Wouldn’t it be fun to own a time machine? If you said yes then you’re a lot like the Fifth Circuit. Last week its full set of judges trotted out their own Delorean and ran it at 88 miles an hour while issuing an order denying an en banc motion. We’re calling this “time travel” because unlike a normal denial of en banc the court did so after it already had over three months ago and the losing side (represented by IJ!) had already filed a cert petition with the Supreme Court. IJ’s Bob McNamara comes on to discuss this bending of the space-time continuum, but also the bending of long-established property rights principles. The case concerns a takings claim against the State of Texas where the state is trying to get away with not paying property owners for flooding their land. And if the Fifth Circuit’s ruling stands it’ll get away with it now and into the future. Continuing on the time traveling theme, your host then tells a tale straight out of a Donna Tartt novel (well, a combination of two of them): A six-thousand-year-old idol that’s sold on the New York art market and is of . . . uncertain provenance.
Devillier v. Texas (cert petition)
Devillier v. Texas (2d denial of en banc)
Recent Episodes
Short Circuit 449 | Supreme Court Preview
Our annual Supreme Court term preview, this year from Wake Forest Law and released today, First Monday, the first day of the Supreme Court’s new […]
Listen NowShort Circuit 448 | Are Prediction Markets Legal?
We’ve all seen the ads for prediction markets, like Kalshi, and some of us have even placed bets with them. But are they actually “bets”? […]
Listen NowShort Circuit 447 | How Constitutional Are Your Claims?
We focus on a district court case that has appellate court explanatory power. As our special guest Professor Robert Steinbuch says, if you reside in […]
Listen NowShort Circuit 446 | SWAT Teams at the Supreme Court
Say a gaggle of police with military-grade toys fire a boatload of tear gas into a home and then run in and break a bunch […]
Listen Now