WARNING: The Right-Wing Justices Are Just Getting Started

The US Fifth Circuit court of appeals is very conservative. Their decisions could soon find their way to the right-wing Supreme Court. Cases that could decide whether or not the federal government can regulate anything.

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Been some of these outlandish opinions out of the fifth circuit and other places that have imposed nationwide injunctions. saying you can't do x y and z anymore. I like you you can't have you can't have a policy that's protecting people undocumented immigrants from deportation for example. That's not what happened in this case. In this case, the fifth circuit vacated the ruling concerning George Jarcasie in particular without actually taking away the sec structures entirely. But if that holding stands up it's going to have the consequence that the sec is constitutionally void or at least vulnerable in certain key respects with regard to its enforcement powers. and that could be applied to other agencies. as far as this case, in particular, the fifth circuit will have the opportunity to take this decision on banc. which means that instead of a three-judge panel which is who ruled in this case it could go before the whole fifth circuit and they could decide whether or not you know that this opinion was rightly decided. and you know again the fifth circuit as a whole is still very conservative. so you know there's not a whole lot of security in that possibility. and ultimately this case can get appealed to the supreme court. and the supreme court you know I may decide it wants to take it. and if it decides that it wants to uphold any one of these three conclusions that the sec's authorities are unconstitutional it's going to have major destructive consequences for federal government regulation and the welfare state as a whole. and I'll just I just want to you know to point out this is just for your listeners this is a big front in what's happening in this legal battle right now. which is that the the the republican party and the conservative legal movement's opposition to the welfare state and opposition to federal regulation often takes the form of making these procedural objections. so it's hard to get Congress to get rid of the secure securities laws. because people understand that securities fraud is a bad thing. It's hard to get Congress to get rid of the clean air act. It's easier once you've stacked the bench with right-wing justices to get them to say look at various ways these agencies act are unconstitutional and that accomplishes the same result.