OK.Īn op-ed by Noah Feldman: Eight out of nine Supreme Court justices went to Harvard or Yale law schools. So I think that it’s never been in greater danger or more dangerous.Ĭontinue Reading at The Washington Post » There’s a Lot of Harvard and Yale on the Supreme Court. And, in a way, because we even find Justice Thomas going back and citing Dred Scott favorably in his opinion on firearms, the court is dragging the country back into a terrible, terrible time.
I have no doubt that the court is at a point that is far more dangerous and damaging to the country than at any other point, probably, since Dred Scott. Do you consider the Supreme Court to be in crisis now? Yes. Supreme Court and served on President Biden’s bipartisan Presidential Commission on the Supreme Court of the United States. Tribe has argued dozens of cases before the U.S. Current Supreme Court is damaging to the country, law scholar warnsĬonstitutional law scholar Laurence Tribe, 80, is a professor emeritus at Harvard University, where he has taught since 1968, counting among his former students Barack Obama, Elena Kagan, John Roberts, Merrick Garland, Jamie Raskin, Adam Schiff and Ted Cruz.
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