Short Circuit 238 | Dude, Where’s My Passport?
Podcast (short-circuit): Play in new window | Download
If a doctor says a prisoner needs to take his medication, and you’re a prison guard, you should give the prisoner his medication. A number of prison officials in Utah seem to have failed to do this for someone in detox, leading to his death. Does that violate the Eighth Amendment’s prohibition on cruel and unusual punishments? Yes, said the Tenth Circuit, and the right is clearly established too, defeating qualified immunity. Tori Clark brings us this sobering case where, at least this time, the drunken logic of qualified immunity didn’t rear its ugly head. Also, we discuss what happens when you don’t pay your taxes and then sue about them. Turns out you can’t do that. You also might have your passport taken away. Which raises the question of whether you have a right to do that thing the passport is for—international travel. We pontificate about a Fifth Circuit case concerning taxes and a passport where there’s also a couple elephants in the room.
Click here for transcript.
Recent Episodes
March 14, 2023
Short Circuit 263 | A Three Hour Tour

A nostalgic tale of judicial engagement where we examine whether recess is a crime and whether it’s fine for the government to follow your every […]
Read MoreMarch 08, 2023
Short Circuit 262 | Shielded

A special Short Circuit Live at Georgetown University hosts Joanna Schwartz of UCLA to discuss her book Shielded: How the Police Became Untouchable. And not […]
Read MoreMarch 02, 2023
Short Circuit 261 | Live at Southern Methodist University!

Short Circuit speaks with the law students at SMU in our first visit to The Big D. With Anya Bidwell as your host, she introduces […]
Read MoreFebruary 23, 2023
Short Circuit 260 | Unlimited Tariff Power

For the first time Short Circuit welcomes the Jones-Act-hating, free-trade-loving, tariff-busting, T-shirt-writing, and top-5-ranking Scott Lincicome of the Cato Institute. Scott introduces us to a […]
Read More