

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

Feb 10, 2023 • 54min
Short Circuit 258 | And in en banc news
Our newsletter begins announcements about federal en banc decisions with the phrase “And in en banc news.” And about a year ago we had an argument on the podcast on how to pronounce that fancy French-sounding phrase. Today we bring back the guests from that episode—Sam Gedge and Bob Belden—to settle the issue, once and for all. Along the way you’ll learn about how we have the Germans to thank for how we describe full sittings of the federal courts of appeals. You’ll also learn about two recent en banc cases, one from the Eleventh Circuit concerning how prisoners can sue in federal court, and one from the D.C. Circuit about how foreign students can stay in the country and get some work experience. There’s also a couple rabbit holes involving decretal language and whether a “dissental” is a thing.
Click here for transcript.
Register for Feb 17 panel at Case Western Reserve!
Register for Feb 18 Cleveland show, Comedy is not a Crime!
Register for Marc 31 conference on Meyer v. Nebraska!
Buy Anthony’s book!
Draft of article And in En Banc News . . . (to appear in Judicature)
Judge Newman article on decretal language
Wells v. Brown
Washington Alliance v. DHS
En banc argument episode

Feb 2, 2023 • 44min
Short Circuit 257 | General Google Warrants
Seth Young, Senior Attorney at IJ, and Mike Chase, author of How to Become a Federal Criminal, discuss the implications of a case involving Google data in criminal investigations. They also explore property rights cases and the challenges of applying outdated doctrine to rapidly advancing technology.

Jan 26, 2023 • 35min
Short Circuit 256 | A Magical Bag of Dope
This podcast discusses cases involving unlawful searches, unconstitutional crowd dispersal, and challenging unlawful assembly policies. In one case, the Sixth Circuit questions the legality of a search based on an officer claiming to see a bag of drugs. The podcast also examines the targeting of peaceful protesters and the challenges faced by plaintiffs opposing the city's unlawful assembly policy.

Jan 19, 2023 • 38min
Short Circuit 255 | Basic Training
Kristen Vander-Plas LaFreniere, Texas lawyer, talks about running a small practice. She shares a religious victory over the Marines in the D.C. Circuit. Then, Erica Smith Ewing of IJ discusses a rare win against a zoning ordinance in the Ninth Circuit.

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.