The hallmarks of iconic Supreme Court decisions are timeless. Each reading of this opinion imparts new insights and offers new lessons for our Constitution. Every semester when I prepare a case like this Marbury or McCullochI learned something new.
Chief Justice Roberts, however, held the opposite view. Better read it once. After reading it for the first time, you will be completely convinced that Roberts’ analysis is not only the best answer (using Loper Bright frame), but only This is the conceivable answer, since any contrary position is unfounded. This is the first time reading.
But the second, third, fourth time you read about Roberts’ decision, all the bells and whistles and window dressing start to fall off. You realize that John Roberts never stopped being an effective advocate, and he remains an effective advocate. Now, the client is what John Roberts himself thinks the Supreme Court should be. All discussions of “institutionalism” are always introspective – what does John Roberts himself think the Supreme Court should be like as an institution?
this is how i read Loper Bright. On first reading, I was impressed by the rigor of the analysis. He did it all in about 30 pages – no mean feat! He involved all members of the court. Whatever the impulse, Judge Barrett must “Kisorize” Chevron It seems to have been eliminated by the strong opinions of the chief. (I need to think more about why Barrett didn’t write the letter separately, because Loper Bright join seems to undermine some of her recent views).
But when I think hard Loper Bright The majority opinion is a few days old and the wheels are starting to come off.
Then again, Roberts’ prose is lovely. This quote is one of my favorites: “To any landlubber, ‘F/V’ is just a code name for a fishing vessel.”
