Short Circuit

Wanna get mad? This week we’ve got you covered. Two cases where the government plays by different rules from the rest of us. First Jaba Tsitsuashvili explains how the 11th Circuit went out of its way to excuse the Department of Justice’s failure to raise a legal argument to do with a traffic stop search that private attorneys would not get away with. And Josh House tells us what the 8th Circuit thinks about property when you don’t pay property taxes. The result isn’t pretty. Along the way, however, there’s a few laughs and in the 11th Circuit case we hope you appreciate that “the dissent comes with receipts.” United States v. Campbell, https://media.ca11.uscourts.gov/opinions/pub/files/201610128.enb.pdf Tyler v. Hennepin County, https://ecf.ca8.uscourts.gov/opndir/22/02/203730P.pdf https://ij.org/staff/joshua-house/ https://ij.org/staff/jaba-tsitsuashvili/ https://ij.org/staff/asanders/

Following in the footsteps of last week’s Super Bowl halftime show, we’re keeping it West Coast today. Two cases from the Ninth Circuit that are Very Ninth Circuit. First, Bob McNamara explains how the overbreadth doctrine invalidated a restriction on speech related to violating immigration law. Then, Joe Gay describes the many ways the court found an Oakland, California ordinance to be just fine constitutionally even though it forces people to pay a lot of money just to move back into their house. Nobody raps, but there are unintentional references to the Norwegian pop group a-ha. United States v. Hansen, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/02/10/17-10548.pdf Ballinger v. City of Oakland, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/02/01/19-16550.pdf Robert McNamara, https://ij.org/staff/robert-mcnamara/ Joe Gay, https://ij.org/staff/joe-gay/ Anthony Sanders, https://ij.org/staff/asanders/

The Institute for Justice just issued a new report, 50 Shades of Government Immunity, about what happens when you go to state–not federal–court after the government violates your rights. The report grades every state for its access to justice as an alternative to the federal judiciary. Unfortunately, with just a couple exceptions, it doesn’t paint a pretty picture. Two IJ attorneys, Anya Bidwell and Patrick Jaicomo, and Professor Alex Reinert of Cardozo Law, join Short Circuit to discuss the report and Professor Reinert’s related research. You’ll learn that while going to state court isn’t nearly as easy as some at the U.S. Supreme Court assume it to be, there are prospects for reform as well. 50 Shades of Government Immunity, https://ij.org/report/50-shades-of-government-immunity/ New Federalism and Civil Rights Enforcement, https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1478&context=nulr Protecting Everyone’s Constitutional Rights Act (IJ’s model legislation), https://ij.org/legislation/protecting-everyones-constitutional-rights-act/ Alex Reinert, https://cardozo.yu.edu/directory/alexander-reinert Anya Bidwell, https://ij.org/staff/anya-bidwell/ Patrick Jaicomo, https://ij.org/staff/patrick-jaicomo/ Anthony Sanders, https://ij.org/staff/asanders/

Divorce can be hard on the kids. Especially when the divorce was 40 years ago, the government doesn’t believe it happened, and your U.S. citizenship depends on whether it did. New York litigator Alexandra Tseitlin joins Short Circuit to discuss an unusual immigration case she recently won in the Third Circuit. Also, ineffective assistance of counsel claims are difficult to win. But they’re a bit easier when the lawyer is just obviously wrong about what the law means. Tori Clark of IJ walks us through a tragic story that got a bit better on appeal. And finally, we have a winner in our Most Beautiful Courtroom contest. We hope you don’t mind speaking in the library. Jaffal v. ICE, https://www2.ca3.uscourts.gov/opinarch/203148p.pdf U.S. v. Freeman, https://www.ca4.uscourts.gov/opinions/194104A.P.pdf Alexandra Tseitlin, https://www.tseitlinlaw.com/alexandra-tseitlin/ Tori Clark, https://ij.org/staff/tori-clark/ Anthony Sanders, https://ij.org/staff/asanders/

Sometimes when the government does bad things to you it violates the Constitution. And sometimes it just violates the contract. Jeff Rowes explains the difference, and how things went down with a development scheme in the Fifth Circuit. Also, Will Aronin brings his expertise he learned as a trial lawyer to examine some junk science that has now been put on trial. Plus he details why it would be nice for a criminal defendant to know if a witness testifying against him is known to “stretch the truth.” Preston Hollow Capital, LLC v. Cottonwood Development Corp., https://www.ca5.uscourts.gov/opinions/pub/21/21-50389-CV0.pdf O’Donnell v. Yezzo, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0026n-06.pdf Judge Jon Newman article on “En Banc,” https://static.reuters.com/resources/media/editorial/20200714/IN%20BANC%20PRACTICE%20IN%20THE%20SECOND%20CIRCUIT%20THE%20VIRTUES%20OF%20RESTRAINT.pdf Jeff Rowes, https://ij.org/staff/jrowes/ Will Aronin, https://ij.org/staff/will-aronin/ Anthony Sanders, https://ij.org/staff/asanders/

Is it “on bonk” or “n bank”? IJ lawyers disagree on how to pronounce a full court of appeals considering a case. But whatever your Latin/Old French skills, the en banc Fifth Circuit said some things about the Dallas County jail that even your crack team of experts can’t understand. But Sam Gedge does his best to explain what might be going on, and how the court needlessly addressed his favorite topic, Younger abstention. But before that Bob Belden tells a story of a renegade sheriff sticking unauthorized anti-Halloween signs in rehabilitated sex offenders’ yards. RSVP for our live event on the Georgia Constitution on February 4, 2022, https://ij.org/event/center-for-judicial-engagement-forum-on-the-georgia-constitution/ McClendon v. Long, https://media.ca11.uscourts.gov/opinions/pub/files/202110092.pdf Daves v. Dallas County, https://www.ca5.uscourts.gov/opinions/pub/18/18-11368-CV2.pdf Rival “How to Pronounce ‘En Banc'” Videos: https://www.youtube.com/watch?v=vQexSbL8iDQ, https://www.youtube.com/watch?v=fsnW2JDc0G8 Sam Gedge, https://ij.org/staff/sam-gedge/ Bob Belden, https://ij.org/staff/bob-belden/ Anthony Sanders, https://ij.org/staff/asanders/

This episode explores recent traffic stop cases, including one involving the smell of marijuana in a vehicle, and another where Oregon's high court rejects the automobile exception to the warrant requirement. The hosts also discuss the search for the most beautiful federal circuit courtroom and analyze court cases involving armed criminals. They delve into Fourth Amendment law, exceptions to the warrant requirement, and potential abuses of power during traffic stops.

It’s a new year but little is new with qualified immunity in the Fifth Circuit. Or is it? Easha Anand of the MacArthur Justice Center joins us to discuss a recent denial of qualified immunity in a police brutality case. IJ’s Anya Bidwell joins in and reports on a couple other developments that demonstrate perhaps there’s some “split second” thinking going on among those judges. Timpa v. Dillard Villarreal v. City of Laredo Harmon v. City of Arlington IJ’s Gonzalez v. City of Castle Hills Easha Anand, MacArthur Justice Center Anya Bidwell Anthony Sanders

Celebrating their 200th episode, the podcast reflects on its origins, evolution, and impact. They discuss their unique approach to reading legal cases, the concept of judicial engagement, and the sacrifice of values in the criminal justice system. Former hosts and guests share their experiences and memories. They explore interesting and outrageous cases in federal courts and discuss the planning of a live event called the fifth circuit.

Alexa Gervasi explains a case where qualified immunity was defeated due to an obvious constitutional violation. Ryan Wilson discusses a case involving a Greek boat accident that can move forward in Boston. The podcast explores wrongful convictions, debating the validity of defense arguments, examining misconduct and qualified immunity, and a boating accident lawsuit in Massachusetts.