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Opening Arguments

OA266: Auer Deference & Florida Felons

Opening Arguments

Opening Arguments Media LLC

Atheist, Law, Politics, News, Harvard, Supremecourt, Legal, Opinion, Liberal

4.33.7K Ratings

🗓️ 2 April 2019

⏱️ 78 minutes

🧾️ Download transcript

Summary

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!

Appearances
Andrew was recently a guest on Episode 19 of the Glass Box podcast discussing this same subject (but with respect to Utah).  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1.  In the pre-show, we discuss gerrymandering, which we last talked about in depth in Episode 251.
  2. We mentioned the Washington Post story about the DC City council overturning the $15/hr minimum wage initiative.
  3. 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.
  4. We've never talked about Auer deference before, but we have discussed Chevron deference at great length, most recently in Episode 136.
  5. You can click here to read Auer v. Robbins, that 9-0 liberal decision authored by noted socialist Antonin Scalia.
  6. Finally, click here to read the underlying CAFC-Opinion in Kisor v. Schulkin.

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And email us at openarguments@gmail.com

 

Transcript

Click on a timestamp to play from that location

0:00.0

We find a defendant incredibly guilty.

0:19.8

I found his ultimate chicken sandwich on Brio's bon-to-be guilty of being delicious.

0:31.0

What section of the Constitution has been breached?

0:34.0

There is no one section.

0:37.0

It's just the vibe of the thing.

0:45.0

Objection, Your Honor.

0:46.0

What?

0:47.0

He's leading the witness.

0:48.0

To save.

0:49.0

And break our boat's lawyers.

0:55.0

Welcome to Opening Arguments,

0:56.0

the podcast that pairs an inquisitive interviewer with a real-life lawyer.

0:59.0

This podcast is sponsored by the law offices of P. Andrew Torres, LLC for entertainment purposes,

1:05.0

is not intended as legal advice and does not form an attorney-client relationship.

1:09.0

Don't take legal advice from a podcast.

1:17.0

Hello and welcome to Opening Arguments, Episode 266.

1:20.0

I'm your host Thomas Smith, out over there as Andrew Torres.

1:22.0

How are you doing, Andrew?

1:25.0

I am fantastic.

1:26.0

I am really excited to get this episode out to folks.

1:29.0

We had to push it back a week, but I think it's still good.

1:32.0

Absolutely.

...

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