Dissed

Pacific Legal Foundation

Subscribe

Supreme Court dissents have it all: brilliant writing, surprising reasoning, shade, puns, and sometimes historic impact. Although they are necessarily written by the "losing" side, they’re still important: they can provide a roadmap for future challenges or persuade other justices. Sometimes they're just cathartic. In Dissed, attorneys Anastasia Boden and Elizabeth Slattery dig deep into important dissents, both past and present, and reveal the stories behind them. Twitter: @EHSlattery @Anastasia_Esq @PacificLegal Email us at Dissed@pacificlegal.org Hosted on Acast. See acast.com/privacy for more information.

Available episodes



Newest first

Oldest first

Jul 19, 2023

Lady Justice Isn’t Blind

Lady Justice is often depicted wearing a blindfold, signifying that judges are neutral arbiters of the law. Unfortunately, thanks for a judicial doctrine known as Chevron deference, the Supreme Court has required judges to peek from behind that metaphorical blindfold and put a thumb on the scale for the most powerful litigant in our nation: the federal government. In a case called Brand X, the Court took Chevron deference to its logical conclusion, allowing agencies to overrule judicial decisions. One dissenter wrote that this was not only bizarre, but it was probably unconstitutional. That view has been picking up steam in the past decade. Next term, the Court will hear a case asking it to overturn Chevron deference. Thanks for our guests Aditya Bamzai and Jeff Wall. Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod Hosted on Acast. See acast.com/privacy for more information.