

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

Sep 8, 2023 • 40min
Short Circuit 288 | Nondelegating Warrants
The podcast explores the nondelegation doctrine and police behavior in two cases from the Sixth Circuit, one involving OSHA's delegation of power and the other concerning unlawful entry and excessive force. The episodes highlight constitutional concerns, the dissenting opinion, qualified immunity, and the application of the Fourth Amendment.

Aug 30, 2023 • 46min
Short Circuit 287 | Where the Sidewalk Ends
The podcast discusses the unconstitutional mandate by the Nashville City Council to build sidewalks that lead to nowhere. It also covers ERISA preemption and a recent case that could reach the Supreme Court. The role of pharmacy benefit managers and state regulations to protect smaller pharmacies is explored. The legal implications of requiring sidewalks on private property and the distinction between a tax and a taking are analyzed. The episode also delves into property rights, the Nolan Dolan test, and the need for the Supreme Court to reaffirm property rights.

Aug 25, 2023 • 46min
Short Circuit 286 | Totally Noncontroversial Issues
The podcast delves into standing law under Article III of the U.S. Constitution through two cases: challenging the FDA's drug approval process and a school district's gender transition policy. The court's expanded view of cognizable injury in the first case raises eyebrows, while the second case highlights courts excusing themselves on standing grounds. The podcast speculates on the future of standing law, reflecting on original meaning and its implications for civil rights. Additionally, the importance of parental rights, government surveillance, and education are explored within the context of standing in lawsuits.

Aug 18, 2023 • 36min
Short Circuit 285 | Searching for Something
This podcast explores the application of the Fourth Amendment to digital data searches. It also discusses a search related to the federal ban on felons possessing firearms and the legality of police commands. The episode provides insights into the complexities of these issues and highlights the varying perspectives among judges.

Aug 11, 2023 • 37min
Short Circuit 284 | Betting the Election
The podcast discusses the legal battle between PredictIt and the CFTC over betting on elections. It explores prediction markets and administrative law, and the misbehavior of the CFTC. The podcast also explores the legal implications of a recent court decision involving international investors and the political situation in Venezuela.

Aug 3, 2023 • 57min
Short Circuit 283 | Pennies at a Time
The podcast discusses the constitutional implications of unsolicited text messages, common law causes of action, and Article III of the Constitution. There is also a discussion on the state-created danger doctrine and its potential consideration by the Supreme Court. Some specific cases mentioned are Drazen v. Godaddy.com and Murguia v. Langdon. The hosts express their confusion over the concept of standing in lawsuits and its implications for constitutional work. The podcast also explores the complexity of class actions and settlement agreements. The chapter titled 'Confusion Surrounding Standing and Lawsuits' mentions the skeptical claim of a $35 cash reward and personal experiences claiming rewards. The discussion on the state-created danger exception focuses on government accountability in cases involving child abuse.

Jul 27, 2023 • 52min
Short Circuit 282 | Sexy Cops and Decades of Deference
This podcast explores a court case involving the arrest of Michelle Santo Pietro for violating a local ordinance, discussing whether her arrest violated the First Amendment. It also delves into an amended opinion and the right to freely associate, the complexities of a legal case, the tactics used by officers to catch street performers without licenses, and the application of career offender enhancement in plea bargains.

Jul 20, 2023 • 42min
Short Circuit 281 | Bosom Buddies
Learn about the remarkable women who fought against an unnecessary occupational licensing law for breastfeeding consultants in Georgia. Discover the five-year legal battle they went through, the implications for economic liberty, and the unanimous victory at the Georgia Supreme Court. Explore the licensing situation for lactation care providers and the impact on the profession. Hear about the challenging experience in front of the court and the surprising support they received.

Jul 14, 2023 • 44min
Short Circuit 280 | Something’s Rotten in the State of Bivens
Legal experts discuss recent rulings on constitutional violations by federal officials, including the dismissal of claims against Trump for clearing protesters, limitations of the Bivens Doctrine, and a separate case where a claim against federal narcotics agents could proceed under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics.

Jul 7, 2023 • 47min
Short Circuit 279 | Cops on the Beat
A podcast discusses a case where a judge can be sued, the distinction between non-judicial and judicial acts, and the minimal consequences faced by prosecutors and judges. The history of courts in England and the controversial community caretaking doctrine are also explored.