Short Circuit

Institute for Justice
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Short Circuit Podcast

The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law. ij.org/short-circuit

  1. 3 DAYS AGO

    Short Circuit 342 | Kicked Out of the Libertarian Club?

    Economic liberty is in poll position. Or at least it won an early round victory in North Carolina. IJ attorney, and North Carolinian, Josh Windham reports on a recent ruling of the North Carolina Supreme Court about a racing track and the right to earn a living. Josh brings his knowledge of state constitutions and litigation tactics to tell this tale that began in the dark days of the COVID-19 pandemic. It also has a sovereign immunity angle that fans of IJ’s Project on Immunity and Accountability may enjoy. Then we have a special treat for fans of pizza—and, of course, that’s essentially everyone. What doesn’t include everyone, though, are those who enjoy having foreign websites track everything we do on our computers. Will Aronin of IJ tells us of a Third Circuit case that examines how various companies track users’ online activity while on the companies’ websites—including users ordering pizza. Is that tracking enough to mean you can sue the company in Pennsylvania? Well, we don’t know because the court didn’t allow the case to go forward. Will breaks it down while providing some strong views about invasions of one’s personal—and virtual—space, plus a throwback reference to shrinkwrap licensing. And did you know that on any given day 13% of Americans are eating pizza? Kinsley v. Ace Speedway Racing Hasson v. Fullstory, Inc. Shrinkwrap license case Short Circuit episode on Georgia economic liberty case Anthony on Advisory Opinions about Justice Holmes Dumas’ Marguerite de Valois

    55 min

  2. 13 SEPT

    Short Circuit 341 | Live from Austin: Local Retaliation

    A special edition of Short Circuit Live where the Institute for Justice teamed up with the Texas Observer for a conversation about how local governments increasingly are retaliating against those who call them to account. The event took place in Austin, Texas on September 4, 2024, and was subtitled “Picking the man and then searching the lawbooks: How local governments turn to their criminal codes to silence critics.” It brought together the Observer’s Gus Bova, IJ’s Anya Bidwell, Texas journalist Jason Buch, and Texas attorney David Gonzalez. The discussion mentions several high-profile examples of local-government retaliation from the last few years, including IJ’s Gonzalez v. Trevino and a case that the Supreme Court may soon also hear, Villarreal v. City of Laredo. The confluence of journalists, a civil rights lawyer, and an attorney who has worked as a Texas special prosecutor make for a wide-ranging exploration that we hope you enjoy. Gonzalez v. Trevino case page Villarreal v. City of Laredo en banc Right on Crime Over Ruled by Justice Gorsuch Texas Observer

    1h 8m

  3. 6 SEPT

    Short Circuit 340 | No Way to Run a Railroad

    An extremely sad case, especially for man’s best friend (dog-lover discretion is advised!), and a happy case for property rights. First, the Center for Judicial Engagement’s new Assistant Director, John Wrench, brings us the latest in wild Fifth Circuit qualified-immunity stories with a domestic disturbance check gone bad—so bad that an officer is alleged to have shot two non-threatening dogs. A silver lining is that the grant of qualified immunity was reversed on appeal. Then Betsy Sanz hops aboard to ride the rails. She tells us of the Pennsylvania Supreme Court’s recent decision that the word “railroad’ doesn’t magically turn everything it touches into a public use. It’s a big Fifth Amendment takings case that prevented the use of eminent domain to build a railroad that would only service one party. It also brings to light another railroad-takings case that IJ is litigating in Georgia. Ramirez v. Killian Wolfe v. Reading Blue Mountain Bound By Oath episode on Pennsylvania and coal IJ’s Georgia railroad eminent domain case From a Railway Carriage

    51 min

  4. 30 AUG

    Short Circuit 339 | The Crime of Journalism

    Part of the job description of a journalist is talk to public officials, gather information, and report on it. Unfortunately, that seems to be a crime in Texas. An unconstitutional crime, to be sure, but enough of a crime that the Fifth Circuit said there was qualified immunity for officers who arrested a citizen journalist for asking question of a source within a police department and reporting what she heard. JT Morris of the Foundation for Individual Rights and Expression (FIRE) joins us to discuss this loooooong running case and a pending cert petition at the Supreme Court. It involves the First Amendment, freedom of the press, the Fourth Amendment, arrest warrants, retaliation, and all kinds of Fifth Circuit drama. Then we move to the Eleventh Circuit where our own Anya Bidwell reports on an extremely strict version of qualified immunity that protected a forcible strip search made of a visitor to a prison without any probable cause. There are also concurrences disagreeing with the circuit’s own caselaw, including and one of our favorite staples: a Judge Newsom concurrence asking “what is the law?” IJ event with the Texas Observer in Austin on September 4! Short Circuit on YouTube Villarreal v. Laredo (en banc) Villarreal v. Laredo (panel) Villarreal cert petition Short Circuit 201 (discussing Villarreal panel opinion w/o dissent) Pentagon Papers case Gilmore v. Georgia Dept. of Corrections

    44 min

  5. 23 AUG

    Short Circuit 338 | Geofence Warrants

    One reason we have a Fourth Amendment is to be free from general warrants, permission slips for the government to search, well, everything. Is that what newfangled “geofence warrants” are? The Fifth Circuit thinks so, which is why it found one to be unconstitutional. Your host brings you the tale of a postal heist where the bandits were only found through a search of Google accounts—592 million of them. But was it a “search” in the first place? We hack into this high-tech matter. But first IJ’s Kirby Thomas West provides an example of special rules for government attorneys. The lawyers for some defendants in a civil rights case didn’t want to use qualified immunity, at least not before trial. But then the trial judge ordered them to. And then, by golly, they won. Was that, um, fair? Seems the Eighth Circuit thought it was hunky dory. Kirby, who has experienced much-less-forgiving judicial treatment while litigating on the other side, begs to differ. Webb v. Lakey U.S. v. Smith U.S. v. Chatrie

    36 min

  6. 16 AUG

    Short Circuit 337 | Facebook Comment Board of Appeals

    Anyone who has ever grown enraged after seeing their comment deleted from a Facebook page will find solace in this week’s episode. We examine a free speech tussle between the National Institutes of Health and the animal rights folks at PETA. IJ’s Michael Soyfer brings us this First Amendment case from the D.C. Circuit which said that blocking certain hashtags isn’t necessarily right even when the posters say mean things. But before that we look at interstate commerce and truckers. The Fifth Circuit isn’t happy about its interstate commerce caselaw, but it’s not the Wickard v. Filburn variety concerning the Constitution. No, it’s an overtime showdown between the Motor Vehicle Carrier Act and the Fair Labor Standards Act. Time travel with us to the days of Schechter Poultry v. United States with your guide, fresh off his pandemic hobby escapades, IJ’s Suranjan Sen. Escobedo v. Ace Gathering PETA v. Tabak Story of the Schechter butchers

    40 min

  7. 9 AUG

    Short Circuit 336 | Thor’s Seizure

    A most unusual Fourth Amendment case this week: One cop claims there was a seizure while another says there was not. They disagree because one cop is suing the other. Guess which cop wins? It’s the one with the dog—named Thor—that got a little too eager in a cemetery while in hot pursuit. But apparently didn’t “seize” the other by mistakenly tearing into his leg. Dylan Moore of IJ brings us this canine caper from the Eighth Circuit. Then your host takes you to the en banc Fifth Circuit and tells a twisted tale of Jim Crow, felon disenfranchisement, the Eighth Amendment, and “evolving standards.” Historians of the 1890 Mississippi constitutional convention may want to take notice. Irish v. McNamara Hopkins v. Watson Short Circuit on Section 2 of 14th Amendment Puppy and I

    40 min

  8. 2 AUG

    Short Circuit 335 | Zoning Justice

    Emphasizing the justice in our name, IJ recently launched a new project to fight back against zoning laws, Zoning Justice. We’ve been challenging overreaching zoning for years, but there’s now a new emphasis on how it inhibits people from providing housing and pursuing the American Dream. Joining us to talk about this new venture are the project’s leader Ari Bargil and IJ attorney Joe Gay. Joe tells us about some recent zoning reforms in Montana and an amicus brief he filed in the state’s supreme court supporting them. It recounts the history—and harms—of zoning and how allowing everyone to do more with their property doesn’t violate anyone’s constitutional rights. Then Ari tells us of an all-too-typical zoning dispute in Philadelphia where the neighborhood opposition to an attempt to rehab some apartments was anything but brotherly. Zoning Justice Project Amicus brief in MAID v. Montana In Re: 3401 Sky Properties, LLC Village of Belle Terre v. Boraas Bound By Oath episode on zoning (1 of 3) Short Circuit interview of Nolan Gray on Arbitrary Lines

    49 min
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About

The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law. ij.org/short-circuit

Information

  • Creator
    Institute for Justice
  • Years Active
    2009 - 2024
  • Episodes
    300
  • Rating
    Clean
  • Copyright
    © Institute for Justice
  • Show Website
    Short Circuit

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