Antonin Scalia

Is America ready for its first DEI president?

Nobody ever talks about this anymore, but there was a time when Democrats were floating Kamala Harris as a potential Supreme Court pick. Shortly after the death of Antonin Scalia, the Los Angeles Times published an article about how she may be on Barack Obama’s shortlist. Speculation reached a “fever pitch,” they reported. Harris said she was flattered by the consideration, even as she declined the opportunity. That’s a footnote in American history that’s worth revisiting, now that Election Day is almost here. Imagine the kind of people who would tell us, with a straight face, that Kamala Harris should replace Antonin Scalia on the Supreme Court. On the one hand, you have one of the leading legal minds in all of American history.

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Why the death of Chevron matters

Chevron is dead. Many will mourn its passing. Forty is too young, they will say, for a doctrine to have done its work in enabling bureaucrats to decide for us the meaning of laws and the nature of reality. But the US Supreme Court has overturned Chevron in a landmark ruling in Loper Bright and Relentless, cases named after fishing boats which regulators drove toward extinction. It is appropriate, as Justice Gorsuch phrases it in his concurrence, that “the Court places a tombstone on Chevron no one can miss.”   The powers of the bureaucracy reined in by the new ruling may seem subtle or benign. The Chevron doctrine was that when the terms of a law are ambiguous, regulators in administrative agencies have the power to define the meaning of the law and its application.

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Fill the seat

When you have power in Washington DC, use it. That saying is true for both parties. There has been much distress on social media in the past few hours, with people declaring that a Supreme Court vacancy prior to this election will tear the country apart, putting unimaginable stress on the Republic as it attempts to hold together in the face of Trumpism. TikTok users are screaming into their phones while driving. CNN personalities are threatening to ‘burn the entire thing down’ if Mitch McConnell attempts to push through a nominee. Writer Laura Bassett proclaimed that ‘if McConnell jams someone through, which he will, there will be riots.’ That seems a threat more than a prediction.

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