Short Circuit
Institute for Justice
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. http://ij.org/short-circuit
Episodes
Mentioned books
Jan 13, 2023 • 46min
Short Circuit 254 | Civil Rights Roundup
In honor of the birthday of Martin Luther King, Jr. we invited on three civil rights lawyers to talk about their latest, pathbreaking, cases and the challenges they face in bringing justice for all. Anya Bidwell of IJ welcomes her colleague Marie Miller, as well as Mark Silverstein, Legal Director of the ACLU-Colorado, and Sam Thypin-Bermeo a civil rights lawyer in Miami. Each discusses a recently filed case where law enforcement officers are alleged to have gone far beyond the bounds of the Constitution.
Click here for transcript.
Johnson v. Staab (complaint)
Maple v. Stella (complaint)
Rosales v. Alexandria PD
50 Shades of Government Immunity
Constitutional GPA
Jan 5, 2023 • 49min
Short Circuit 253 | Imaginary Lines
A podcast discusses two tales of the criminal justice system. One involves selling marijuana over an app and navigating federal laws. The other focuses on a traffic stop and an inventory search that raises Fourth Amendment concerns. The podcast delves into excessive fines, the role of banks, and the authenticity of the inventory search.
Dec 29, 2022 • 45min
Short Circuit 252 | 13th Amendment at SCOTUS
Not many lawyers alive today can say they’ve litigated a Thirteenth Amendment case (yes, that amendment; the one about slavery). But we at IJ have one, and we’re asking the Supreme Court to take a look at it. What’s before the Court is whether prosecutors who—under political pressure—made a bogus case against a group of nurses are “absolutely immune” from the nurses’ civil rights lawsuit. IJ’s Ben Field explains the stakes in this case from the Second Circuit. Then, Jaba Tsitsuashvili of IJ tells us of a Minnesota police department that holds every person who wasn’t born in the U.S. until it hears back from I.C.E., whether they’re a citizen or not. Um, is that a problem? Jaba explains how the Eighth Circuit explained that, oh yes, it is.
Click here for transcript.
Cert petition in Anilao v. Spota
Anilao v. Spota (3d Circuit)
Parada v. Anoka County
Bound By Oath Episode on Absolute Immunity
Dec 22, 2022 • 48min
Short Circuit 251 | You Got Insurance?
Learn about insurance exclusions in civil rights law cases in the Sixth Circuit. Discover the impact of suicide exclusions in life insurance policies and the concept of suicide-by-cop. Explore the complexities of insurance coverage and force majeure clauses during the pandemic. Get insights into potential future podcast topics and enjoy a festive song about the 12 days of Short Circuit Christmas.
Dec 21, 2022 • 6min
12 Days of Short Circuit Christmas
A Legal Parody of a Classic Carol: The episode features a humorous rendition of 'The 12 Days of Christmas' with legal references, including vacaturs granted, judges named Pryor, library courtrooms, en banc reversals, qualified immunities, Chicago professors, Sutton Stanzas, Judge Hos, ex-prosecutors, Jersey convictions, Calabresi tort rules, and a thesaurus under Judge Selya's pine tree.
Dec 16, 2022 • 35min
Short Circuit 250 | Thanksgiving for the Arrest
The podcast discusses cases involving the rational basis test and qualified immunity. It questions the rationale behind licensing regulations and criticizes court decisions. It also explores false arrest, the importance of holding officers accountable, and fair notice for unconstitutional actions. The responsibility of police officers is emphasized, along with a Supreme Court ruling on unconstitutional seizures and conditions in police cells.
Dec 8, 2022 • 38min
Short Circuit 249 | Licensed to Work
Guest Lisa Knepper, co-author of Licensed to Work report, discusses the barriers and costs associated with obtaining licenses for low-income occupations. The podcast also explores the negative impact of licensing on various occupations, the economy, and marginalized groups. The importance of judicial engagement and recent court decisions related to licensing are highlighted.
Dec 2, 2022 • 31min
Short Circuit 248 | “I Declare Bankruptcy”
Explore intriguing cases related to bankruptcy and attorney's fees intersecting with constitutional law. Learn about the constitutional basis for bankruptcy laws and the importance of uniformity. Discuss the concept of being a prevailing party in civil rights litigation and the controversy surrounding preliminary injunctions. Emphasize the importance of attorney's fees in enforcing civil rights laws and public interest litigation.
Nov 23, 2022 • 39min
Short Circuit 247 | Off to the Races
Guest Jeff Rowes, a judicial engagement advocate, discusses a case involving a tanning salon during the pandemic. They also delve into the right to earn a living and a case on the delegation of powers in the horse racing industry. The podcast highlights circuit splits on pandemic-related cases and explores the challenges of government regulation in the industry.
Nov 18, 2022 • 58min
Short Circuit 246 | The Unholy Trinity
Emily Washington and Eric Foley from the MacArthur Justice Center discuss prosecutorial misconduct, concocted evidence, and lying to put a man on death row. They focus on the battle against absolute immunity enjoyed by prosecutors. Judge Jim Ho's concurrences and IJ's Anya Bidwell talking about "Wanteds" are also covered.


