We Need To Talk About Jurisdiction Stripping
Summary
Strict Scrutiny hosts Lev Menand and Lina Khan discuss reforms to limit the Supreme Court’s power over federal agencies. They critique the Court’s expansion of judicial authority and the use of venue shopping and standing loopholes by corporate interests to block regulations. Proposed solutions include creating a specialized administrative law court, stripping the Supreme Court of jurisdiction over arbitrary and capricious review, and tightening venue and standing rules to prevent forum shopping.
Topics discussed
Intro: Texas Ten Commandments law and Supreme Court fight
Sponsor segments: ChatGPT and Brews Cruise
Welcome and introduction of guests Lev Menand and Lina Khan
Overview of two SCOTUS reform topics: statutory interpretation and dockets
Discussion on judicial legitimacy and public perception of justices
Critique of courts acting as a veto on Congress (Article 1 vs 3)
Lina Khan's experience with FTC rules blocked by federal judges
Why limiting SCOTUS statutory interpretation authority is a reform goal
Proposal for a specialized administrative law court (French model)
Examples of non-constitutional administrative law cases (EPA, TSP)
Reforming venue rules to stop forum shopping in Texas
Reforming standing rules and anonymous corporate affidavits
Sponsor segments: Alloy Health, Jolie, and Buie
Debate on jurisdiction stripping vs. specialized courts for admin law
Nuances in arbitrary and capricious review and notice-and-comment
Tailoring fair process for different types of government actions
Legislative paths for reform: Federal Rules and APA amendments
Feasibility of reforms given current Supreme Court composition
Additional reforms: Court expansion, preemption, and arbitration
Least favorite decisions last term and recommended reading
Outro, credits, and final sponsor segments
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