A paranoid leftist law professor worries that the Supreme Court will destroy the federal government.
That is if a pending case is decided in the way he fears.
You see, this professor thinks that originalist “cherry picking” of the Constitution is going to undermine the regulatory state. What will we do without the SEC, FDA, OSHA, or a host of other unconstitutional federal agencies?
Who will keep us safe from harmful vaccines?
Or ensure that crooks don’t steal money from financial markets?
Or prevent workplace accidents?
Better yet, what will Congress do if it can’t punt every bit of its Constitutional responsibilities to the executive branch?
How would we go on?
His entire article contains the very tactics he accuses the other side of using: “They sprinkle in a few historical quotations, refuse to engage seriously with historians’ findings, and then declare that their right wing [or left-wing in the author’s case] policy preferences are dictated by the authority of history.”
His hysterical language and emotive response are common among progressive activists, but this piece is borderline insane.
No federal court is going to destroy the federal regulatory apparatus, not even the SCOTUS at this point.
John Roberts would never let that happen.
But it is red meat for hand wringing progressives who read the silly Atlantic Magazine.
And of course it made for great Podcast fodder,
I discuss it on Episode 907 of The Brion McClanahan Show.