Circuit Splits and Ongoing Pandemic Litigation

Just in time for Thanksgiving we have two extremely juicy opinions (from a judicial engagement standpoint), one about the right to earn a living and one on the nondelegation doctrine. First, it’s our old friend Jeff Rowes of IJ who discusses how the Fifth Circuit ruled against a tanning salon that didn’t want to be shut down during the pandemic, but where the court really didn’t seem to want to. And then there’s a concurring opinion that’s all about how the right to earn a living is “deeply rooted.” Then, Trace Mitchell of IJ grabs the reins and takes us for a ride around nondelegation jurisprudence. It’s a case considering Congress’s decision to give governmental power to a private group as a method of regulating the horse racing industry. Giddy up!

Click here for transcript.

Golden Glow Tanning Salon v. City of Columbus

Nat. Horsemen’s Benevolent & Protective Assoc. v. Black

Short Circuit Episode on Kentucky right to earn a living case

IJ Nondelegation doctrine case