Short Circuit 210 | Grand Juries and IRS Interpretations

As news followers over the last few years will know, grand jury records are super secret. But sometimes judges allow the word to get out, under certain narrow circumstances. Is one of them just that the records are old and historians find them interesting? Sorry, says the First Circuit, in the latest installment of a circuit split. Rob Frommer tells us all the history. Also, can the IRS get around the Administrative Procedure Act through some creative lawyering? No, says the Sixth Circuit. John Wrench walks us through a rhetorical lashing of our tax collectors.

Finally, come see Short Circuit Live in DC on April 6, 2022! The link to RSVP and join us is here: https://ij.org/event/scl/

In re: Petition for Order Directing Release of Records, http://media.ca1.uscourts.gov/pdf.opinions/20-1836P-01A.pdf

Mann Construction, Inc. v. United States, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0041p-06.pdf

Short Circuit Live at University of Georgia, https://shortcircuit.org/sc_podcast/124-live-at-uga-law/

Rob Frommer, https://ij.org/staff/rfrommer/

John Wrench, https://ij.org/staff/john-wrench/

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

Recent Episodes

June 10, 2022

Short Circuit 223 | Clerks and Harassment

We discuss a couple legal immunities, one listeners will be familiar with and one that’s pretty unknown. The second is being addressed by our special guest, Aliza Shatzman. She is the co-founder of The Legal Accountability Project, a new nonprofit whose mission is to ensure that as many law clerks as possible have positive clerkship experiences while extending support and resources to those who do not. Aliza had a harrowing experience as a law clerk and found that the laws that apply to other government employees often don’t extend to those in the judicial branch. She also presents a recent case from the Fourth Circuit about a judicial branch employee who brought a number of claims to try and get around sovereign immunity—and actually succeeded on a few of them. Then Kirby Thomas West of IJ discusses a Fifth Circuit case with terrible facts, but a good outcome on the qualified immunity front.

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June 06, 2022

Short Circuit 222 | Live at IJ’s Law Student Conference

Recording in front of a live audience at the 2022 Institute for Justice’s Law Student Conference, we look at some of the best, and some of the worst, from the Fourth Circuit. First, Justin Pearson explains why a restriction on “political” advertising on the side of buses was unconstitutional even though it recognized the side of a bus is not a “public forum.” Then, Michael Bindas gives us his best sommelier (or is it wino?) impersonation and discusses a tipsy opinion allowing North Carolina to prevent out-of-state retailers from shipping wine to the state’s consumers. It’s pretty much not what the Supreme Court has said about the dormant Commerce Clause and alcohol.

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