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)
Recent Episodes
September 21, 2023
Short Circuit 290 | Supreme Court Preview at UNC!

For the 7th year in a row Short Circuit travels to the University of North Carolina School of Law to preview the upcoming Supreme Court […]
Read MoreSeptember 15, 2023
Short Circuit 289 | Property Rights FTW

We celebrate, and dig into, two victories for property rights this week—both in IJ cases! First, IJ’s Wesley Hottot discusses the Sixth Circuit’s opinion in […]
Read MoreSeptember 07, 2023
Short Circuit 288 | Nondelegating Warrants

Two old favorites this week: The nondelegation doctrine and the phrase “come back with a warrant.” And both from the culturally varied Sixth Circuit. First, […]
Read MoreAugust 30, 2023
Short Circuit 287 | Where the Sidewalk Ends

The members of the Nashville City Council are apparently big fans of sidewalks to nowhere. In order for property owners to get a permit they […]
Read More