Chevron Deference Doctrine Deep Dive Part 5: Justice Thomas in Loper-Bright v. Raimondo 2024

Part 11. We're continuing from 13 January 2026, discussing the second subsection in his chapter 5 (The Relation of Ideological Tyranny to the Authoritarian State), called "The Demonism of Ideologized Christianity" based on the insights from a master observer of both types of totalitarian socialisms on the Left, national socialism -- sometimes called fascism -- and the kind of socialism that the Communists in East Germany and Russia had during the 1900s, during the life of Dr. Thielicke. (USSR meant Union of Soviet Socialist Republics). We go from pp. 62 to the bottom of p. 66 at the beginning of the next subsection. (See 13 Jan 2026, "Revelation 13...." for the last episode in this series). Our return guest today on The Republican Professor Podcast is the former professor of Theology at the University of Hamburg in West Germany, Dr. Helmut Thielicke, Ph.D., D.Theol. (Philosophy and Theology). Professor Thielicke once again joins us through his teaching in his Theological Ethics, Vol. 2: Politics. My copy was purchased at Old Capitol Books (new location) in Monterey, California, across from Nick the Greek restaurant on Alvarado Street (their old location was 559 Tyler, Monterey, CA, across from the Peet's Coffee and was formerly Book Haven for many years), and is a hard copy published in 1969 by Fortress Press and edited by William H. Lazareth. Thielicke died before he was able to come on to The Republican Professor Podcast. We thank Fortress Press for making the book available. Check out their catalogue for a full listing of their very interesting titles, and buy one. Get a copy of this for yourself and following along in our transformative, performative reading of it as we make fair use on his insights, with fresh scholarly commentary from me, and allow it to shape our understanding of American Politics. This is part 11 in a series on The Republican Professor Podcast, an introduction to theological reflection on American government. Here, we continue the topic of the nature and power of "ideology" in Communist Socialist and National Socialist (sometimes called by others fascistic socialism/fascism). Our very special guest today is, once again, the esteemed and long-time Professor of Theology at the University of Hamburg, Helmut Thielicke. And I've invited Professor Thielicke to join us today through my transformative, performative reading (with my scholarly commentary upon) and fair use of his teaching on this topic in his magisterial "Theological Ethics, Volume 2: Politics." My copy of the book was published in 1969 by Fortress Press. Please buy a copy of the book and follow along with our study of this material. Please, please support your brick and mortar used book dealers as well. Professor Thielicke died before we were able to invite him in person as a guest on the podcast. Thanks to Fortress Press, the book is still in print and would be a valuable addition, indeed, to your personal library. Please support the work of Fortress Press and buy the book, and check out the other selections that they carry, as well. The Republican Professor Podcast is a pro-deeply-conversing-on-the-theological-aspects-of-the-nature-of-government podcast. Therefore, welcome Professor Helmut Thielicke ! The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. To financially support this podcast, comment on today's episode, or to make a suggestion for a topic or guest for the podcast or Substack newsletter, send an email to [email protected] . We'd love to hear from you. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/

Part 11: We're using the slip opinion this time, see below for a link. Why the Court's majority is wrong in Bostock v. Clayton County Georgia (2020) (part 11 in a series) about the faulty assumption that unexamined and unexplained transgenderism premises about sex and gender are properly included under "sex discrimination" language in Title VII of the 1964 Civil Rights Act --This continues to be a real hoot. Part 11: We continue our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it. We introduce Justice Kavanaugh's strong dissent (although there are a couple of issues, one kinda tacky, the other a bit more serious) grounded in the moral arc of separation of powers: to protect individual liberty. Justice Kavanaugh rightly concludes that the Court threatened individual liberty under the guise of protecting it -- a serious charge indeed -- and one I think is probably correct. We get through the bottom of his page 6 in the slip opinion of his dissent. Part 11. Today's episode begins with a Chaplain's corner: a reading from Psalm 3 in the ESV, and Streams in the Desert January 26th (Cowman Publications Lost Feliz Station Lost Angeles, Calif., non-woke original edition). https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf The Republican Professor is a pro-separation-of-powers-rightly-construed podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

We're continuing our discussion of The Trivium today in conversation with Sister Miriam Joseph, Ph.D., who joins us through her writing teaching ministry in "The Trivium: The Liberal Arts of Logic, Grammar, and Rhetoric" originally published in 1937. We're discussing the first section of her second chapter. That chapter is called The Nature and Function of Language. We'd like to thank Sister Miriam Joseph for writing this and we'd like to thank Paul Dry Books 2002 for making this particular edition available to readers (edited by Marguerite McGlinn). We're doing a fair use and transformative reading, and would encourage you to go out and get yourself a physical copy of this book. Whether used or new, or even a different edition, if you can find it, get the book, a physical copy you can hold in your hand, and follow along with the discussion. The Republican Professor is a pro-Trivium-done-right podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

Claremont Review of Books published an issue in Spring 2025 called "Let's Not Do That Again: President Trump's Trade War Could Have Ended Badly" on pp. 17 through 21. We're doing a fair use and transformative reading of the essay in one of my favorite publications. This is an engagement with an essay by Christopher Caldwell, one of my favorite writers on American Politics, The piece is accessible to the public at https://claremontreviewofbooks.com/lets-not-do-that-again/ Kesler, Editor of the CRB, was one of my Ph.D. professors at Claremont Colleges (4 courses). We want to thank Claremont Review of Books for making this material available. Go to ClaremontReviewofBooks.com to subscribe for a very reasonable price and get the hard copies with aesthetically pleasing artwork and thoughtful though accessible essays in your physical mailbox. The Republican Professor is a pro-Claremont-Review-of-Books podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

We continue our study of open carry in America's Constitutional tradition by spending more time today with Baird v. Bonta (2 Jan 2026, 9th Circuit) from the top of page 11 (Roman Numeral II) through to the top of page 27 (up to Roman Numeral V). The pro-Second-Amendment opinions, both of them that we take a look at, were written by Republican appointees (Trump, Republican US Senate). We will pick up at page 27 and Roman Numeral V next time. This episode and this series is dedicated to the memory of my closest first cousin, Little Dan Mountain Jr, closest in age by just a couple of weeks, who died a week ago today, last Thursday. I picked a topic that would bring a smile to his face and that would honor the bright spots in our childhood together in Colorado. The Republican Professor is a pro-Second-Amendment-in-California podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

Part 4 of a series on the history of Israel based on a fair use and transformative reading of "Israel and the Nations: From the Exodus to the Fall of the Second Temple" (Eerdmans, 1963) by FF Bruce. This episode includes interaction with his chapter IV entitled "Solomon and His Successors 970 to 881 BC" by the Rylands Professor of Biblical Criticism and Exegesis, FF Bruce, my intellectual and spiritual grandfather because he mentored my professor Bruce Demarest who himself studied under FF Bruce at the University of Manchester. We're going to do a fair use and make a transformative reading of this material. We'd like to thank Eerdmans for making it available and thank FF Bruce for writing it. It also contains multiple references to Deuteronomy 17. The Republican Professor is a pro-biblical-literacy, pro-Christmas, pro-quality-mentoring, pro-understanding-the-history-of-Israel podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

We're doing a fair use and transformative reading of part of an essay in one of my favorite publications. This is an engagement with an essay by Dr. Joseph M. Bessette, Ph.D., a member of my Ph.D. dissertation committee in Public Law and American Politics at The Claremont Colleges, one of my favorite professors like evar and one of my favorite writers on American Politics. The essay is entitled "Unmasked" in Fall 2025/Winter 2026 Claremont Review of Books pp,. 117-122 of the print edition. It's a review of the Princeton University Press monograph by Princeton professors Stephen Macedo and Francis Lee called "In COVID's Wake: How Our Politics Failed Us." Bessette was one of my Ph.D. professors at Claremont Colleges. We want to thank Claremont Review of Books for making this material available. Go to ClaremontReviewofBooks.com to subscribe for a very reasonable price and get the hard copies with aesthetically pleasing artwork and thoughtful though accessible essays in your physical mailbox. The Republican Professor is a pro-Claremont-Review-of-Books podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

We cover Justice Thomas' Concurring Opinion for the Court today for Part 5 (Episode 16) of this deep dive as we continue the Loper Bright Enterprises v. Raimondo (2024) decision that overruled Chevron (1984), Justice Thomas' concurring Opinion for the Court. We have one more part in this Deep Dive after this one to do the concurrence by Gorsuch. This is the 16th Chevron Deference Deep Dive episode we've done on TRP podcast since winter 2024. And here it is winter 2026. https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf (603 U.S. _____ (2024) of the Opinion of the Court written by Chief Justice Roberts. We will pick up with the Gorsuch's Republican concurrence in Loper Bright next time. Today's episode includes readings from Psalm 104 (RSV) and 25 January in Streams in the Desert (Cowman Publications Lost Feliz Station Lost Angeles, California 1925 non-woke original edition). The Republican Professor is a pro-correctly-articulating-separation-of-powers podcast. Donate a gift to keep the podcast going on Venmo at-sign no space TheRepublicanProfessor or https://buymeacoffee.com/lucasj.mather Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

This is Part 3. We want to thank Free Press for making this material available and thank D'Souza for writing it. Thank you, Dinesh. We continue our discussion of Dinesh D'Souza's Illiberal Education: The Politics of Race and Sex on Campus (NY, NY: Free Press, 1991) starting up at page 13 through to the end of chapter 1 called "Victims Revolution on Campus." We do a fair use and a transformative reading of a book I encountered in high screwel at Chatfield High Screwel in Jefferson County, Littleton, Colorado in 1991. I wrote an article about it in my high screwel newspaper, the Chatfield Charter. This is in a series of TRP backstory episodes on The Republican Professor podcast. I believe I originally used my paper route money to buy the book myself at Summit Ministries in Summer 1991 in Manitou Springs, Colorado. Thanks to my Grandpa Mather for sending me those 4 years. The book is "Illiberal Education: The Politics of Race and Sex on Campus" (NY, New York: Free Press, 1991) by a very young Dinesh D'Souza. We want to encourage you to buy the book either used or new. Throw some money at the publisher for the book to reward them for publishing good books. Follow D'Souza on social media and check out his films as well as his books. Get the book and follow along. We want to thank Free Press for making this material available and thank D'Souza for writing it. Thank you, Dinesh. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

This is part 6 in the series. (Part 5 was the episode on Dec 2, 2025). We're continuing our discussion of the chapter called "Sex." Chapter 3. We discuss his next sub-chapters starting at "The Feminine Mystique" on page 42 and going up to but not including the discussion of Roe v. Wade and the Supreme Court on page 53ff. This is a continuation of a transformative reading and fair use of Chris Caldwell's "The Age of Entitlement: America Since the Sixties" published by Simon and Schuster in 2020. We'd like to thank Chris Caldwell for writing it, Simon and Schuster for making it available, and encourage you to purchase your own physical copy of the book so that you can follow along. Please support brick and mortar book dealers, you local book dealers. I'd like to thank my former political philosophy student Matt Stone (Phil M03: Social and Political Philosophy at Moorpark College, Spring 2008) for purchasing my copy of the book for me and supporting TRP podcast. Let's foster a culture that values good authors and good books, physical books, and honors and rewards publishers for making those books available for us to read and to think about. Please support this author and this publisher. Also, support your local brick and mortar book dealer, dealers in physical books. The Republican Professor is a pro-political-phenomeonology-done-right podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.