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
Recent Episodes
Short Circuit 375 | Unsympathetic Clients

Constitutional rights protect everyone, even people we might not be terribly fond of. This week we discuss two defendants who perhaps don’t deserve a lot […]
Listen NowShort Circuit 374 | Content-Based Dancing

All kinds of constitutional goodies this week, from sovereign immunity to the First Amendment right to dance. But we begin with our annual Kentucky Derby […]
Listen NowShort Circuit 373 | Live from Denver Law!

Short Circuit went mile high for a live show before the students at Sturm College of Law at the University of Denver. The focus was […]
Listen NowShort Circuit 372 | VHS Privacy

An old friend returns to Short Circuit, but it’s not a guest. It’s a case, Villarreal v. City of Laredo, where police retaliated against a […]
Listen Now