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, Justin Pearson of IJ explains the wide delegation of power that Congress gave OSHA and how the courts have hand-waived away any constitutional problems with that. That’s no different in the recent Sixth Circuit case, although there is an interesting dissent. Then, Brian Morris takes us down the Ohio River to a couple Kentucky cops who won’t take no—or “get a warrant”—for an answer. It’s a defeat for qualified immunity and a lesson on what the police will do even when the body cameras are on.
Click here for transcript.
Recent Episodes
Motte-and-Bailey Game
Short Circuit 358 | Motte-and-Bailey Game Can state officers simply come on your land and take samples of your dirt (and water) without a warrant? […]
Listen NowShort Circuit 357 | Drama at the City Council Meeting
City council meetings are usually sparsely attended, low key, unwatched affairs. Except when they’re not. This week we have two cases where those in power […]
Listen NowShort Circuit 356 | Christmas Sweater Law
Seasons greetings from Short Circuit! While you’re enjoying your holiday week at the end of 2024 we’re giving you the content you need: Christmas sweaters. […]
Listen NowShort Circuit 355 | Civil Rights Reform in the States
IJ’s Anya Bidwell guest hosts this special episode to ask what states and local governments can do to better protect their citizens’ rights, particularly when […]
Listen Now