The Institute for Justice has asked the Supreme Court to take a case challenging Kentucky’s Certificate of Need law (aka a “CON law”—very much a double entendre). Two attorneys in the case, Andrew Ward and Bob Belden, discuss how their clients simply want to provide home health care to their own immigrant community, why the law that prevents that violates the Constitution, and how the Sixth Circuit disagreed. There’s a lot of discussion about how the rational basis test turns out to not be so rational. Then the panel moves on to a property rights case, also in the Sixth Circuit, challenging “equity theft.” You’ll learn a few things about law versus equity and why theft by the government is still theft.

Click here for transcript.

RSVP for Short Circuit Live in NYC on 10/26 here!

Tiwari v. Friedlander (Sixth Circuit)

Tiwari v. Friedlander (cert petition)

Hall v. Meisner

Short Circuit 175

Recent Episodes

Short Circuit 311 | SCOTUS Ladies

We’re joined by the SCOTUS Ladies, two “Supreme Court super fans.” They are Anastasia Boden and Elizabeth Slattery and they’re here to talk about their […]

Read More

Short Circuit 310 | Opening the Vaults

The Ninth Circuit recently had some pretty harsh words for the FBI’s egregious behavior when the Bureau decided to crack open some vaults in Los […]

Read More

Unpublished Opinions 5 | Legal Fictions

It’s the latest episode of Unpublished Opinions, a Short Circuit podcast (but not actually Short Circuit). This is the podcast where Institute for Justice attorneys […]

Read More

Short Circuit 309 | O’Scannlain O’Rama

It’s a clerk reunion this week, at least for two former clerks of Judge Diarmuid O’Scannlain of the Ninth Circuit. We welcome back David Lat […]

Read More