Short Circuit

Attorneys discuss a recent court case involving excessive fines. Qualified immunity and alleged police theft addressed, criticizing courts for lack of clarity. Discussion on the Fourth Amendment and civil forfeiture, including difficulties faced by individuals reclaiming seized property. Debate over a law criminalizing fetal tissue transfer and its impact on Alzheimer's research. Frustration expressed over courts' avoidance of difficult decisions and predictions for further litigation.

In 1873, the Supreme Court said that the Privileges or Immunities Clause protects a right to “use the navigable waters of the United States”—and not much else. But in the nearly 150 years since, the Court has never examined what the right to use the navigable waters means in practice. On this episode: a pair of brothers from Stehekin, Washington, try to change that.

A discussion about jurors using social media leads to a wrongful conviction. A pastor fights against discrimination while trying to build a church. Two cases highlight the challenges of suing municipalities. The Fourth Amendment is examined in relation to car searches and food truck regulations.

The Privileges or Immunities Clause was meant to be one of the key liberty-protecting provisions of the Fourteenth Amendment. The Clause says: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” That sounds like a big deal, right? It’s not. The Clause has been virtually read out of the Constitution, and for people trying to vindicate their civil rights in court, it’s been of little practical use. That story—the near redaction of the Clause—begins with the Slaughterhouse Cases, which the U.S. Supreme Court decided in 1873. On Episode Three of Bound By Oath: What rights were the Framers of the Fourteenth Amendment seeking to protect through the Privileges or Immunities Clause? And what happened to the Clause? More resources here: https://ij.org/sc_long_podcast/all-but-redacted-the-privileges-or-immunities-clause/

This podcast explores a Supreme Court case on alcohol license requirements and the clash between the privileges or immunities and Commerce Clause. It discusses residency requirements and challenges faced by individuals on the No Fly list. The importance of attorneys fees in federal government litigation is highlighted. Judges criticize the government's conduct during the discovery process. Cases on government liability and sovereign immunity are discussed, including the Flint water crisis and a class action lawsuit against Ferguson for fines.

Conflicting interpretations of bail reform act and immigration laws, legal dilemma between prosecution and deportation, case of misuse of police information systems, challenges in determining public concern and qualified immunity, evolving case law surrounding qualified immunity, sentencing confusion and Circuit Court rulings

At the close of the Civil War, some 4 million slaves became free. But almost immediately after hostilities ceased, leaders in the ex-Confederate states began to impose a series of laws, the Black Codes, that re-instituted slavery in all but name. Just as swiftly, a wave of terrorist violence swept across the South, targeting blacks seeking education, economic independence, and a voice in civic and political life—and also whites with Union sympathies. In Washington, D.C., Republican leaders grappled with another problem: When the Southern states rejoined the Union, they would do so with more political power than they’d enjoyed prior to secession—the consequence of each African-American now counting as five-fifths, rather than three-fifths, of a person. iTunes: https://itunes.apple.com/us/podcast/bound-by-oath-by-ij/id1445199346?mt=2

Ep. 1: Before the Fourteenth: John Rock and the Birth of Birthright Citizenship by Institute for Justice

Topics discussed in the podcast include challenging a Massachusetts gun law, the application of intermediate scrutiny, a lawsuit over a work program in jails, the classification of fossils as minerals, and the impact of party intent on contract interpretation.

A Fifth Circuit extravaganza with Jane Webre, Kyle Hawkins, Steve Vladeck, and Evan Young. Topics include cross-border shooting case, qualified immunity, Westfall Act, abortion, and municipal liability standards.