Short Circuit

Institute for Justice
  • 4.6 (170)
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  • UPDATED BIWEEKLY
Short Circuit

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. 2 DAYS AGO

    Short Circuit 364 | Big Bats

    Everyone agrees we need to build more homes. But what if those homes are going to be in your backyard? For some reason that possibility often leads to discoveries of endangered species. Ben Field of IJ joins us to report on an environmental case from the Fourth Circuit where the dispute came down to whether new homes would hurt a species of bat. The problem is no one had seen a bat. So are they really endangered? And what does this have to do with the famous snail darter “species” from a 1970s Supreme Court Case? Ben explains all. Then your host lays out how a case is “removed” from state to federal court and “remanded” back again. This issue came up in some opioid crisis litigation, also from the Fourth Circuit. Follow along as all the mysteries of the federalist system are revealed. S.C. Coastal Conservation League v. Corps of Engineers City of Martinsville v. Express Scripts TVA v. Hill Adam’s Legal Newsletter post on the snail darter Short Circuit episode on Mark Meadows case Short Circuit episode on PBMs Dracula Corleone, Sicily

    46 min

  2. FEB 14

    Short Circuit 363 | The Licensing Racket

    You probably know that all-too-many jobs require a license to work. But how is that license administered, who enforces its rules, and who makes the decision on whether to take the license away? Almost always it’s a board composed of people with the same license. Rebecca Haw Allensworth joins us to discuss her new book The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong. Unlike other studies on licensing it digs deep into how licensing boards operate, what their incentives are, and how they are hard on outsiders who haven’t hurt anyone but all-too-easy on insiders who are truly bad actors. She tells stories of what makes boards act this way, how it relates to antitrust law, and what has and could be done to reform how we regulate professions. Also, did you know Tennessee used to have a “beauty pageant operator license”? Listen in to hear that story and much more. The Licensing Racket N.C. Board v. FTC ("The Case That Shall Not Be Named") Licensed to Work (3d ed.) Bona Law

    53 min

  3. FEB 6

    Short Circuit 362 | Boil the Frog to Tear Down the House

    Two cases, from the Fourth and Sixth Circuits, came out within just a few days of each other, and each was about a city tearing a house down. And whether that was OK. They came to different conclusions, partly because one seemed to have been litigated a bit better, but also for other reasons we discuss. First, IJ’s Christian Lansinger describes a Virginia property that wasn’t in great shape, but also where the officials didn’t act quite right before they tore it down for being a nuisance. Unfortunately, the owner sued too late for the court to address most of his claims. In Kentucky, on the other hand, the owner sued in time after being told he couldn’t appeal to the city’s property review board because although it’s mentioned in the city code, city officials told him it didn’t exist. The court was not impressed by this and allowed the case to move forward. Joe Gay of IJ brings this matter to our attention, along with an interesting concurrence about how our property rights have suffered from a slow boil. RSVP for our 10th Anniversary Party and Show on April 3d in DC! Listen to Bound By Oath! D.A. Realestate Investment v. City of Norfolk McIntosh v. City of Madisonville Robert Thomas’ blog post IJ’s Brody case The Wrong House by A.A. Milne

    54 min

  4. JAN 31

    Short Circuit 361 | Reading the Qualified Tea Leaves

    We welcome back Easha Anand of Stanford Law’s Supreme Court Litigation Clinic for her third (or is it fourth?) appearance. Last time she was on she had not yet argued at the Supreme Court, but now she’s done it four times. She tells us if it gets easier (not so far) and then gives a report on a recent Third Circuit case where the court got qualified immunity all wrong. In ruling on a malicious prosecution claim the court helped the pernicious doctrine of QI grow from just being about rights to about causes of action. Then IJ’s Anya Bidwell takes us up to the First Circuit for a civil forfeiture matter concerning 30,000 drug prosecutions that were thrown out and whether the federal courts can help those wrongfully convicted get their property back (“no” is the answer). Also, at the end (after some discussion of biker gangs) there’s some joking about how the Supreme Court has relisted two IJ cases. What your host and guests didn’t know at the time, though, is that the Court would grant cert in one of them just an hour afterward! It’s Martin v. United States, and we’re sure you’ll hear more about it in future podcasts. Click here for transcript. RSVP for our 10th Anniversary Party and Show on April 3d in DC! Rivera-Guadalupe v. City of Harrisburg Cotto v. Campbell Williams v. Aguirre O’Connor v. Eubanks How to Fix a Drug Scandal Policing for Profit grade for Massachusetts DOJ report on Springfield, Mass IJ page on Martin v. U.S. Tea-Cup Reading & Fortune-Telling By Tea Leaves

    48 min

  5. JAN 24

    Short Circuit 360 | Weed and Fines

    If you have a greenhouse, and a government agent sees it on Google Maps, is that fact probable cause to charge you with growing illegal cannabis, fine you $10,000 a day, and not give you a hearing for years? Humboldt County, California thought it was and threatened ruinous fines against innocent property owners for years in an abusive enforcement scheme. IJ represents innocent property owners in the county who had to take their case to the Ninth Circuit to move forward with their constitutional claims. The lead attorney, Jared McClain, joins us to detail the lawsuit and what the court said about the Excessive Fines Clause plus several other parts of the Constitution. Then, Andrew Ward of IJ takes us to the Fourth Circuit for a challenge to racial preference policies of the Small Business Administration. The case didn’t get to the merits because the court thought the plaintiff wouldn’t be eligible for benefits even without any racial preferences. In light of that there’s some discussion of how best to plead one’s case. Come to our 10th anniversary show and party in DC on April 3d! Click here for transcript. Thomas v. Humboldt (excessive fines) Thomas v. Humboldt (other claims) Hierholzer v. Guzman United States v. Bajakajian

    59 min

  6. JAN 17

    Short Circuit 359 | Net Neutrality Flip Flops

    A lot going on this week, including a lot of Short Circuit news. On the law side we talk about two recent opinions, one from the Fourth Circuit and one from the Sixth. Jeff Rowes of IJ explains the latest on abstention—Pullman abstention in this instance—where federal courts don’t do their job because state law is complicated. The Fourth Circuit said it wasn’t complicated enough, though, and allowed a religious liberties lawsuit to go forward. Then, IJ’s Brian Morris explains the latest news on net neutrality rules and why the FCC doesn’t get to decide them anymore. The Sixth Circuit won the lottery—literally—on where challenges to the latest rules would go. And once the challenges got there the panel of judges were not very impressed. There’s some discussion of the new post-Chevron world of Loper Bright, plus some discussion of how the internet worked in 1996, when Congress last spoke on this issue. Finally, we close with a reprise of a show we did a year ago about the Scottish poet Robert Burns! A real Scotswoman joins us to recite Burns’s “A Man’s a Man for A’ That.” But the biggest news this week is our 10th Anniversary! Join us to celebrate ten years of Short Circuit on Thursday, April 3, 2025 in Washington, D.C. The show (and party) will feature a slew of folks from IJ plus retired judges Diane Wood (Seventh Circuit) and Kent Jordan (Third Circuit), Adam Liptak of the New York Times, Professor Eugene Volokh, Dean of #AppellateTwitter Raffi Melkonian, and our old friend Clark Neily, now at the Cato Institute. We have a lot of seats, but they may go fast. Register here today! W.V. Parents for Religious Freedom v. Waldron In re: MCP No. 185 Railroad Comm. v. Pullman Loper Bright Enter. v. Raimondo Short Circuit 308: Burns Night A Man’s a Man for A’ That

    50 min

  7. JAN 10

    Short Circuit 358 | Motte-and-Bailey Game

    Can state officers simply come on your land and take samples of your dirt (and water) without a warrant? Well, it’s hard to know when the court abstains from telling you. That’s what happened in the Sixth Circuit where a property owner went to federal court to stop an investigation but couldn’t because there was already a state court proceeding. Regular listeners will recognize an old familiar: Younger abstention. Mike Greenberg of IJ joins us to explain this convoluted story and how a case he litigated at the Michigan Supreme Court about drones plays a part in it. Then IJ’s Nick DeBenedetto discusses an en banc Fifth Circuit opinion about the SEC. The agency has to approve certain rules in private stock markets, but are there limits on what those rules can be about? Turns out hot-button diversity issues are a little too far afield. The Major Questions Doctrine makes an appearance, although in a new and perhaps unjustified way. And what does this whole system mean when private entities are beholden to the government approving their own rules? Click here for transcript. Satkowiak v. McClain Alliance for Fair Board Recruitment v. SEC (en banc) Bound By Oath episode with Professor Bob Williams Trading Places stock market speech

    57 min

  8. JAN 3

    Short Circuit 357 | Drama at the City Council Meeting

    City council meetings are usually sparsely attended, low key, unwatched affairs. Except when they’re not. This week we have two cases where those in power were so offended by what members of the public had to say at a meeting that they were later arrested, in violation of their right to free speech under the First Amendment. Or that’s what the plaintiffs claim, anyway. First, Katrin Marquez of IJ tells us of a meeting in Texas of a “court” that wasn’t exactly a court but really a county board. However, that didn’t stop the “judge” who led the meeting from trying to find an audience member in contempt. Sovereign, judicial, and qualified immunities all raise their heads in the subsequent Fifth Circuit lawsuit, as does the First Amendment retaliation claim. Then, IJ’s Michael Peña brings us to the Sixth Circuit where a local citizen called for the termination of a city manager and later found himself under arrest. Was there a connection between the two? The court seems to think so, or at least enough that it lets the case move forward. Plus, with the close of 2024 we begin with a few words of remembrance of William “Chip” Mellor, IJ’s co-founder and longtime President who we lost recently. Register for the Tavern Debate on January 24, 2025 in Westlake Village, California! IJ’s statement on Chip Mellor passing away Diaz v. Cantu Blackwell v. Nocerini Bound By Oath on Monroe v. Pape IJ’s Iowa city council retaliation case IJ’s Alabama city council “no” vote retaliation case IJ’s Texas citizen journalist case

    47 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 - 2025
  • Episodes
    301
  • Rating
    Clean
  • Copyright
    © Institute for Justice
  • Show Website
    Short Circuit

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