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: [email protected] Be grace-full to each other.