Short Circuit

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Short Circuit 269 | The British Constitution Apr 27, 2023

Show notes

It’s Special Short Circuit time. And this time that means we don’t just investigate a special legal issue, we journey to a special place (well, at least that’s what Shakespeare and John of Gaunt might say). This week we focus on the British Constitution, how it’s (quite) different from the United States Constitution, how it’s constituted, how it works, and how it’s been changing recently. Two scholars have edited a new volume full of scepticism (note the “c” instead of the “k”) about recent and proposed constitutional changes in the United Kingdom, a book called Sceptical Perspectives on the Changing Constitution of the United Kingdom. If you don’t know much about the constitutional order of America’s mother country you’ll learn quite a bit. If you’d like to learn more about the constitutional debates they’re having in Britain you’ll learn quite a bit more. And if you’d like to hear a bit of push-and-pull about the merits of a written constitution that judges can enforce versus one that’s ever changing then you might even learn a bit about that—whether you agree with our guests or not. Richard Johnson and Yuan Yi Zhu join us for all things British—with some elements of the English, the Scots, and even the Welsh—and your host throws in a bit of reminiscing about time spent in the remnants of the Duchy of Normandy.

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Sceptical Perspectives on the Changing Constitution of the United Kingdom

Anthony’s essay that discusses the British Constitution

The Act of Union

Richard’s book The End of the Second Reconstruction

Short Circuit 268 | God and Man at Harvard and Yale Apr 20, 2023

Show notes

Who ever said insurance isn’t interesting? Certainly not the Eleventh Circuit, and certainly not IJ’s Ben Field. He tells us a harrowing story of a church—a church of all places!—which weathers two acts of God (hurricanes) while taking insurance contracts and kicking insurances claims (actually, the insurance company kicked the claims). Ben weaves together the competing views of contract interpretation as personified by Harvard’s Samuel Williston and Yale’s Arthur Corbin to explain how the court ended up where it did. We even delve into the Gospel of John for inspiration. Then, in slightly less theological matters than contractual interpretation, we look at what the Fifth Circuit cooked up when it comes to free speech. Whether you’re a veggie burger connoisseur or not, you’ll want to hear about Louisiana’s attempt to stymie the labeling of meatless meat such as Tofurky. IJ’s Betsy Sanz tells us why the court did not find the law unconstitutional, but also why that means the law might not end up doing very much.

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Shiloh Christian Center v. Aspen Specialty Insurance Co.

Turtle Island Foods v. Strain

Short Circuit 267 | Take It Apr 14, 2023

Show notes

Just compensation is a pretty basic part of the Constitution. Which is why this week’s panel is a little confused how the State of Minnesota thought it could just take a bunch of insulin without paying for it. IJ attorney Joe Gay joins us to explain what the Eighth Circuit had to say not just about just compensation but where a property owner goes to get it. Then IJ’s Anna Goodman tells another Eighth Circuit tale of a speedy trial that was not so speedy. But it turns out that’s ok. Even when it’s the government’s fault.

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All about Anthony’s book!

April 24 Feddie Night Fights debate

PhRMA v. Williams

U.S. v. Cooley

Short Circuit 266 | School Choice Special Apr 06, 2023

Show notes

On a special Short Circuit IJ’s Marie Miller sits down with a trio of school choice experts to provide an overview on where school choice is today. Nicole Garnett and Rick Garnett, both professors at Notre Dame Law School, join IJ’s Michael Bindas to discuss the history of school choice, answer common objections to school choice programs, and walk through some of the litigation that has culminated in the explosion of school choice programs we now see in 2023. The episode was recorded at the University of Notre Dame after a conference celebrating the publication of The Case for Parental Choice, a collection of essays by John Coons and edited by Nicole and Rick along with their colleague Ernest Morrell.

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The Case for Parental Choice

Zelman v. Simmons-Harris

Espinoza v. Montana Dept. of Revenue

Carson v. Makin

Short Circuit 265 | Time Travel Mar 30, 2023

Show notes

Wouldn’t it be fun to own a time machine? If you said yes then you’re a lot like the Fifth Circuit. Last week its full set of judges trotted out their own Delorean and ran it at 88 miles an hour while issuing an order denying an en banc motion. We’re calling this “time travel” because unlike a normal denial of en banc the court did so after it already had over three months ago and the losing side (represented by IJ!) had already filed a cert petition with the Supreme Court. IJ’s Bob McNamara comes on to discuss this bending of the space-time continuum, but also the bending of long-established property rights principles. The case concerns a takings claim against the State of Texas where the state is trying to get away with not paying property owners for flooding their land. And if the Fifth Circuit’s ruling stands it’ll get away with it now and into the future. Continuing on the time traveling theme, your host then tells a tale straight out of a Donna Tartt novel (well, a combination of two of them): A six-thousand-year-old idol that’s sold on the New York art market and is of . . . uncertain provenance.

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Devillier v. Texas (cert petition)

Devillier v. Texas (2d denial of en banc)

Turkey v. Christie’s

H.G Well’s The Time Machine

Donna Tartt’s The Secret History

Donna Tartt’s The Goldfinch

Short Circuit 264 | Evicting Innocent People Mar 23, 2023

Show notes

Can a city get a renter evicted for a crime they didn’t commit? Unfortunately, in cities across the country the answer is yes. On a special Short Circuit we dig into this outrageous, and immensely underreported, issue. Professor Katy Ramsey Mason of the University of Memphis joins us to discuss crime free rental ordinances, laws that allow cities for force landlords to evict tenants after anyone in their household is merely charged (not convicted) of a crime. And not a crime committed on the property, but anywhere in town. We also hear from IJ attorney Sam Gedge who is part of a team currently challenging one of the worst examples of these laws in Granite City, Illinois. The case is currently at the Seventh Circuit and will be argued later this year. We even play some audio clips of what the eviction process has been like in Granite City as people who have done nothing wrong are kicked out of their homes.

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Article in UCLA Law Review, “One-Strike 2.0”

IJ’s Granite City compulsory evictions case

ACLU case in Minnesota (now settled)

Short Circuit 263 | A Three Hour Tour Mar 14, 2023

Show notes

A nostalgic tale of judicial engagement where we examine whether recess is a crime and whether it’s fine for the government to follow your every move out on the water. First, Keith Neely of IJ joins us for the first time to discuss a Fourth Circuit opinion about a vague law that explicitly makes it illegal to be obnoxious. Then it’s his colleague Trace Mitchell’s turn with a Fifth Circuit tour of administrative law and the First Amendment. Keith also talks about the trivia test he had to take to become a circuit court clerk and how you pronounce “seconded.” (It’s not what you think. Unfortunately.) Plus, we close with a bit of rumination over “the youth of today” and how they can’t make obvious references to ‘60s sitcoms anymore.

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Carolina Youth Action Project v. Wilson

Mexican Gulf Fishing Co. v. U.S. Dept of Commerce

The British origins of “seconded”

Short Circuit 262 | Shielded Mar 08, 2023

Show notes

A special Short Circuit Live at Georgetown University hosts Joanna Schwartz of UCLA to discuss her book Shielded: How the Police Became Untouchable. And not only that, but after hearing her introduce the book itself we do a full Short Circuit looking at a number of recent cases in light of it. Anya Bidwell and Professor Schwartz are joined by professors Seth Stoughton, Carlos Manuel Vazquez, and Alex Reinert. Recorded on Tuesday, March 7 and co-sponsored with our friends at the Georgetown Center for the Constitution.

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Our March 31, 2023 conference on Meyer v. Nebraska

Come see Anthony on Thursday, March 16 at noon in Charleston, S.C.!

Work at IJ!

Shielded: How the Police Became Untouchable

Edwards v. City of Florissant

Sosa v. Martin County

Pettibone v. Russell Mack v. Williams

Mack v. Williams

Short Circuit 261 | Live at Southern Methodist University! Mar 02, 2023

Show notes

Short Circuit speaks with the law students at SMU in our first visit to The Big D. With Anya Bidwell as your host, she introduces us to Texas lawyers Zack Faircloth, Will Langley, and Don Tittle. They dig into recent cases on the Second Amendment, “premature bankruptcy,” vaping regulation, and (of course) qualified immunity. With more than one matter that seems to be on track for the Supreme Court this is the episode for Rick and Morty fans.

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United States v. Rahimi

Wages and White Lion Investments v. FDA (motions panel)

Wages and White Lion Investments v. FDA (merits panel)

In re LTL Management

Molina v. City of St. Louis

Rick and Morty “Spa Planet” episode

Short Circuit 260 | Unlimited Tariff Power Feb 23, 2023

Show notes

For the first time Short Circuit welcomes the Jones-Act-hating, free-trade-loving, tariff-busting, T-shirt-writing, and top-5-ranking Scott Lincicome of the Cato Institute. Scott introduces us to a rare breed at Short Circuit, the Court of Appeals for the Federal Circuit. That’s because the court just issued (another) opinion upholding some of the dumbest steel tariffs of recent years (and that’s saying a lot). Scott walks us through the supposed national security issues, how tariff sausage gets made, and where the courts might go from here. After a somewhat difficult segue we then move to Andrew Ward of IJ, who tells a wild story from the Sixth Circuit of a shed that catches on fire, a sketchy warrant, security cameras, noises that sound like someone is ripping down a roof, and several kilos of a mysterious white substance in the sink. But none of it ever happened because of the fruit-of-the-poisonous-tree doctrine. Finally, we end with a top-5 list from Scott.

Primesource Building Products, Inc. v. U.S.

U.S. v. Waide

Tariffs Foster Political Dysfunction T-shirt

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