SCOTUS on Homelessness, Trump Immunity, FTC Bans Noncompetes

Mike and Jay open the preview of this supporters’ exclusive episode with a discussion of oral arguments in Grants Pass v. Johnson, where the Supreme Court is considering the constitutionality of a local ordinance that bans sleeping outdoors. Mike has more of a problem with the ordinance than does Jay, and they agree that the Court is likely to issue an opinion that gives cities clearer guidance. They also discuss the underlying issue – the growing homelessness problem in the United States.

After that, they turn to oral arguments in Trump v. United States, where the Court is taking up the issue of post-presidential criminal immunity for official acts. Mike doesn’t think there should be any immunity for illegal acts, while Jay argues that it’s not always entirely clear where that line is.

They close with a look at the FTC’s new rule banning noncompete agreements. Mike argues that it’s a good idea that is in keeping with market principles, though he doesn’t think the FTC has the legal authority to make the rule. Jay agrees with the lack of authority, and questions whether a ban is all that good of an idea in any case.

Check out Mike’s other podcast, Sustainable Planet.

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