Short Circuit 182 | Putting the Protection in “Equal Protection”
Podcast (short-circuit): Play in new window | Download
Today we think of the Equal Protection Clause as requiring equal treatment of the laws. But in addition to anything else it covers, at its core it’s supposed to protect, well, equal protection. Yet if you bring a claim that you’re not being protected equally the courts generally have little to offer. However, civil rights attorney Laura Schauer Ives just won an appeal at the Tenth Circuit in a tragic case where the court did take “protection” seriously, denying qualified immunity to police officers who failed to protect a woman from her stalking ex-partner. She joins us to discuss the victory and its wider impact. Also, what’s a “closely-regulated industry?” That term is often used to deny businesses some of their Fourth Amendment protections, and the Ninth Circuit recently ruled that massage parlors qualify. IJ’s Josh Windham joins us to analyze whether this is becoming an exception that swallows the rule, i.e. the rule that the government come back with a warrant.
Click here for transcript.
Recent Episodes
Short Circuit 359 | Net Neutrality Flip Flops
A lot going on this week, including a lot of Short Circuit news. On the law side we talk about two recent opinions, one from […]
Listen NowMotte-and-Bailey Game
Short Circuit 358 | Motte-and-Bailey Game Can state officers simply come on your land and take samples of your dirt (and water) without a warrant? […]
Listen NowShort Circuit 357 | Drama at the City Council Meeting
City council meetings are usually sparsely attended, low key, unwatched affairs. Except when they’re not. This week we have two cases where those in power […]
Listen NowShort Circuit 356 | Christmas Sweater Law
Seasons greetings from Short Circuit! While you’re enjoying your holiday week at the end of 2024 we’re giving you the content you need: Christmas sweaters. […]
Listen Now