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.

Recent Episodes

September 26, 2023

Unpublished Opinions 2 | Justice Holmes Love Letters

It’s the second episode of Unpublished Opinions, a Short Circuit podcast. This time we’re once again joined by Institute for Justice attorney Anya Bidwell, but […]

Read More

September 15, 2023

Short Circuit 289 | Property Rights FTW

We celebrate, and dig into, two victories for property rights this week—both in IJ cases! First, IJ’s Wesley Hottot discusses the Sixth Circuit’s opinion in […]

Read More