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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Episode guests

Justin Pearson

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Episode notes

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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.

Introduction

2min

Supreme Court Cases and Questions

7min

National Port Producers Council versus Ross: Exploring the Doctrine of Extraterritoriality

25min

The Binding Nature of Commentary in Applying Guidelines: Exploring Our Deference

4min

Regulation of Speech and Diet Speech

5min

Consequences of Non-binding Commentary and Retroactivity for Convictions

2min

Exploring the Consequences of Removing Race from Admissions

4min

What’s new in OT22? Quite a bit, it turns out. This is our sixth annual Short Circuit Live Supreme Court Preview from the University of North Carolina School of Law. Once again, the student Federalist Society chapter graciously asked us to visit and preview the upcoming term of the United States Supreme Court, with some lighthearted trivia, a deep dive into a couple cases already being heard by the Court, and a couple more that it might. As in past years, it’s Justin Pearson of IJ vs. Professor Andrew Hessick of UNC. One note for you listeners is that there’s questions from the crowd at the end (which were great!) but you can’t hear them on the podcast. However, don’t worry as our panelists helpfully repeat them for you. By the way, one of those questions comes from a mystery guest . . .

National Pork Producers Council v. Ross

Moore v. Harper

Kokesch v. Florida Dept. of Health

Moses v. United States

Book by the Mystery Guest (that you should read!)