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.
Recent Episodes
September 28, 2023
Short Circuit 291 | Stanford’s Supreme Court Clinic

We visit some friends of the Institute for Justice at the Supreme Court Litigation Clinic at Stanford Law School. The clinic allows law students to […]
Read MoreSeptember 26, 2023
Unpublished Opinions 2 | Justice Holmes Love Letters

It’s the second episode of Unpublished Opinions, a Short Circuit podcast. This time we’re once again joined by Institute for Justice attorney Anya Bidwell, but […]
Read MoreSeptember 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 More