Zombified

The first use of the term in a Supreme Court opinion, in today's concurrence by Justice Gorsuch in the administrative agency deference case.

|The Volokh Conspiracy |

From Kisor v. Wilkie:

The Court cannot muster even five votes to say that Auer [a precedent calling for courts to defer to administrative agencies' interpretations of their own opinions] is lawful or wise. Instead, a majority retains Auer only because of stare decisis. And yet, far from standing by that precedent, the majority proceeds to impose so many new and nebulous qualifications and limitations on Auer that the Chief Justice claims to see little practical difference between keeping it on life support in this way and overruling it entirely. So the doctrine emerges maimed and enfeebled—in truth, zombified.

 

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  1. Wait, don’t zombies destroy civilization and live forever?

  2. This is not the first time the undead have appeared at SCOTUS:

    As to the Court’s invocation of the Lemon test: Like some ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening thelittle children and school attorneys of Center Moriches Union Free School District.

    Lamb’s Chapel v. Ctr. Moriches Union Free Sch. Dist., 508 U.S. 384 (1993) (Scalia, concurring)

    Ghouls, zombies. Maybe a mummy or two can make an appearance.

  3. The biggest zombie in Washington is what’s left of the once-proud filibuster. Republicans insist that it still lives, and shamble around holding up its dead corpse, insisting that it won’t be they who finally kills it. But it is a dead man walking, or being walked like the corpse in “Weekend at Bernie’s,” so that the Dems will have to “own” killing the filibuster when the officially pronounce it dead the next time they’re in the majority in the Senate and it suits them. But for this foolish enthusiasm for a zombie, the previous Congress might have been a transformational one, rather than a timid beast eking out a tax cut (via reconciliation) as its only real legislative accomplishment.

    1. “tax cut (via reconciliation) as its only real legislative accomplishment”

      Assuming one considers an unfunded, top-heavy, late-in-a-growth-cycle stimulus an “accomplishment.”

  4. What process results in someone becoming zombified?
    Zombification.

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