Short Circuit 159: The Sub-Rational Basis Test
Podcast (short-circuit): Play in new window | Download
When a judge asks you a question, it’s best to give an answer. We briefly discuss an oral argument that IJ Senior Attorney Rob Frommer had last week on South Carolina’s civil forfeiture laws, and listen to some non-answers his opposing counsel gave. Then it’s on to the Fifth Circuit where the court wrestles with a COVID-19 order shutting down Louisiana’s bars, and the Seventh Circuit where both the plaintiff and defendant have some unconventional positions on standing. If you’re playing Short Circuit bingo this episode has got you covered: “Lochner,” “rational basis,” “civil forfeiture,” “Twitter Laureate,” and “subtreasury.”
Transcript: https://ij.org/wp-content/uploads/2021/01/Short-Circuit-159.pdf
South Carolina Civil Forfeiture, https://ij.org/case/south-carolina-civil-forfeiture/
Big Tyme Investments, LLC v. Edwards, https://www.ca5.uscourts.gov/opinions/pub/20/20-30537-CV0.pdf
Thornley v. Clearview AI, Inc., http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2021/D01-14/C:20-3249:J:Hamilton:con:T:fnOp:N:2644794:S:0
A Tale of Two Cases and Two Pandemics, https://ij.org/cje-post/a-tale-of-two-cases-and-two-pandemics/
Rob Frommer, https://ij.org/staff/rfrommer/
Josh Windham, https://ij.org/staff/joshua-windham/
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 372 | VHS Privacy

An old friend returns to Short Circuit, but it’s not a guest. It’s a case, Villarreal v. City of Laredo, where police retaliated against a […]
Listen NowShort Circuit 371 | Ten Years of Short Circuit

Last week the Short Circuit staff celebrated ten years of our inexhaustive coverage of the federal courts of appeals. At the Studio Theatre in Washington, […]
Listen NowShort Circuit 370 | Humans Only in the Copyright Office

Bad news for our AI listeners this week. The D.C. Circuit ruled that you cannot be the “author” of a copyrighted work. Only humans get […]
Listen NowShort Circuit 369 | Substantive Due Process, The Podcast

Most weeks we summarize two, sometimes three, cases from the federal courts of appeals. This week we provide to you free of charge (as always) […]
Listen Now