EP103: SCOTUS, Loper Bright, And No Regulation Without Representation - Gracearchy with Jim Babka

On June 28, the Supreme Court handed down its most significant decision since Dobbs. Loper Bright Enterprises v Raimondo ended a 40 year-old, court-created doctrine "Chevron deference." Around the same time and on top of that, there were two other decisions both trimming the vast powers of the administrative state.

And by listening to just this one episode, you'll likely know more about these SCOTUS decisions than any critic you meet.

Understandably, progressives were hysterical. But we practice the Steelman here. Jim Babka reacts point-by-point to three progressives making their case (against the Court and for Chevron deference) in an MSNBC program. We go into the exercise presuming that they're making their best arguments. But we show, that's not what they did. In keeping with Grace, Jim improves two of their arguments. Even better, Jim provides provides a constitutional solution that allows them to keep the experts involved.

Jim Babka has been nationally-quoted on the issue of bureaucrats "writing the laws" because he co-authored the Write the Laws Act, presently introduce in the Senate. Plus, his Downsize DC organizations filed an amicus brief in the Loper Bright Enterprises case. In it, they called for an end to Chevron deference. If you listen to this show...

YOU'LL get quick yet profound insight on three SCOTUS decisions, YOU'LL learn how congress and the regulatory state have worked up till now, and YOU'LL discover why this decision was good news instead of bad. YOU'LL ALSO learn why Tainted Meat is a myth and Leaded Paint is a shibboleth.

TRANSPARENCY
The MSNBC episode that we interact with is https://youtu.be/0RuYwbXJDBk

Carefully selected segments in this video are utilized under the Fair Use doctrine of U.S. copyright law. The fair uses here include criticism, comment, and teaching for non-profit educational purposes.

CHAPTERS
0:00 Theme
0:43 Describing Loper Bright Enterprises
4:20 Fifth branch of government?
6:55 Pass it to find out what's in it
9:23 Loaded language vs the Steelman
10:13 Judicial power grab, a mimetic phrase
11:27 Ambiguity becomes Expert power
12:19 Steelman - progressives care more
19:00 Congressional delegation of power
23:42 How is all that expertise working for us?
27:02 Regulatory capture or amakudari
32:57 Marbury v Madison
38:15 On tainted meat and leaded paint
42:29 Do progressives suck lead paint?
44:10 Grace for the bureaucracy and not for thee
46:35 Steelman - judicial review is progressive
50:30 Loper Bright and Corner Post
53:07 SEC v Jarkesy
54:52 Experts are still prominent
1:00:15 Constitutional ways to use experts
1:02:57 Bad for business?
1:07:39 Where is my flying car?
1:09:37 Impact of incentives on regulators
1:11:10 Loper Bright was a graceful decision

KEY LINK
The Write the Laws Act https://downsizedc.org/act/write-the-laws-act-2/

REFERENCED LINKS & CONCEPTS
Spike Cohen's Description of Chevron Deference https://x.com/RealSpikeCohen/status/1807513128479150478
You're Too Stupid - ZAP Mental Lever https://zeroaggressionproject.org/mental-lever/youre-too-stupid/
Upton Sinclair, The Jungle https://zeroaggressionproject.org/uncategorized/upton-sinclairs-the-jungle/
Austin Allred's thread https://x.com/Austen/status/1806755967637528762

Bill Protzmann is your moderator.

ZERO AGGRESSION PROJECT - https://zeroaggressionproject.org/ - is our sponsor.
But the views expressed are exclusively those of the participants, and not necessarily those of the board, staff, or supporters of the Zero Aggression Project.

Thank you to Randy Garbin for our amazing episode thumbnails: http://randygarbin.com/

We are grateful to Sergio at https://www.youtube.com/@KeysofMoonMusic for our intro theme.
► https://www.patreon.com/user?u=10500501
or
you can purchase his music on BandCamp:
► https://keysofmoon.bandcamp.com/
► If you have any questions please feel free to write to Sergio at: serjo.de.lua.music@gmail.com

Be grace-full to each other.