When is a case over? As you’ll learn, that depends on a lot of weird stuff. IJ attorney Will Aronin walks us through the Ninth Circuit’s recent decision on everybody’s favorite bedtime reading, Rule 68 and offers of judgment. Seriously, it’s an untapped resource of the federal courts with some counterintuitive traps for lawyers who don’t read the rules. Then Jeff Redfern of IJ tells us about the latest chapter in mask lawsuits, this time from the Eighth Circuit. The court says part of the case (all of the case?) is moot, but with the pandemic it’s hard to know with any finality. There’s an invocation of Sisyphus that might not surprise you.
Click here for transcript.
May 25, 2023
Short Circuit 273 | Suing to Apportion Seats
Today we’re digging into the Fourteenth Amendment. No, not the part we usually talk about, Section 1, with its privileges or immunities, equal protection, and […]Read More
May 18, 2023
Short Circuit 272 | Elizabeth Warren and Jackets
If a sitting senator threatened you with censorship, would it matter what jacket she’s wearing? Although not an issue we discuss this week, it’s related […]Read More
May 11, 2023
Short Circuit 271 | The Cars Greatest Hits
Cars and free speech, what could be a more American combination? This week we’re playing a double-sided session that you can enjoy while honking your […]Read More
May 05, 2023
Short Circuit 270 | Baby Ninth Amendments
IJ attorney Josh Windham seizes the microphone and turns it around on your regular host, Anthony Sanders. Josh interviews Anthony about his new book, which […]Read More