Corner Post and the Assault on the Administrative State

Queer PoliFaith

Welcome to today's episode of Queer PoliFaith. Today we are talking about the case Corner Post, Inc. v. Board of Governors of the Federal Reserve System. This case, when coupled with the Loper Bright case we talked about last episode, shows how the conservatives on the Supreme Court have decided to use the courts to launch an assault on the administrative state that has been brewing since at least Ronald Reagan's election in 1980.

As a resulr, there is not a lot of time spent talking about the specifics of this case. Rather, while I do spend some time talking about the decisions, and read whole paragraphs from Justice Jackson's dissent, I spend more time looking at how this decision fits in with other aspects of the assault on the administrative state and how the conservatives on the Court seek to fashion the rules around what they prefer rather than longtime precedent and rules promulgated by executive agencies.

Our next episode, which will be coming out on September 19th, will be about the case Ohio v. EPA.

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