Short Circuit
Short Circuit 239 | SCOTUS Preview Live from UNC
Sep 30, 2022
Justin Pearson from IJ and Professor Andrew Hessick of UNC discuss Supreme Court cases ranging from property rights to anti-discrimination laws. They explore the complexities of the cases, predict potential outcomes, and highlight the importance of considering long-term impact. The podcast also delves into the regulation of speech, consequences of non-binding commentary, and potential outcomes of removing race from admissions.
50:02
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Quick takeaways
- The case of National Pork Producers Council v. Ross has the potential to challenge the binding nature of commentary on sentencing guidelines, which has been a topic of debate.
- The case of Moses v. United States may provide an opportunity for the Supreme Court to reevaluate deference to agency interpretations and impact the use of commentary in interpreting guidelines.
Deep dives
Heather Kouch Del Castillo's Diet Coaching Business and First Amendment Protections
Heather Kouch Del Castillo, a diet coach in Florida, is fighting a case in the 11th Circuit where she argues that her diet coaching is speech and should be protected by the First Amendment. The Professional Speech Doctrine, which used to consider paid speech as separate from protected speech, has been questioned and rejected in recent years. Kouch Del Castillo argues that her speech should not be considered incidental to her occupational licensing regulation, as the 11th Circuit claims. The case has potential for a Supreme Court review and might challenge the binding nature of commentary on sentencing guidelines, which has been a topic of debate.
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