How much power does the CDC have during the pandemic? Surprisingly, that was not the issue before a district court considering the constitutionality of the CDC’s eviction moratorium. Instead, it was how much power does the federal government have, virus or not. As Michael Bindas explains, that might have tipped the scales when the court interpreted the scope of the Commerce Clause. Out West, Alexa Gervasi walks us through the latest challenge to mandatory bar association dues. The Ninth Circuit says a Supreme Court precedent is on pretty shaky grounds these days, but as it’s the Supremes’ job to sort its own cases out, the lower court’s hands are tied. That’s true for the free speech claim, but on freedom of association there’s more wriggle room.

Transcript: https://ij.org/wp-content/uploads/2021/03/Short-Circuit-165.pdf
Terkel v. Centers for Disease Control and Prevention, https://files.texaspolicy.com/uploads/2021/02/25160210/045-Opinion-and-Order.pdf?utm_source=hs_email&utm_medium=email&_hsenc=p2ANqtz-_yj38m8dsqQuMMefjgKOjTMn-r345C5gtARN0qLZ_Yb3dh8Eo_3Ifdh6baGpsGd07pTnKW
Crowe v. Oregon State Bar, https://cdn.ca9.uscourts.gov/datastore/opinions/2021/02/26/19-35463.pdf
Michael Bindas, https://ij.org/staff/mbindas/
Alexa Gervasi, https://ij.org/staff/alexa-gervasi/
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 312 | The Power of FERC

An electric episode where we just might short the circuits. That’s because we dive into some capital “D” Drama at the Federal Energy Regulatory Commission. […]

Read More

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Unpublished Opinions 5 | Legal Fictions

It’s the latest episode of Unpublished Opinions, a Short Circuit podcast (but not actually Short Circuit).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