Short Circuit 152: Election Law 2020 Special

What is with up with the torrent of election law cases coming out these days? IJ’s Diana Simpson and Anthony Sanders are here to give you the scoop. Actually, quite a few scoops, served up in the circuit courts of appeals the last few weeks, and even a couple Supreme Court cases, and a state supreme court case, thrown in. Cut down on just a smidgen of election confusion while time for that is running short.

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Newsletter: ij.org/about-us/shortcircuit/
Want to email us? shortcircuit@ij.org

Diana Simpson, https://ij.org/staff/diana-simpson/
Anthony Sanders, https://ij.org/staff/asanders/

Wise v. Circosta, https://www.ca4.uscourts.gov/Opinions/202104R1.P.pdf
Texas League of United Latin American Citizens v. Hughs, http://www.ca5.uscourts.gov/opinions/pub/20/20-50867-CV0.pdf
The New Georgia Project v. Raffensperger, https://media.ca11.uscourts.gov/opinions/pub/files/202013360.pdf
Richardson v. Hughs, http://www.ca5.uscourts.gov/opinions/pub/20/20-50774-CV0.pdf
Texas Democratic Party v. Abbott, http://www.ca5.uscourts.gov/opinions/pub/20/20-50407-CV1.pdf
Memphis A. Philip Randolph Institute v. Hargett, https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0331p-06.pdf
Priorities USA v. Nessel, https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0336p-06.pdf
Democratic National Committee v. Wisconsin State Legislature, https://www.scotusblog.com/case-files/cases/democratic-national-committee-v-wisconsin-state-legislature/
Republican Party of Pennsylvania v. Boockvar, https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-542.html

Recent Episodes

June 10, 2022

Short Circuit 223 | Clerks and Harassment

We discuss a couple legal immunities, one listeners will be familiar with and one that’s pretty unknown. The second is being addressed by our special guest, Aliza Shatzman. She is the co-founder of The Legal Accountability Project, a new nonprofit whose mission is to ensure that as many law clerks as possible have positive clerkship experiences while extending support and resources to those who do not. Aliza had a harrowing experience as a law clerk and found that the laws that apply to other government employees often don’t extend to those in the judicial branch. She also presents a recent case from the Fourth Circuit about a judicial branch employee who brought a number of claims to try and get around sovereign immunity—and actually succeeded on a few of them. Then Kirby Thomas West of IJ discusses a Fifth Circuit case with terrible facts, but a good outcome on the qualified immunity front.

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June 06, 2022

Short Circuit 222 | Live at IJ’s Law Student Conference

Recording in front of a live audience at the 2022 Institute for Justice’s Law Student Conference, we look at some of the best, and some of the worst, from the Fourth Circuit. First, Justin Pearson explains why a restriction on “political” advertising on the side of buses was unconstitutional even though it recognized the side of a bus is not a “public forum.” Then, Michael Bindas gives us his best sommelier (or is it wino?) impersonation and discusses a tipsy opinion allowing North Carolina to prevent out-of-state retailers from shipping wine to the state’s consumers. It’s pretty much not what the Supreme Court has said about the dormant Commerce Clause and alcohol.

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