by that? this term has been like nothing i have ever seen, and nothing that most court watchers have ever seen. it has been both a kind of ends driven maximalist, swing for the fences, go for broke on everything kind of term, and i ve been thinking about this a lot in the last week, and it occurs to me that we ve been so institutionalized, that we tend to say, oh, there is a new test for gun regulations. there is a new test for abortion regulations, there s a new test for state regulation, they built a new test. today, they built a new test, this weird major questions doctrine, that is going to be going for it how you think about regulatory agencies. we make the mistake of as though there is a new test today. there is no new test, the test
didn t exist until it did, and now evidently it does. you wrote in slate, the latest piece about the court this term, and you said that quote, those arguing that the brand-new jurisprudence emerging this week is markedly more cruel, more overtly theological, more contextous of the regulatory state are all correct. tall to me about what you meant by that. this term has been like nothing i have ever seen, and nothing that most court watchers have ever seen. it has been both a kind of ends-driven maximalist, you know, swing for the fences, go for broke on everything kind of term, and i ve been thinking about this a lot in the last week, and it occurs to me that we ve been so institutionalized that we tend to say there is a new test for gun regulations, they built a new test, there is a new test for abortion
everything kind of term, and i ve been thinking about this a lot in the last week, and it occurs to me that we ve been so institutionalized, that we tend to say, oh, there is a new test for gun regulations. there is a new test for abortion regulations, there s a new test for state regulation, they built a new test. today, they built a new test, this weird major questions doctrine, that is going to be going for it how you think about regulatory agencies. we make the mistake of as though there isn t new test today. there is no new test, the test is whatever the court wants, the police always wins, religion always wins, women always lose, the condemned always die. and i think we are just making the mistake of treating this like doctrine. it is not doctrine. it is just a checklist of what s this conservative legal movement has always wanted. that s a big deal, coming from you. because, you watch this very
their shoelaces. i thinkk you can have three or four different opinions in your head . for example, you could admit that roe v. wade was a deeply flawed ruling and not only is it overturned, it s ending. that s the important thing. youan could also say, , it s been around for fifty years when something s been around for fifty years. why don t t you just let it t be all right? we re already used to it. we don tt want to upset the apple cart. bute the fact is we ve upset. a lot of apple carts that wearor don t like and things that have been around for hundreds of yearseae that we changed we fout a war over something okay, you can be i don t know, you could be confident even if you re pro-choice, you could be confident that this will be settled state by state and it might even life will even go on for some unborn children, which will be really, really nice if you don t like covid regulations, you can vote in new politicians or you can move to florida if you don t like your abortion regula
holding. and spelled out in greater detail the test that the court uses to consider the look galaxy of abortion regulations. tonight s last word is precedent. the 11th but hour with stephanie ruhle starts now. hle starts now tonight, the fate of federal abortion rights remains uncertain, as a key vote fails in the senate. so, what is next? plus, new details on the plot to overturn the 2020 election. reporting on the push to try to re-tabulate pennsylvania s popular vote and tossed out thousands of absentee ballots. plus, our exclusive interview on the future of work. the bold new prediction from the ceo of airbnb about what is next for you, the worker, as the 11th hour gets underway on this wednesday night. good evening, once again, i