Short Circuit

By: Institute for Justice
  • Summary

  • 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
    © Institute for Justice
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Episodes
  • Short Circuit 357 | Drama at the City Council Meeting
    Jan 3 2025
    City council meetings are usually sparsely attended, low key, unwatched affairs. Except when they’re not. This week we have two cases where those in power were so offended by what members of the public had to say at a meeting that they were later arrested, in violation of their right to free speech under the First Amendment. Or that’s what the plaintiffs claim, anyway. First, Katrin Marquez of IJ tells us of a meeting in Texas of a “court” that wasn’t exactly a court but really a county board. However, that didn’t stop the “judge” who led the meeting from trying to find an audience member in contempt. Sovereign, judicial, and qualified immunities all raise their heads in the subsequent Fifth Circuit lawsuit, as does the First Amendment retaliation claim. Then, IJ’s Michael Peña brings us to the Sixth Circuit where a local citizen called for the termination of a city manager and later found himself under arrest. Was there a connection between the two? The court seems to think so, or at least enough that it lets the case move forward. Plus, with the close of 2024 we begin with a few words of remembrance of William “Chip” Mellor, IJ’s co-founder and longtime President who we lost recently. Register for the Tavern Debate on January 24, 2025 in Westlake Village, California! IJ’s statement on Chip Mellor passing away Diaz v. Cantu Blackwell v. Nocerini Bound By Oath on Monroe v. Pape IJ’s Iowa city council retaliation case IJ’s Alabama city council “no” vote retaliation case IJ’s Texas citizen journalist case
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    47 mins
  • Short Circuit 356 | Christmas Sweater Law
    Dec 27 2024
    Seasons greetings from Short Circuit! While you’re enjoying your holiday week at the end of 2024 we’re giving you the content you need: Christmas sweaters. Don’t worry, there’s still plenty of legal stuff, but we start things off by delving into the mystery of where the Christmas sweater phenomenon came from. (Your host suspects it has something to do with Bridget Jones’s Diary the movie—but not, interestingly, the book.) If you’re on a non-YouTube platform, to give the episode full justice you might want to check out how the episode actually looks by peaking over at Short Circuit’s YouTube channel where you can see the panel’s fashion choices. As to the law, Bert Gall of IJ tell us of a Fourth Circuit case where some plaintiffs are trying to assert their voting rights by invoking Congress’s act readmitting Virginia to the Union after the Civil War. But that’s just in the background at this point as for now the court is just trying to figure out whether sovereign immunity prohibits the lawsuit. It turns out it does not. Then IJ’s Dan Knepper takes us into a mic-dropping DC Circuit case where the court declared void a slew of environmental regulations despite no party asking it to. Can judges do that? Reactions are mixed. King v. Youngkin Marin Audubon Society v. FAA The untold story of Mr. Darcy’s sweater Sweater scene from Bridget Jones's (movie) Sweater description from Bridge Jones's (book)
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    46 mins
  • Short Circuit 355 | Civil Rights Reform in the States
    Dec 20 2024
    IJ’s Anya Bidwell guest hosts this special episode to ask what states and local governments can do to better protect their citizens’ rights, particularly when it comes to achieving justice in the courts. Professor Joanna Schwartz of UCLA and Kasia Symborski Wolfkot of the Brennan Center join Anya to dig into how a variety of laws and practices outside of Washington, D.C affect our rights. They discuss state legislative reform of causes of action and qualified immunity, the changing nature of state supreme courts, the limited involvement the Department of Justice has with local police departments, and other subjects. Plus, there’s information on how citizens themselves can make a difference, including the often-forgotten opportunity to serve on a jury. Civil Rights Ecosystems Lessons From New Mexico New Mexico Law Review Symposium State Court Report
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    41 mins

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