Short Circuit

Bitten by a police dog, shot by a police officer, and sexually assaulted by a corrections officer. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Dog bite: http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0566n-06.pdf ACLU petition for cert: https://www.acludc.org/sites/default/files/field_documents/baxter_petition_for_certiorari.pdf Shot by police: http://media.ca11.uscourts.gov/opinions/pub/files/201715566.pdf Corrections officer sex assault: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D06-26/C:18-1498:J:Brennan:aut:T:fnOp:N:2361273:S:0 IJ amicus in support of en banc review: https://ij.org/wp-content/uploads/2019/07/ML-brief.pdf

Criticizing the police, prayers at public meetings, and Twitter as public forum. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Police non-disparagement: http://www.ca4.uscourts.gov/opinions/172444.P.pdf Prayers at gov’t meetings: http://media.ca11.uscourts.gov/opinions/pub/files/201715769.pdf Trump on Twitter: https://ij.org/wp-content/uploads/2019/07/18-1691_opn.pdf

Litigating under seal, flags as gov’t speech, and dangerous cell phones. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Epstein redactions: https://ij.org/wp-content/uploads/2019/07/18-2868_16-3945_complete_opn.pdf Boston flag: http://media.ca1.uscourts.gov/pdf.opinions/18-1898P-01A.pdf Cell phone radiation: http://cdn.ca9.uscourts.gov/datastore/opinions/2019/07/02/16-15141.pdf

Before the government can take away your life, liberty, or property, it must first give you due process: fair and meaningful procedure. On this episode, we trace the history of due process from 1215 to today. And we head to Harris County, Texas, which operates the the third-largest jail in the country, to see why federal courts say its system of money bail violated that ancient guarantee.

Cursing at the police, suspending drivers’ licenses over unpaid court debt, and eight months of warrantless home surveillance. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Cursing at the police: https://ecf.ca8.uscourts.gov/opndir/19/06/173419P.pdf Nieves v. Bartlett: https://www.scotusblog.com/case-files/cases/nieves-v-bartlett/ Court debt: http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0086p-06.pdf Warrantless surveillance: https://ij.org/wp-content/uploads/2019/06/u.s.-v.-daphne-moore.pdf

A Seventh Circuit extravaganza featuring Tacy Flint, Will Baude, and Jim Pfander. The episode was recorded before a live student audience at the University of Chicago Law School at the invitation of UChicago chapter of the Federalist Society.   Tacy Flint is a partner at Sidley Austin who has practiced before the U.S. Supreme Court and numerous federal courts of appeal. She clerked for Justice Stephen Breyer and Judge Richard Posner. Tacy is a UChicago law grad.   Will Baude is a professor at UChicago Law and the author of Is Qualified Immunity Unlawful? Will clerked for Chief Justice John Roberts, Judge Michael McConnell and at the Institute for Justice.   Jim Pfander is a professor at Northwestern Law and the author of many articles examining Bivens and the importance of remedies against federal officers for constitutional violations. Jim clerked for Judge Levin Campbell. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundclo

After the Civil War, what many Americans needed most was protection from violence. That’s what the Equal Protection Clause was meant to guarantee, but today the Clause does entirely different work. On this episode: a tour of the history and meaning of the Clause and how African-style hair braiders use it today to protect their right to earn an honest living. For more resources: https://ij.org/sc_long_podcast/episode-5-tangled-the-equal-protection-clause/

Police theft, forfeiture pleading standards, and fetal tissue transfers. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Police theft: http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/20/17-16756.pdf Civil forfeiture: https://ecf.ca8.uscourts.gov/opndir/19/03/163646P.pdf Fetal tissue: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D03-14/C:18-1146:J:Easterbrook:aut:T:fnOp:N:2308370:S:0

In 1873, the Supreme Court said that the Privileges or Immunities Clause protects a right to “use the navigable waters of the United States”—and not much else. But in the nearly 150 years since, the Court has never examined what the right to use the navigable waters means in practice. On this episode: a pair of brothers from Stehekin, Washington, try to change that.

Facebooking jurors, an unpopular church, a very bad cop, and a tire-tapping trespass. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Facebooking jurors: http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0015p-06.pdf Church zoning: http://www.ca4.uscourts.gov/opinions/181450.P.pdf Little Rock’s finest: http://media.ca8.uscourts.gov/opndir/19/02/172079P.pdf Tire tap search: http://www.ca5.uscourts.gov/opinions/pub/17/17-40299-CR0.pdf

The Privileges or Immunities Clause was meant to be one of the key liberty-protecting provisions of the Fourteenth Amendment. The Clause says: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” That sounds like a big deal, right? It’s not. The Clause has been virtually read out of the Constitution, and for people trying to vindicate their civil rights in court, it’s been of little practical use. That story—the near redaction of the Clause—begins with the Slaughterhouse Cases, which the U.S. Supreme Court decided in 1873. On Episode Three of Bound By Oath: What rights were the Framers of the Fourteenth Amendment seeking to protect through the Privileges or Immunities Clause? And what happened to the Clause? More resources here: https://ij.org/sc_long_podcast/all-but-redacted-the-privileges-or-immunities-clause/

No Fly List games and no sovereign immunity over Flint’s water crisis or Ferguson’s fines and fees. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org No Fly List games: http://cdn.ca9.uscourts.gov/datastore/opinions/2019/01/02/14-16161.pdf Flint water crisis: http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0003p-06.pdf Ferguson fines and fees: http://media.ca8.uscourts.gov/opndir/19/01/181472P.pdf

Flight risks, using police databases for personal reasons, and a sentencing brouhaha. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Flight risk: http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0262p-06.pdf Police databases: https://ij.org/wp-content/uploads/2018/12/gorman.pdf Concurrent v. consecutive sentencing: http://www.ca4.uscourts.gov/opinions/177082.P.pdf

At the close of the Civil War, some 4 million slaves became free. But almost immediately after hostilities ceased, leaders in the ex-Confederate states began to impose a series of laws, the Black Codes, that re-instituted slavery in all but name. Just as swiftly, a wave of terrorist violence swept across the South, targeting blacks seeking education, economic independence, and a voice in civic and political life—and also whites with Union sympathies. In Washington, D.C., Republican leaders grappled with another problem: When the Southern states rejoined the Union, they would do so with more political power than they’d enjoyed prior to secession—the consequence of each African-American now counting as five-fifths, rather than three-fifths, of a person. iTunes: https://itunes.apple.com/us/podcast/bound-by-oath-by-ij/id1445199346?mt=2

Ep. 1: Before the Fourteenth: John Rock and the Birth of Birthright Citizenship by Institute for Justice

The defense of hearth and home, peonage, a gag order about hog farms, and dueling dinosaurs. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Gun permits: http://media.ca1.uscourts.gov/pdf.opinions/17-2202P-01A.pdf Debt peonage: http://media.ca11.uscourts.gov/opinions/pub/files/201711554.pdf Hog farm speech: http://www.ca4.uscourts.gov/opinions/181762.P.pdf Dueling dinos: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/11/06/16-35506.pdf

A Fifth Circuit extravaganza featuring Jane Webre, Kyle Hawkins, Steve Vladeck, and Evan Young. The episode was recorded before a LIVE student audience at the University of Texas School of Law in Austin at the invitation of the UT chapter of the Federalist Society. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Jane Webre is a partner at Scott Douglass and McConnico. She handles most of the firm’s appeals, including in the Fifth Circuit and the U.S. Supreme Court. Jane prevailed as counsel for petitioners in Gunn v. Minton, a SCOTUS case involving jurisdiction of state courts. She clerked for Judge Reynaldo Garza on the Fifth Circuit, a Jimmy Carter appointee. Jane is a UT Law grad. Kyle Hawkins is the current solicitor general of Texas. Prior to this appointment, he served as an assistant to solicitor gen

Sciencing the heck out of Auer deference, cruel and unusual punishment of the homeless, and Pride Festival picketing. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Positional isomers: http://media.ca11.uscourts.gov/opinions/pub/files/201710397.pdf Homeless citations: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/04/15-35845.pdf Pride picketing: http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0472n-06.pdf

This week, we traveled to Chapel Hill to record a special live edition at the UNC school of law at the invitation of the UNC chapter of the Federalist Society. The episode features special guest Chris Brook of the ACLU of North Carolina as well as IJ’s very own Justin Pearson. Work at IJ! https://ij.org/opportunities/employment-opportunities/?p=job%2FoUzy8fwT Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Gundy: https://ij.org/wp-content/uploads/2018/10/SCOTUS-Gundy-v.-US-Brief-of-Amicus-Curiae-Institute-for-Justice_6.1.2018.pdf Bladensburg Cross: http://www.ca4.uscourts.gov/Opinions/Published/152597.P.pdf Chris Brook: https://www.acluofnorthcarolina.org/en/biographies/chris-brook Justin Pearson: https://ij.org/staff/justin-pearson/