

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

Jun 26, 2020 • 0sec
Short Circuit 139 (6/26/20)
A Week of Heavy Lifts: Closing Down Gyms in Michigan and a High-Profile Prosecution in DC.
Transcript: https://ij.org/wp-content/uploads/2021/03/Short-Circuit-139_otter.ai-final.pdf
iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019
Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview
Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit
Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? shortcircuit@ij.org
Gym Injunction: https://ij.org/wp-content/uploads/2020/06/09915820907.pdf
Gym Injunction stayed: https://ij.org/wp-content/uploads/2020/06/Document.pdf
Mike Flynn: https://www.cadc.uscourts.gov/internet/opinions.nsf/79798A0FA0633B7985258591004DD3E7/$file/20-5143-1848728.pdf

Jun 18, 2020 • 0sec
Short Circuit 138 (6/18/20)A Bunch of Bad Apples
A bunch of bad apples.
Transcript: https://ij.org/wp-content/uploads/2021/04/Short-Circuit-138.pdf
iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019
Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview
Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit
Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? shortcircuit@ij.org
Case 1: http://www.ca5.uscourts.gov/opinions/unpub/19/19-40217.0.pdf
Case 2: https://www.ca4.uscourts.gov/opinions/182142.P.pdf
Case 3: http://media.ca11.uscourts.gov/opinions/pub/files/201812061.pdf
Case 4: https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0161p-06.pdf

Jun 12, 2020 • 0sec
Short Circuit 137 (6/12/20)
Discussion about qualified immunity in the context of George Floyd's killing. Historical context of the Ku Klux Klan Act of 1871 and its impact on police accountability. Evolution of qualified immunity and its application, highlighting dismissals of meritorious claims. Examination of potential steps for reforming qualified immunity, criticizing court decisions. Exploration of the protection of officers in good faith and the challenges of holding them accountable for constitutional violations.

Jun 2, 2020 • 0sec
Short Circuit 136 (6/2/20) Arguing at the Supreme Court
Ever wonder what it’s like to argue at the Supreme Court? In a special episode, Anya Bidwell interviews four IJ attorneys who have been in the hot seat.
Use iTunes? itunes.apple.com/us/podcast/short…cuit/id309062019
Use Android (RSS)? feeds.soundcloud.com/users/soundclo…247/sounds.rss
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? shortcircuit@ij.org
Transcript: https://ij.org/wp-content/uploads/2021/06/short-circuit-136_otter.ai-FINAL.pdf
Kelo: https://ij.org/case/kelo/
Bennett: https://ij.org/press-release/arizona-campaign-finance-release-6-27-2011/
Espinoza: https://ij.org/case/montana-school-choice/
Timbs: https://ij.org/case/timbs-v-indiana/

May 28, 2020 • 0sec
Short Circuit 135 (5/28/20)
Discussion of a lawsuit regarding the denial of effective counsel to inmates in a detention center. Challenges in accessing and representing inmates. Lawsuit alleging violation of constitutional rights. Analysis of Wisconsin's COVID-19 shutdown order. Collaboration and local decision-making in COVID-19 litigation.

May 15, 2020 • 0sec
Short Circuit 134 (5/15/20)
Ongoing effort to abolish qualified immunity discussed. Specific cases like West Baxter and Zade exemplify the issues. Impact of interlocutory appeal on litigation timelines. Analysis of the US Supreme Court case of Hope versus Peltzer. Flaws in the doctrine of qualified immunity and the disconnect in accountability. Exploration of the origins and evolution of official and qualified immunity in the US.

5 snips
May 7, 2020 • 0sec
Short Circuit 133 (5/7/20)
The podcast discusses the challenges faced by children in Detroit public schools and the difficulty of discovering new fundamental rights. It also explores prisoners' rights in Ohio, especially during the COVID-19 pandemic. The concept of deliberate indifference in providing healthcare for prisoners and the impact of prisoner litigation on the larger community are also discussed.

May 1, 2020 • 0sec
Short Circuit 132 (5/1/20)
This podcast explores a journalist's arrest for photographing police activity and discusses the requirements of a retaliatory arrest claim. It also delves into concerns about police discretion in arrests and the use of traffic violations as a pretext. The podcast further discusses municipal liability, the intersection of the Commerce Clause and the 21st Amendment, residency requirements for retailers in Michigan, and exceptions to the Telephone Consumer Protection Act. It concludes with an analysis of a court case on the constitutionality of an exception in robocall law.

Apr 24, 2020 • 0sec
Short Circuit 131 (4/24/20)
This podcast episode discusses a case in Puerto Rico challenging the denial of a specific kind of Social Security benefit. It also explores equal protection and residency rights. The episode delves into the jurisdiction of the governor during emergencies, with a focus on whether COVID-19 qualifies as a disaster. The waiver component of a court order related to COVID-19 classification is discussed, along with the challenges of free speech and the playing field in elections.

Apr 21, 2020 • 0sec
Short Circuit 130 (4/21/20)
No suing the feds for hiding Jeffrey Epstein’s non-prosecution deal, no suing the feds for killing cows in a quarantine, and no suing over government speech.
Use iTunes? itunes.apple.com/us/podcast/short…cuit/id309062019
Use Android (RSS)? feeds.soundcloud.com/users/soundclo…247/sounds.rss
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? shortcircuit@ij.org
Transcript: https://ij.org/wp-content/uploads/2021/04/Short-Circuit-130.pdf
Non-prosecution agreement: http://media.ca11.uscourts.gov/opinions/pub/files/201913843.pdf
Fever tick quarantine: http://www.ca5.uscourts.gov/opinions/pub/19/19-40077-CV0.pdf
Janus table turning: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D04-07/C:19-1349:J:Rovner:aut:T:fnOp:N:2498138:S:0
Lynching grand jury records: http://media.ca11.uscourts.gov/opinions/pub/files/201715016.enb.pdf
Anthony Pitch’s book on the Moore’s Ford lynching: https://smile.amazon.com/Last-Lynching-Anthony-S-Pitch/dp/1543627471?sa-no-redirect=1