242 episodes

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

Short Circuit Institute for Justice

    • News
    • 4.7 • 148 Ratings

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

    Short Circuit 231 | Focus on What Matters

    Short Circuit 231 | Focus on What Matters

    A couple cases this week where federal courts, at least in part, paid attention to the right things. Joined by the leaders of IJ’s Project on Immunity and Accountability, Anya Bidwell and Patrick Jaicomo, we dig into a couple recent denials of qualified immunity. Patrick discusses a case from the Fifth Circuit where a sheriff’s deputy committed some extremely heinous acts while on a “welfare check.” There’s Fourth Amendment and due process claims, and they’re addressed in a rather unusual way. Then Anya flies us out to Honolulu for a building inspector who was very hard to please. It’s a racial discrimination appeal under a civil rights law that goes back to before the Fourteenth Amendment. But first Patrick tells us of his musical exploits on a home synthesizer.







    Tyson v. County of Sabine







    Toshikawa v. Seguirant







    Register for Short Circuit Live in NYC on October 26!







    Cert petition in Minnesota CSI (IJ case)







    Anya & Patrick’s article on Recalibrating Qualified Immunity







    Anya Bidwell







    Patrick Jaicomo







    Anthony Sanders

    • 42 min
    Short Circuit 230 | Immunities Denied and Federal Court for Trump Prosecution

    Short Circuit 230 | Immunities Denied and Federal Court for Trump Prosecution

    Georgia criminal defense attorney Andrew Fleischman joins us to talk about a unicorn. Yes, the Eleventh Circuit recently found a state prosecutor was not absolutely immune from a civil rights lawsuit, where a witness was arrested for not testifying . . . after he actually showed up to testify. This kind of case is extremely rare, and Andrew discusses how rare, and what its effect might be in a place like the Fulton County prosecutor’s office. Then it’s off to the Fifth Circuit where Alexa Gervasi of IJ discusses an absolutely tragic case where a prisoner dies and the guards are notgranted qualified immunity. Not quite a unicorn, but also a rare beast.







    Also, speaking of Fulton County, STICK AROUND TO THE END. Andrew educates us on why if the Fulton County District Attorney prosecutes former President Trump the case could be removed to federal court. And, he gives a prediction about whether that will happen.







    Click here for transcript.







    Kassa v. Fulton County







    Moore v. LaSalle Management Co.







    Bound By Oath episode on prosecutorial immunity (with Lara Bazelon)







    Removal statute for federal officials prosecuted in state court

    • 32 min
    Short Circuit 229 | Recording the Police

    Short Circuit 229 | Recording the Police

    The First Amendment protects your right to record the police. Yes, we already knew that, said the Tenth Circuit. Um, you did? Dan Alban presents a case where an officer blatantly tried to stop a vblogger from recording him by threatening to run him over, and where the court did a few interesting gymnastics in order to say what always should have been obvious. Quality immunity hijinks ensue, but with a happy ending. Then Jeff Rowes takes us to prison in the Fifth Circuit. Was a lawsuit there moot? Not this time, but concurring judge Jim Ho explains that courts say the M-word all too often.







    Irizarry v. Yehia







    Tucker v. Gaddis







    Alexa Gervasi & Anya Bidwell oped







    Sledge Hammer! intro

    • 34 min
    Short Circuit 228 | No Portable Signs

    Short Circuit 228 | No Portable Signs

    A town made it illegal to hold a sign. Anywhere. Really, just holding a sign is illegal. Sound like a First Amendment violation? That’s what we thought. And that’s what David Markese of the American Liberties Institute thought too. David joins us to discuss a recent Eleventh Circuit ruling in favor of his client after they took the town of Fort Myers Beach to court. Then it’s off to Texas to settle the great question, how the heck do you pronounce amicus curiae? After settling that once and for all IJ’s Dan Rankin explains that Tyson Foods can’t move a COVID-19 case to federal court just because it might have feared it was under arrest.







    Click here for transcript.







    Glenn v. Tyson Foods, Inc.







    LaCroix v. Town of Fort Myers Beach







    Background on Universal/Nationwide Injunctions







    David Markese







    Dan Rankin







    Anthony Sanders

    • 39 min
    Short Circuit 227 | Salt Mines and Open Fields

    Short Circuit 227 | Salt Mines and Open Fields

    Ever worked in a salt mine? It seems some non-union employees hadn't either when their boss joked that they might be sent to one. That wasn't funny to someone completely unconnected to the employer, who filed an unfair labor practice. Jared McClain joins us to discuss this funny case from the Third Circuit. And get a refresher on the open fields doctrine--and how it doesn't apply to seizures--from John Wrench as he tells us about a few not-very-well-looked-after cows.



    FDRLST Media, LLC v. NLRB, http://www2.ca3.uscourts.gov/opinarch/203434p.pdf



    Hopkins v. Nichols, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0128p-06.pdf



    Hester v. U.S. (open fields), https://supreme.justia.com/cases/federal/us/265/57/



    Jared McClain, https://ij.org/staff/jared-mcclain/



    John Wrench, https://ij.org/staff/john-wrench/



    Anthony Sanders, https://ij.org/staff/asanders/

    • 49 min
    Short Circuit 226 | Short Circuit Live Constitutional GPA

    Short Circuit 226 | Short Circuit Live Constitutional GPA

    Recorded live at UCLA, we're introducing a new study from the Institute for Justice: Constitutional G.P.A., is your Government Preventing Accountability? The study grades each state on how its citizens are able--or all too often, are not able--to hold government officials accountable when their rights are violated. It's also a research tool you can use yourself. Hosted by IJ attorney Anya Bidwell we hear about three recent cases through the prism of the study. They are presented by UCLA law professor (and Chief Conspirator at the Volokh Conspiracy) Eugene Volokh, President of the National Police Accountability Project Julia Yoo, and California civil rights attorney Nicholas Yoka.







    Feel free to follow along with us by checking out the interactive study here.







    Click here for transcript.

    • 56 min

Customer Reviews

4.7 out of 5
148 Ratings

148 Ratings

Sfgrgkhdgb ,

Good analysis

Sometimes a little dry or arcane, but good analysis of cases frequently by the lawyers who argued the cases. Generally focused on freedom and rights-related cases. Respectful and i formative views.

Ton of the Kirk ,

Excellent podcast for keeping up to speed on the courts

A fun and informative show for keeping up to speed on the federal circuit courts of appeal.

This Ken ,

Misunderstands the role of courts

The Institute for Justice is comprised of lawyers who wish they were legislators. They believe the proper role for a judge is to declare what the law should be and ignore what the law and Constitution say.

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