Marbury, Madison … and Yoo?

The men of Law Talk are getting Memorial Day weekend off to an early start with a spirited session in the faculty lounge. On the agenda: does a new Mississippi case mean Roe v. Wade is living on borrowed time? Does international law provide a remedy for a journalist’s imprisonment in Belarus? Or a potential lab leak in China? Will Florida get laughed out of court for attempting to regulate big tech on its own? And is the Supreme Court on the cusp of revolutionizing college sports? All that plus Professor Yoo has a gripe with President Biden that could go all the way to the Supreme Court, and Professor Epstein is … doing impressions of British economists?

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  1. Quickz Member
    Quickz
    @Quickz

    Haha. Great picture to go with a great episode!

    Ok, hearing Marbury v Madison brought up reminds me of a question that may have been touched on in a past installment, but here is my question for the Ricochetti & the Faculty Lounge (@richardepstein, @johnyoo, @troysenik):

    If McCulloch v. Maryland was somehow overturned/pared back – what would the effects be? How would a reinterpretation that the Fed. Legislature is *actually* limited to a set of specific enumerated powers unfold? A large number (majority?) of laws would be – what? Erased? Overturned? How would that unfold? Would each law have to be brought into court and overturned? Would the Legislature have to act to do this? Would Executive agencies compile lists of laws to be taken off the books? States would assert themselves somehow? All of the above?

    BONUS: What is an example of a SCOTUS precedent being overturned that had large, far-reaching effects as regards to existing statutory/laws/etc.? Some come to mind (Plessy v. Ferguson, Citizens United), but I’d love to hear from all y’all.

    DOUBLE BONUS: List your dream case to be overturned, mine (obviously?) will be McCulloch v. Maryland. There are so many to choose from though!

    • #1
  2. The Unreasonable Man Thatcher
    The Unreasonable Man
    @TheUnreasonableMan

    Another masterpiece- more laughs than Saturday Night Live, but without the frequent long boring parts.  Vetting for SCOTUS candidates evidently can cause hilarity to ensue.

    Richard’s discussion of Ronald Coase also caused me to rethink the opening for a presentation for tomorrow which now includes a Richard quote.  Perhaps Law Talk should introduce billable hours…

    • #2
  3. Nick Plosser Coolidge
    Nick Plosser
    @NickP

    Troy: “ahhh, we’ll make it work….maybe”
    R.E.: I know, we always do”
    Troy: “well….debatable.” 

    –One of the truly great opens ever recorded. That short exchange is why I never miss this show. 

    • #3