The Institute for Justice just issued a new report, 50 Shades of Government Immunity, about what happens when you go to state–not federal–court after the government violates your rights. The report grades every state for its access to justice as an alternative to the federal judiciary. Unfortunately, with just a couple exceptions, it doesn’t paint a pretty picture.

Two IJ attorneys, Anya Bidwell and Patrick Jaicomo, and Professor Alex Reinert of Cardozo Law, join Short Circuit to discuss the report and Professor Reinert’s related research. You’ll learn that while going to state court isn’t nearly as easy as some at the U.S. Supreme Court assume it to be, there are prospects for reform as well.

50 Shades of Government Immunity, https://ij.org/report/50-shades-of-government-immunity/

New Federalism and Civil Rights Enforcement, https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1478&context=nulr

Protecting Everyone’s Constitutional Rights Act (IJ’s model legislation), https://ij.org/legislation/protecting-everyones-constitutional-rights-act/

Alex Reinert, https://cardozo.yu.edu/directory/alexander-reinert

Anya Bidwell, https://ij.org/staff/anya-bidwell/

Patrick Jaicomo, https://ij.org/staff/patrick-jaicomo/

Anthony Sanders, https://ij.org/staff/asanders/

Recent Episodes

Short Circuit 354 | Grounds Increasingly Dubious

We start with a case that ticks a lot of Short Circuit boxes: eliminating governmental immunities, state constitutions, preliminary injunctions, conniving public officials, mootness, and […]

Listen Now

Short Circuit 353 | Jurisdictional Mavens

Notable—and quotable—Chicago lawyer Patrick Eckler joins us for a crash-course in Seventh Circuit paranoia (if you’re paranoid about jurisdictional questions at oral argument—which you really […]

Listen Now

Short Circuit 352 | Misinformation

We go online for some First Amendment content this week. First, IJ’s Jeff Redfern explains how the Eleventh Circuit concluded that CNN might be liable […]

Listen Now

Short Circuit 351 | State Court Shenanigans

A couple friends drop by this week who have overstayed their welcome: Rooker and Feldman. Together they make up the Rooker-Feldman doctrine, a weed that […]

Listen Now