On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Is affirmative action in college admissions constitutional? Is it time to kill the bar exam? Should social media face special legal scrutiny? What are law firms doing to fix their lack of diversity? This podcast, hosted by Matthew S. Schwartz, was the winner of the American Bar Association's Silver Gavel Award for Media and the Arts.
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On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Is affirmative action in college admissions constitutional? Is it time to kill the bar exam? Should social media face special legal scrutiny? What are law firms doing to fix their lack of diversity? This podcast, hosted by Matthew S. Schwartz, was the winner of the American Bar Association's Silver Gavel Award for Media and the Arts.
For decades, generations of schoolchildren linked to the video on the Schoolhouse Rock YouTube channellearned from Schoolhouse Rock that bills become laws through careful committee work, open debate, and thoughtful compromise. But as today's episode of UnCommon Law makes clear, that tidy version of lawmaking no longer reflects reality. Instead, leaders often craft omnibus bills in back rooms and create deliberately vague laws that punt hard decisions to federal agencies. But with the Supreme Court's Loper Bright decision ending 40 years of judicial deference to agencies, critics say Congress can no longer hide behind this broken system.
In this season finale, we hear from a current and a former senator on opposite sides of the aisle who both argue that Congress must reclaim its constitutional role. They agree that decades of delegating authority to agencies has weakened the legislature, but they diverge on what should happen next. Should lawmakers strip out vague catchall words to limit agency discretion? Or should Congress work more closely with agencies to ensure workable, expert-informed legislation?
But can a deeply polarized institution actually change? While both senators agree on some solutions, they differ sharply on whether a different approach is even possible in today's political climate. On today's episode, we explore whether Congress can reclaim its constitutional role.
Featuring:
Sen. Eric Schmitt, R-Mo.
Former Sen. Heidi Heitkamp, D-N.D.
UnCommon Law
On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Is affirmative action in college admissions constitutional? Is it time to kill the bar exam? Should social media face special legal scrutiny? What are law firms doing to fix their lack of diversity? This podcast, hosted by Matthew S. Schwartz, was the winner of the American Bar Association's Silver Gavel Award for Media and the Arts.
