The first two items in the Bill of Rights get top billing. Does a nine-year-old felony conviction for tax fraud justify continuing to deny someone their Second Amendment right to keep and bear arms? That’s something the Third Circuit addressed, with a spirited dissent. Patrick Jaicomo discusses this case about the Second in the Third. Meanwhile, the Fifth Circuit recognizes that new law has come to light regarding the First Amendment, and that changes everything for Dr. Ron Hines, in his quest to bring telemedicine to our animal friends. Without the aid of a fifth, Ari Bargil gives us the history of quite a bit of speech and rational basis action over the last few years in Circuit Number Five.

Transcript: https://ij.org/wp-content/uploads/2020/12/Short-Circuit-155-Edited.pdf
Folajtar v. Attorney General (2d Amendment case in the 3d Cir.), https://www2.ca3.uscourts.gov/opinarch/191687p.pdf?mkt_tok=eyJpIjoiT1RjNU56ZzVZVGhoWXpkayIsInQiOiJwbkE1NUdDNmN4ZStQQmlNQWxlUEQ0QWUwanY0ZVp6QWF3ZCtGWGI1ajRqa2t2TzhTTkZUcFhzNWw1XC9qcnpuamJVWXhybnhUc2ZmaHZYdnlnd2RodkxiODlCdVB1ZkJGOUJVZXJaVkYwZzNBRUVCUFJSbU00TUNnRjNpeHpLVFcifQ%3D%3D
Hines v. Quillivan, http://www.ca5.uscourts.gov/opinions/pub/19/19-40605-CV0.pdf
Engblom v. Carey (3d Amendment case in the 2d Cir.), https://casetext.com/case/engblom-v-carey
St. Joseph Abbey v. Castille, http://www.ca5.uscourts.gov/opinions%5Cpub%5C11/11-30756-CV1.wpd.pdf
Facts, Not Fantasy, https://ij.org/cje-post/facts-not-fantasy/
Bound By Oath podcast, https://ij.org/boundbyoath
Deep Dive podcast, https://ij.org/podcasts/deep-dive-podcast/
Brownback v. King, https://ij.org/case/brownback-v-king/
Tim Sandefur, Rational Basis and the 12(b)(6) Motion: An Unnecessary “Perplexity”, https://pacificlegal.org/wp-content/uploads/2014/11/Sandefur12b6.pdf
Patrick Jaicomo, https://ij.org/staff/patrick-jaicomo/
Ari Bargil, https://ij.org/staff/ari-bargil/
Anthony Sanders, https://ij.org/staff/asanders/

iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019
Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview
Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit
Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? [email protected]

Recent Episodes

Short Circuit 311 | SCOTUS Ladies

We’re joined by the SCOTUS Ladies, two “Supreme Court super fans.” They are Anastasia Boden and Elizabeth Slattery and they’re here to talk about their […]

Read More

Short Circuit 310 | Opening the Vaults

The Ninth Circuit recently had some pretty harsh words for the FBI’s egregious behavior when the Bureau decided to crack open some vaults in Los […]

Read More

Unpublished Opinions 5 | Legal Fictions

It’s the latest episode of Unpublished Opinions, a Short Circuit podcast (but not actually Short Circuit). This is the podcast where Institute for Justice attorneys […]

Read More

Short Circuit 309 | O’Scannlain O’Rama

It’s a clerk reunion this week, at least for two former clerks of Judge Diarmuid O’Scannlain of the Ninth Circuit. We welcome back David Lat […]

Read More