Ron Coleman: The Supreme Court's Reining in Administrative Power; Swamp-Draining Time?

The Supreme Court ended Chevron deference, marking a significant shift in administrative law. As Ron Coleman noted, "After experimenting with our lives for a generation, the Supreme Court (now made up of entirely different personnel) says, ‘No, Congress, that was a mistake. Congress has to write the laws in a way that makes it clear what can and cannot be regulated and what each agency has the authority to regulate’." This decision curbs regulatory overreach and in-house judicial systems that agencies had developed. "These agencies continue to have their own in-house judicial systems where the (prior) Supreme Court via Chevron case effectively said, “You guys are (your own) judges."

In other cases,
The Court also restricted the SEC's ability to impose large fines through internal proceedings, preserving the right to jury trials (SEC v. Jarkesy). Both of these rulings signal a shift towards reining in administrative state power: “it's going to be easier to do after Chevron."
Trump's immunity case was remanded for further proceedings, highlighting the complexities of presidential immunity.
The Murphy v. Missouri decision disappointed free speech advocates, leaving questions about online free speech unresolved.
The Court also narrowed the use of an Enron-era statute against January 6th protesters.

Political discussions touched on potential Democratic strategies for 2024, including speculation about replacing Vice President Harris. Coleman commented on political allegiance, saying, "People whose religion is the Democratic Party, Blacks, Jews, abortion enthusiasts, alternative sexuality and fans. It's all about the power."

The conversation addressed the tendency to rely heavily on court decisions while emphasizing the importance of continued civic engagement. Coleman stated, "We do tend to be really pessimistic about things, and it's understandable why. But I do think that there's a lot to be said for patients and realizing that not every single institution has been hopelessly destroyed."

International topics included UK politics and Israel's security challenges. Throughout, Attorney Coleman stressed the need for patience and persistence: "The fights that we can fight and that we do fight sometimes end up making a difference. And it's slow and it's frustrating just how little the court, the courts that matter, do what they ought to be doing. But marginally, every little victory adds a little bit more reason to be hopeful."