

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

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.

Nov 8, 2022 • 49min
Short Circuit 245 | A Texas-Sized “And”
Introducing two IJ attorneys from Texas, Arif Panju and Christie Hebert, who discuss two Texan cases from the Fifth Circuit. Arif explains why some voting rights groups lacked standing to challenge changes to Texas' voting laws. Christie tells the story of "and" under the First Step Act and how two Fifth Circuit Texan judges strongly disagree.

Nov 2, 2022 • 1h 1min
Short Circuit 244 | Election Special 2022
Diana Simpson, IJ member, joins as a guest to discuss hot-off-the-press opinions on ballot access and voting rules for the 2022 election. They talk about cases in federal and state courts involving laws in Pennsylvania, Nebraska, Nevada, Alaska, Georgia, and the town of Mason, Tennessee. The podcast also announces the first appearance of Richard Nixon.

Oct 28, 2022 • 57min
Short Circuit 243 | Live From New York It’s Short Circuit!
Live from New York City, the podcast features three former Second Circuit clerks discussing recent cases, including defamation against Trump, qualified immunity in a dog bite case, and the irrational classification of marijuana. They also reflect on their time working for the court.

Oct 20, 2022 • 48min
Short Circuit 242 | CON Law at SCOTUS
Andrew Ward and Bob Belden discuss a case challenging Kentucky's Certificate of Need law. They highlight the difficulties faced by two Nepali entrepreneurs trying to open a home health agency. The discussion revolves around the weaknesses of the rational basis test and the need for federal court protection of economic liberty. They also explore a case involving foreclosure and the violation of property rights. The panel delves into the history of equity and law, analyzing its impact on property rights and contracts.

Oct 13, 2022 • 39min
Short Circuit 241 | Pretext for a Traffic Stop
The podcast discusses the issue of pretextual stops by police and questions their legitimacy. It also examines a court case involving the Americans with Disabilities Act and the complexities of standing. The concept of 'cleaned up' in legal documents is explored as well.

Oct 7, 2022 • 53min
Short Circuit 240 | Live at Columbia Law!
"Short Circuit" brings two Yale Law School alumni, David Lat and Michael Yaeger, to discuss their experiences working on the Ninth and Third Circuits. Topics include a speech-and-licensing case involving the First Amendment, the differences between federal parole and compassionate release, a First Amendment violation case, and the significance of Younger versus Harris in federal courts. An entertaining conversation filled with legal insights.