April 1, 2019
Listen to the Episode
From The Official Website:
Today’s classic, deep-dive Tuesday takes an in-depth look at two critical issues in the news: first, the recent effort by the Republican governor and state legislature in Florida to undo the broadly popular Constitutional Amendment passed during the 2018 midterms to restore voting rights to felons who have completed their sentences, and second, the Supreme Court’s next assault on the “administrative state,” this time, by likely ending the doctrine of Auer deference.
We begin with an update about pending oral arguments before the Supreme Court, as well as a notice that this episode was bumped from last Tuesday to make way for our emergency Barr Summary episode.
Then, it’s time for a deep-dive into Florida, the process of citizen-driven ballot initiatives, and exactly what the state legislature intends to do to undermine the will of the public.
After that, it’s time for yet another deep dive, this time into Kisor v. Schulkin, which is currently pending before the Supreme Court, in which the petitioners have asked the Court to flat-out overrule yet another well-established conservative doctrine simply on the grounds that the Federalist Society doesn’t like it.Then, as always, it’s time for the answer to Thomas Takes The Bar Exam #120 regarding a light touch on the bus. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
Show Notes & Links
- In the pre-show, we discuss gerrymandering, which we last talked about in depth in Episode 251.
- We mentioned the Washington Post story about the DC City council overturning the $15/hr minimum wage initiative.
- This is the text of PCB CRJ 19-03, the Florida bill under consideration. And here, by the way, is the link to Andrew Gillum’s voter registration initiative, Bring It Home Florida.
- We’ve never talked about Auer deference before, but we have discussed Chevron deference at great length, most recently in Episode 136.
- You can click here to read Auer v. Robbins, that 9-0 liberal decision authored by noted socialist Antonin Scalia.
- Finally, click here to read the underlying CAFC-Opinion in Kisor v. Schulkin.
Law Talkin' Stuff
Law Court Thingies
- Auer v. Robbins 519 U.S. 452 (1997)
- Kisor v. Schulkin
Magic Law Words
People
References
Topics
Content
- [00:00:00] Intro
- [00:03:25] Pre-segment about gerrymandering cases
- [00:11:30] Breakin' (Down) The Law Amendment 4 in Florida
- [00:15:00] Article 6 Section 4
- [00:16:50] What the republican legislator has done
- [00:22:25] Primary remedy
- [00:22:45] What the bill does
- [00:25:35] Commercial
- [00:27:45] Back
- [00:30:35] Commercial
- [00:35:50] Andrew Gillum campaign chest
- [00:38:00] Deep Dive Auer Deference
- [00:40:00] Auer v. Chevron
- [00:49:20] Kisor v. Schulkin
- [00:58:00] Steel man version of the argument
- [01:01:00] Counter argument
- [01:08:50] New Patron Tuesday
- [01:12:55] Thomas Takes The Bar Exam
- [01:16:15] Outro
(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)
Follow up
- OA266 Auer deference and Kisor v. Schulkin update