Short Circuit

Legal experts Wesley Hottot and Anna Goodman discuss qualified immunity. Hottot shares a positive qualified immunity opinion in the Sixth Circuit, while Goodman talks about an attorney suing government agencies for unlawful phone searches at the border. They examine elevator inspections, prior notice violations, and the impact of qualified immunity on civil rights cases.

Sean Marotta, a 'Founding Father' of #AppellateTwitter, discusses its origins. The podcast delves into a discovery abuse case in the Eleventh Circuit involving the Consumer Finance and Protection Bureau. The Second Amendment and felons' gun rights are explored, highlighting a circuit split. An intriguing dissent in the Eighth Circuit is discussed, with possible connections to biblical apocrypha.

This week, the podcast discusses the concentration of powers and the dependence on legislatures to protect constitutional rights. The hosts delve into recent cases in Iowa and Louisiana that highlight the challenges of safeguarding constitutional rights. They also explore the difficulties of using alternative remedies for constitutional violations and compare the stability of federal courts to state courts. Additionally, they examine the history of implied causes of action for legislative acts and the need for legislative action in ensuring remedies for violations of statutes.

Guests include IJ attorneys Paul Avelar, Arif Panju, and Ari Bargil. Topics cover recent IJ appellate victories, challenges in the environmental court, police abuse and excessive force, criticism of Harris County law enforcement, 'clearly established' in constitutional law, and interlocutory appeals and qualified immunity.

June 4, 2023 marks exactly 100 years since the Supreme Court handed down its opinion in Meyer v. Nebraska, where the Court ruled that it is unconstitutional for states to forbid the teaching of foreign languages. The case was a momentous decision both at the time and for the future. It lead to developments in many different areas of constitutional law, including free speech, religion, educational freedom, economic liberty, and the incorporation of the Bill of Rights. To celebrate the anniversary the Center for Judicial Engagement at the Institute for Justice held a conference on March 31, 2023 called “100 Years of Unenumerated Freedoms: Meyer v. Nebraska at a Century”. This episode of Short Circuit provides you with the keynote address from the conference, a speech by Professor William G. Ross of Samford University’s Cumberland School of Law. Professor Ross is the author of Forging New Freedoms: Nativism, Education and the Constitution, 1917-1927 (1994), the definitive account of Meyer and the other cases in the same “trilogy”: Pierce v. Society of Sisters and Farrington v. Tokushige. We were absolutely thrilled that he spoke at our conference and wanted to celebrate the anniversary date itself by sharing his remarks with you. And if you’re also interested in hearing what other scholars had to say at the conference please find the link in the shownotes that will bring you to the archived video of the event. Click here for transcript. Meyer v. Nebraska Forging New Freedoms Video of the conference “100 Years of Unenumerated Freedoms”

Explore a case involving Section 2 of the Fourteenth Amendment, which lowers a state's Congressional representation if it abridges the right to vote. Learn about a lawsuit challenging apportionment based on voting rights in the 2020 Census. Discuss the misinterpretation of a statute and the significance of unpublished opinions in the judicial process.

Elizabeth Warren, a sitting senator, is discussed in a Ninth Circuit case involving a letter she wrote about actions against Amazon. The podcast also explores a Fifth Circuit case about a man's abandoned jacket at his mother's house.

This podcast explores the free-speech implications of honking in support of a protest and the connection between criticizing a local politician on Facebook and a drop in business. It also discusses discrimination cases, burden shifting, and First Amendment retaliation.

Josh Windham interviews Anthony Sanders about his new book 'Baby Ninth Amendments' which explores how Americans embraced unenumerated rights in state constitutions. They discuss the interpretation and enforcement of the Ninth Amendment, the influence of the social contract on constitution organization, and the protection of unenumerated rights in state courts.

Two scholars discuss the British Constitution, including its differences from the US Constitution, recent changes, and proposed constitutional changes. Topics include parliamentary sovereignty, the role of common law, comparative perspectives on judicial review, the impact of the Supreme Court on racial minorities, the evolution of judicial review in the UK, and problems with devolution in Wales and Scotland.