Short Circuit 176 | Conjunction Junction, what’s your function?

There’s this mysterious word in English that courts love to talk about, the Notorious A-N-D. Does it, in fact, mean “and?” Or does it mean “or?” The correction interpretation of the First Step Act—and a lot of years in prison for a lot of people—ride on the answer. Wesley Hottot explains how the Ninth Circuit and the Eleventh Circuit recently disagreed on this fundamental question. And can you sue over an unsolicited text message? Alexa Gervasi tells us what the Fifth Circuit said about this question, including how it relates to a public nuisance.

Transcript: https://ij.org/wp-content/uploads/2021/06/Short-Circuit-176_otter-FINAL.pdf
United States v. Garcon, https://media.ca11.uscourts.gov/opinions/pub/files/201914650.pdf
United States v. Lopez, https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/21/19-50305.pdf
Cranor v. 5 Star Nutrition, LLC, https://www.ca5.uscourts.gov/opinions/pub/19/19-51173-CV0.pdf
Justice Paul Thissen, When Rules Get in the Way of Reason: One judge’s view of legislative interpretation, https://cdn.ymaws.com/mcaa-mn.org/resource/resmgr/files/mcaa_news/J_Thissen_article_in_Bench_a.pdf
Alexa Gervasi, https://ij.org/staff/alexa-gervasi/
Wesley Hottot, https://ij.org/staff/whottot/
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 340 | No Way to Run a Railroad

An extremely sad case, especially for man’s best friend (dog-lover discretion is advised!), and a happy case for property rights. First, the Center for Judicial […]

Listen Now

Short Circuit 339 | The Crime of Journalism

Part of the job description of a journalist is talk to public officials, gather information, and report on it. Unfortunately, that seems to be a […]

Listen Now

Short Circuit 338 | Geofence Warrants

One reason we have a Fourth Amendment is to be free from general warrants, permission slips for the government to search, well, everything. Is that […]

Listen Now