Short Circuit

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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. HÁ 3 H

    Short Circuit 351 | State Court Shenanigans

    A couple friends drop by this week who have overstayed their welcome: Rooker and Feldman. Together they make up the Rooker-Feldman doctrine, a weed that has grown to crowd out justiciable federal claims in the federal courts. But the good news is that they aren’t the only friends on this week. We also have Wisconsin appellate attorney Joseph Diedrich who shares the story of his massive Seventh Circuit case which went en banc and Rooker-Feldman and now might go to the Supreme Court. Joe details the ins and outs of how a doctrine that is supposed to simply prevent appeals from state court to the lower federal courts has become a catch-all to get rid of deserving cases, including his case where his client is suing child welfare agents for violating her custody rights. Joe also shares some knowledge about how state courts work in Wisconsin, including a rule about dicta that it shares with the Ninth Circuit. Then IJ’s Arif Panju relocates us to the Fifth Circuit where the press was excluded from bail hearings before Texas state magistrate judges. This violates the First Amendment, it turns out. You’ll also learn a bit about where to find the best brisket. Gilbank v. Wood County Dept of Human Services (en banc) Texas Tribune v. Caldwell County Short Circuit episode on Sixth Circuit case Gilbank Cert Petition Stats on Wisconsin Supreme Court cases

    1h8min

  2. 15 DE NOV.

    Short Circuit 350 | In rem Liechtenstein

    Can the U.S. government use civil forfeiture in a U.S. court to take property in another country? One of IJ’s directors of our National Initiative to End Forfeiture Abuse, Dan Alban, reports on a rare forfeiture loss for the federal government when it tried to forfeit money in a bank account in the principality of Liechtenstein. The Ninth Circuit thought that was a bridge too far, although the various judges disagreed with each other on why. Then IJ’s Matt Liles updates us on the latest on Second Amendment challenges to the District of Columbia’s gun laws. If your jam is gunpowder storage, nineteenth century trap guns, Bowie knives on the frontier, and diagrams of centuries-old guns that belong in Terminator movies, we’ve got you covered. U.S. v. Nasri Hanson v. D.C. End Forfeiture The Parent’s Assistant

    58min

  3. 8 DE NOV.

    Short Circuit 349 | Wrong Side of the Road

    Did you know that you can be arrested for walking on the wrong side of the road? Neither did a Missouri police officer. Until he needed an excuse to put someone in handcuffs. Marie Miller of IJ details her recent victory at the Supreme Court—in a relatively terse, 20-word opinion—on behalf of her road-walking client after he lost at the Eighth Circuit, and how the First-Amendment-retaliation victory depended on an IJ case from last term, Gonzalez v. Trevino. Then IJ’s Anya Bidwell—who had something to do with that last-term victory—outlines a trilogy of recent opinions in the Eleventh Circuit where former federal officials have tried to remove their state criminal prosecutions to federal court. It may well be that one of the cases—involving former White House Chief of Staff Mark Meadows—has been taken by the Supreme Court by the time you listen. Also, in the podcast Anya says she’ll make a handy chart to help all of you navigate through the story. Well, afterward she actually did! Click on the link below to see it. Murphy v. Schmitt (8th Cir.) Georgia v. Clark Georgia v. Shafer Georgia v. Meadows (11th Cir.) SCOTUS docket for Meadows Short Circuit episode with Andrew Fleischman Ulysses Anya’s chart

    51min

  4. 1 DE NOV.

    Short Circuit 348 | Excessive Fines and the IRS

    Is a “fine” a “fine”? No, not at all, and therefore it can’t be “excessive.” At least that’s the IRS’s position. Thankfully that argument was rejected in a recent Eleventh Circuit case about a taxpayer who failed to file some forms and was subsequently fined—yes, fined—millions of dollars. IJ’s Sam Gedge explains this story and what fines the court thought were excessive and were not. We also look at the Ninth Circuit and an odd rule (that only exists there) which turns dicta into law. Jacob Harcar of IJ provides the holding and some well-reasoned portions of his opinion as well. Further, as a special treat, Jacob tells us of some work he’s done on legislative immunity and Reconstruction. Plus, do you know the difference between an acronym and an initialism? Whatever it is, we hope you won’t say the two flirted excessively. U.S. v. Schwarzbaum Stein v. Kaiser Foundation Health Plan Gorsuch dissent in Toth v. U.S. denial Timbs v. Indiana Short Circuit episode on dicta in 9th Cir. Jacob’s Section 1983 article Excessive flirting in Emma

    52min

  5. 25 DE OUT.

    Short Circuit 347 | Election Law Special

    With less than two weeks before America’s general election it’s time for our biennial dive into election law! A whirlwind tour of election decisions from the federal courts of appeals with a wide-ranging look at the legal disputes that arise before (and while) Americans cast their ballots. To guide us through the process we called upon Minnesota (and North Dakota) election law practitioner David Asp. He tells us what it’s like practicing in this “seasonal” specialty and what opportunities there are for attorneys to jump in and get courtroom and appellate experience. Then we dig into a Sixth Circuit case about foreigners and campaign contributions, a Ninth Circuit opinion about voter rolls, a Fifth Circuit decision on ballot collection, back to the Sixth Circuit for a flurry of opinions about RFJ Jr.’s quest to not be on a ballot, and finally to the Minnesota Supreme Court for what the heck “learned in the law” means. But we begin with the question of whether all that much has changed in politics in the last 100+ years. OPAWL v. Yost AZ Alliance v. Mayes La Union del Pueblo Entero v. Abbott RFK Jr. v. Secretary of State (MI Ct App) RFJ Jr. v. Secretary of State (MI Sup Ct) RFK Jr. v. Benson (6th Cir panel) RFK Jr. v. Benson (6th Cir en banc) MacDonald v. Simon Psmith in the City

    1h2min

  6. 18 DE OUT.

    Short Circuit 346 | Not My Responsibility

    When it comes to the law, it’s the responsibility of the government. After all, that’s why we have a government, right? Well, it seems the government is responsible for enforcing the law . . . until it would rather not. This week we have a pair of cases where different governments have wriggled out of their enforcement responsibilities in an effort to avoid a lawsuit. And in each case it worked. First, Erica Smith Ewing of IJ tells us of a rarity in the federal courts of appeals: A Contracts Clause lawsuit that was successful—at least, it was successful in stating a Contracts Clause claim. Later on, however, the city of New York “remembered” that it didn’t actually enforce the law in question—a pandemic-era rent-collection abatement—which lead to the plaintiff landlords losing their standing. There’s a silver lining for them—but it’s very much a lining. Then we’re off to the Tenth Circuit where IJ’s Paul Sherman explains Utah’s online age verification law and how the state designed it to only be enforced by private actors. Similar to the Texas abortion law which the Supreme Court tussled with a few terms ago, the statute’s intent is to get the state out of the enforcement business, and therefore get the courts out of the business of finding content-based restrictions on speech unconstitutional under the First Amendment. And it seems this attempt succeeded, for now. Unpublished Opinions podcast Bochner v. NYC Free Speech Coalition v. Anderson Whole Woman’s Health v. Jackson IJ amicus brief in Obamacare Charles Osgood’s Responsibility Poem

    36min

  7. 11 DE OUT.

    Short Circuit 345 | Supreme Court Preview at UNC!

    For the 8th year in a row Short Circuit travels to the University of North Carolina to preview the Supreme Court’s new term, hosted by our friends at the school’s Federalist Society chapter. IJ’s Justin Pearson serves as your host, and joining him once again, as he has for many years now, is UNC professor Andrew Hessick. They’re joined by IJ attorney Ben Field. First they educate us with a little trivia about cases that we’ll see this term and then dig in with a deeper preview of a couple matters the justices will soon hear argument on and a couple cert petitions that the Court has been considering. You’ll learn about the First Amendment’s history with the Internet, applications of the First Step Act, where things stand with speaking occupations, and the twilight status of the Bivens doctrine. Free Speech Coalition v. Paxton Hewitt v. U.S. 360 Virtual Drone Services v. Ritter Henning v. Snoden

    53min

  8. 4 DE OUT.

    Short Circuit 344 | Can a Jury Only Go Up to Eleven?

    “Twelve” isn’t just another word for a dozen or the original number of Apostles. It’s how many jurors sit on a criminal jury. Well, except in some cases. And one of those cases, from the Second Circuit, IJ’s Bob McNamara details to us this week. A New York man was prosecuted for making death threats to various broadcasters and politicians. Along the way the jury whittled down to 11 members. Which then found the defendant guilty. The Second Circuit said it’s all fine because it seemed clear the guy did it. But, as Bob explains, “juries do stuff.” Then it’s off to the Fifth Circuit for some different views of video. Anya Bidwell of IJ relates that one particular video demonstrates—or does it?—that a police officer may have been out of line and violated the Fourth Amendment with excessive force. All three judges on the panel write a take about a roadside encounter between police and a driver’s boyfriend that was imperfectly—or was it?—captured by a video camera. Two judges think this means the whole question should go to a jury. Another judge disagrees, and pines for qualified immunity. Spiller v. Harris County U.S. v. Johnson Scott v. Harris Scene from Twelve Angry Men

    39min
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Sobre

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

Informações

  • Criado por
    Institute for Justice
  • Anos de atividade
    2009 - 2024
  • Episódios
    301
  • Classificação
    Livre
  • Copyright
    © Institute for Justice
  • Site do podcast
    Short Circuit

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