Today we’re digging into the Fourteenth Amendment. No, not the part we usually talk about, Section 1, with its privileges or immunities, equal protection, and all that. Not even Section 4 (debt ceiling?) or Section 3 (rebellion stuff). No, we’re digging into a super interesting case involving Section 2, the part that lowers a state’s Congressional representation if it abridges the right to vote. Jared Pettinato of Citizens for Constitutional Integrity, counsel in the lawsuit, joins us to discuss what it’s all about. We learn the history of Section 2, how Jared represents voters in states that lost members of Congress in the last census, how he’s suing the Census Bureau via the Administrative Procedure Act, and what a three-judge panel recently said about his clients’ standing. He also previews what’s ahead at the D.C. Circuit. After all that IJ’s Sam Gedge discusses Footnote 4. Not, not that Footnote 4, but a recent one from the Second Circuit that kind of said unpublished cases are actually published. Or did it?
Citizens for Constitutional Integrity v. Census Bureau
Recent Episodes
Short Circuit 437 | Privately Racing the Nondelegation Doctrine
An old friend rejoins the show, the Horseracing Integrity and Safety Act of 2020. It’s been trotting around the federal courts of appeals for a […]
Listen NowShort Circuit 436 | Retaliatory Justice
If you like the drama of local politics you’ll love this story, told by IJ’s Christian Lansinger, from the Sixth Circuit. A colorful and controversial […]
Listen NowShort Circuit 435 | 1776 and Judicial Review
Happy America’s 250th! To celebrate, we’re doing things the IJ Way, tying in the events of 1776 to something that emerged a few years later […]
Listen NowShort Circuit 434 | The Police Are the Emergency
If someone sues you for money you get to defend yourself in court. Right? Not really if you sign a confession of judgment, a contract […]
Listen Now