Short Circuit 250 | Thanksgiving for the Arrest

One of our oldest friends (well, not really a “friend”) is back, the rational basis test. Turns out the government can justify refusing to give someone a license on the grounds that it’s extra work for the government itself to have to issue the license. That sounds kinda weird, right? IJ attorney Josh House agrees, as he discusses a new case from the Fifth Circuit. But it’s not all bad news this week. In the Sixth Circuit the police can’t receive qualified immunity when they lie on a police report. Turns out that’s an “obvious” constitutional violation. Yeah, who knew? Jared McClain of IJ explains pretty much everyone did.

Click here for transcript.

Newell-Davis v. Phillips

Caskey v. Fenton

St. Joseph Abbey v. Castille

Taylor v. Riojas

Recent Episodes

Short Circuit 432 | Moth-Eaten Precedent

A wild, and tragic, story from the Fifth Circuit with a bit of good (yet confusing) news at the end. IJ’s Diana Simpson tells us […]

Listen Now

Short Circuit 431 | Hard but not Impossible

We welcome back a treasured many-times guest, the first time since he’s left IJ. Brian Morris served in our merry band of libertarian litigators for […]

Listen Now