April 14, 2022
Episode 215 | You Say Habeas I Say Mandamus
We focus in on two Latin words this week: habeas and mandamus. Both usually mean “you lose.” But things somehow turned out differently in the Fourth Circuit and Fifth Circuit. Hear the story of a man trapped in prison for a small drug sale for almost a decade who fights his way through the state and federal courts and wins himself a new trial. IJ’s Bob Belden tells that tale. And then there’s a story about guns, the Internet, speech, the differences between Texas and New Jersey, and transfer orders. Alexa Gervasi gets us up to speed on that saga. She also previews a new IJ case about a prosecutor working for a judge he practiced before. It’s as bad as it sounds.
Listen NowApril 08, 2022
Episode 214 | Short Circuit Live returns to the D.C. Circuit
Short Circuit Live returns with an all-star all-D.C. Circuit panel! IJ attorney Anya Bidwell hosts a discussion with three Supreme Court lawyers (and former D.C. Circuit clerks), Lisa Blatt, Kelsi Brown Corkran, and Paul Clement. They reminisce about their days clerking for D.C. Circuit judges and analyze three recent circuit opinions on liability under terrorism laws, executive privilege, and no-fly lists.
Listen NowMarch 31, 2022
Short Circuit 213 | Antitrust Smiles and Judgment Frowns
Some property owners sued an arm of the State of Louisiana for damages and won a $10 million judgment. Wow, that’s real money! Except, because […]
Listen NowMarch 24, 2022
Short Circuit 212 | Lehto’s Law
Michigan lawyer and YouTube legal sensation Steve Lehto joins us this week. We talk a bit about his career as a broadcaster, consumer protection lawyer, […]
Listen NowMarch 17, 2022
Short Circuit 211 | Cohen the Police
Like owls? We’ve got owls. Two of them. But they don’t like each other. Ben Field explains how the Ninth Circuit adjudicated with this Parliament […]
Listen NowMarch 11, 2022
Short Circuit 210 | Grand Juries and IRS Interpretations
As news followers over the last few years will know, grand jury records are super secret. But sometimes judges allow the word to get out, […]
Listen NowFebruary 25, 2022
Short Circuit 208 | The Government Is Special
Wanna get mad? This week we’ve got you covered. Two cases where the government plays by different rules from the rest of us. First Jaba […]
Listen NowFebruary 17, 2022
Short Circuit 207 | West Coast Hits
Following in the footsteps of last week’s Super Bowl halftime show, we’re keeping it West Coast today. Two cases from the Ninth Circuit that are […]
Listen NowFebruary 09, 2022
Short Circuit 206 | 50 Shades of Government Immunity
The Institute for Justice just issued a new report, 50 Shades of Government Immunity, about what happens when you go to state–not federal–court after the […]
Listen NowFebruary 04, 2022
Short Circuit 205 | Foreign Divorces
Divorce can be hard on the kids. Especially when the divorce was 40 years ago, the government doesn’t believe it happened, and your U.S. citizenship […]
Listen NowJanuary 28, 2022
Short Circuit 204 | Contracts and Blood Spatters
Sometimes when the government does bad things to you it violates the Constitution. And sometimes it just violates the contract. Jeff Rowes explains the difference, […]
Listen NowJanuary 21, 2022
Short Circuit 203 | I Have No Idea What's Going On
Is it “on bonk” or “n bank”? IJ lawyers disagree on how to pronounce a full court of appeals considering a case. But whatever your […]
Listen NowJanuary 13, 2022
Short Circuit 202 | Rules for Traffic Stops
Ever wondered when the police can pull you over and what they can do once you stop? Then this episode brings news you can use […]
Listen NowJanuary 06, 2022
Short Circuit 201 | The Fifth Circuit: It's Complicated
It’s a new year but little is new with qualified immunity in the Fifth Circuit. Or is it? Easha Anand of the MacArthur Justice Center […]
Listen NowDecember 17, 2021
Short Circuit 200 | Origins
It’s our 200th episode! We’re taking this second century as an excuse to explore where Short Circuit came from and what it’s done, both the […]
Listen NowDecember 09, 2021
Short Circuit 199 | The Right Not To Be Framed and It's Greek To Me
In what may be the most obvious of examples of obvious constitutional violations, we discuss the right to not have the police put you in […]
Listen NowDecember 02, 2021
Short Circuit 198 | International Trade and Standing for Guns
Where do you go to challenge an illegal tax? Well, if that tax is a tariff your destination is the United States Court of International […]
Listen NowNovember 19, 2021
Short Circuit 197 | No Vehicles in the Park Remix
Fans of the Hart-Fuller debate are gonna love this one. As will normal people who have no idea what that means. Legal philosopher HLA Hart […]
Listen NowNovember 12, 2021
Short Circuit 196 | 50 Years of "Our Federalism"
In addition to some other civil rights anniversaries, 2021 marks 50 years since the Supreme Court decided Younger v. Harris. There, the Court made it […]
Listen NowOctober 28, 2021
Short Circuit 195 | Pride and Prejudice in Prison
What’s too hot a novel for a prisoner? Apparently “Pride and Prejudice: The Wild and Wanton Edition” meets that standard. The Eighth Circuit dug into […]
Listen NowOctober 21, 2021
Short Circuit 194 | Arboreal Takings and the Sidewalks of New York
How can the government encourage us to keep our trees? In all kinds of ways, but not through mandating the replanting of trees regardless of […]
Listen NowOctober 15, 2021
Short Circuit 193 | Hamilton Singing Fire in a Crowded Theater
What did Alexander Hamilton tell the Marquis de Lafayette on July 21, 1780? Probably not that his letter would be the subject of a civil […]
Listen NowOctober 08, 2021
Short Circuit 192 | Standing Up for a Dollar
It’s taken five years, but the clients of IJ senior attorney Paul Avelar can now finally get their day in court thanks to a ruling […]
Listen NowOctober 01, 2021
Short Circuit 191: Judicial Activism for Reals
Frustrated with the deeply complicated issue of homelessness on Los Angeles’s skid row, a district court took the law into its own hands and ordered […]
Listen NowSeptember 23, 2021
Short Circuit 190: A Crime a Day in Prison
Mike Chase, author of “How to Become a Federal Criminal” and the man behind the @CrimeADay Twitter account, joins us to lay out the Eighth […]
Listen NowSeptember 17, 2021
Short Circuit 189 | Supreme Court Preview, OT 2021
For the fifth year in a row the Center for Judicial Engagement travels to the University of North Carolina School of Law to preview the […]
Listen NowSeptember 02, 2021
Short Circuit 188 | Chalked Tires and the Other ACA
Ever rolled your tires to try and cover up the meter maid’s chalk mark? No, me neither . . . But even if you haven’t, […]
Listen NowAugust 26, 2021
Short Circuit 187 | How Binding Is Your Dicta?
The Third Circuit allowed a Second Amendment case challenging Robinson Township’s new zoning ordinance to proceed. Did they town change their zoning laws just to […]
Listen NowAugust 12, 2021
Short Circuit 186 | Chillin’ With Uber
Usually a “chill” on your freedom of speech is the easiest constitutional injury to prove. But in the Tenth Circuit it seems if you speak […]
Listen NowAugust 05, 2021
Short Circuit 185 | Guns and Football
More on two of America’s favorite subjects this week. Josh House rejoins us as we analyze six separate opinions about one football coach. Josh last […]
Listen Now