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17 Jan 2019, 3:21 pm
The dispute arose in March 2018, when Secretary of Commerce Wilbur Ross announced that the 2020 census [read post]
13 Dec 2024, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New cert petition: Midland County, Tex. hired a prosecutor to secretly moonlight as a paid law clerk for nearly two decades, helping judges decide his and his colleagues' cases—an "utterly bonkers" due-process violation and a "DEFCON 1 legal scandal." But over the "emphatic[]" dissent of six judges, who asked the Supreme Court to… [read post]
8 Nov 2024, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Friends, the Supreme Court is conferring this very day about whether to take up Baker v. City of McKinney, which asks the question: If a SWAT team blows up an innocent person's house to apprehend a fugitive, who pays for the damage? The unlucky homeowner or the public as a whole? Defying fairness, justice, and 150 years of Supreme Court precedent, last year the… [read post]
16 Nov 2018, 1:00 pm
Civil disgorgement, mild chastisement, and a Third Amendment.Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the podcast: guns, peons, gag orders, and fossils. Click here for iTunes. Are we finally going to get some unlawful quartering law? Nope, the "Third Amendment" in this case refers to the agreement forcing Fannie Mae and Freddie Mac to give all of their profits to the feds in exchange for keeping them solvent during the 2008… [read post]
9 Nov 2018, 1:00 pm
Dinosaur mortal combat, the hose treatment, and the great high school impostor.Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. IJ was at the Florida Supreme Court this week arguing that a pair of programs, a scholarship for disabled students and a tuition tax credit, that allow 140,000 students to attend the school of their family's choice are constitutionally sound. Click here to read IJ Attorney Ari Bargil argue in the pages of the Orlando… [read post]
5 Oct 2018, 1:30 pm
Butter grades, toxic coal ash, and Stairway to Heaven.Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, the Supreme Court has long treated the nondelegation doctrine as a dead letter. Indeed, since 1935 no public nondelegation challenge has prevailed at SCOTUS, which is unfortunate; the doctrine was meant to safeguard the separation of powers (and thus individual liberty), and its disappearance coincides with rampant overcriminalization. But… [read post]
28 Sep 2018, 12:30 pm
Interviewing prisoners, Auer deference in criminal cases, and Rand Paul's neighbor.Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. After four years of litigation, Philadelphia's civil forfeiture machine will soon grind to a halt. IJ Senior Attorney Darpana Sheth has the details over at The Philadelphia Inquirer. Woman enlists the help of Virgin Island marshals with truant 15-year-old son. Allegation: Marshals arrive and find boy relaxing… [read post]
7 Sep 2018, 12:30 pm
Satanic standing, Studebaker, and breaking into prison.Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. This fall, the Supreme Court will consider whether the Eighth Amendment's Excessive Fines Clause applies to the states. That is, does the federal Constitution prevent state and local officials (rather than just federal ones) from imposing excessive fines disproportionate to the gravity of a given offense? The Indiana Supreme Court recently… [read post]
20 Jul 2018, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, the Federal Energy Regulatory Commission enables energy companies to seize land from property owners—on a vast scale—while evading judicial review. Which is egregious, say Robert McNamara of IJ and David Bookbinder of the Niskanen Center in The Wall Street Journal. New on the podcast: No suing TSA screeners, state protections against unreasonable searches, and FERC's… [read post]
13 Jul 2018, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. This month marks the 150th anniversary of the ratification of the 14th Amendment, which is a super big deal. Sheldon Gilbert, the director of IJ's Center for Judicial Engagement, explains why in USA Today. Also of note: This week IJ signed on to an amicus brief urging the Supreme Court to reconsider the doctrine of qualified immunity. Submitted by appellate litigator extraordinaire (and past… [read post]
22 Jun 2018, 1:00 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Big news! This week, the U.S. Supreme Court granted cert in Timbs v. Indiana, which will give the Court occasion to consider whether the Eighth Amendment's protections against excessive fines apply to the states. The Indiana Supreme Court said they didn't and permitted the civil forfeiture of a $40,000 truck (obtained licitly) over $225 worth of illegal drugs. Nick Sibilla has the story. For… [read post]
15 Jun 2018, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Praised by James Madison as a "bulwark in favor of personal security and private rights," the Contract Clause has long since fallen into obscurity and disuse, giving legislators relatively free rein to retroactively rewrite contracts. This week, the Supreme Court declined to reverse course, voting 8–1 to uphold a Minnesota law that automatically terminates life insurance designations… [read post]
8 Jun 2018, 1:44 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the podcast: offensively Big Pimpin', age limits for judges, a tyrannical wiffle ball tournament, and losing your driver's license over court fees. Click here for iTunes. Allegation: Days after LabMD, a cancer-screening lab, publicly criticized the FTC's yearslong investigation into a 2008 data breach at the lab, FTC staff recommend prosecuting the lab. Two staffers falsely… [read post]
27 Apr 2018, 1:15 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. This week on the podcast: a monkey selfie, Pharma Bro, eternal damnation & the minimum wage, and a drunken murder confession. Click here for iTunes. Obama Admin: Religious employers need not pay for contraception if that violates their beliefs, but they must notify a third party, which will then provide said coverage to employees. Little Sisters of the Poor: The notification requirement violates… [read post]
23 Mar 2018, 1:15 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. In The New York Times, IJ Senior Attorneys Robert McNamara and Paul Sherman urge Americans of all stripes to put aside their beliefs about abortion and root for an outcome in NIFLA v. Becerra, which was argued before the Supreme Court this week, that protects free speech. New on the podcast: a trio of bestirring property rights cases. Click here for iTunes. In an effort to crack down on robocalls, FCC… [read post]
2 Mar 2018, 1:00 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. The underlying premise of the Supreme Court's rational-basis doctrine is that the legislative and executive branches should have broad discretion to regulate the economy—and can be trusted to do so. But a review of funeral industry laws indicates that perhaps this trust is misplaced, argues IJ Senior Attorney Jeff Rowes in the Wake Forest Journal of Law & Policy. But if the Supremes… [read post]
19 Feb 2018, 8:00 am
After the riots in Ferguson, Mo., the DOJ investigated and found officials there routinely harass citizens with citations, court summons, and even arrests over minor code violations. To thwart such abuses, which are hardly limited to Ferguson, the Missouri legislature enacted a series of reforms to ensure cities use their code enforcement authority to protect the public from harm rather than fill municipal coffers. This session, however, legislation has been introduced to undo much of that good… [read post]
12 Feb 2018, 10:30 am
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. It would be a great victory for good food and good sense if two bills recently filed in the California and Arizona legislatures were passed into law, says IJ Reporting and Communications Associate Matt Powers. The bills would legalize mobile vending and food trucks, respectively, barring cities from imposing anticompetitive regulations while permitting local officials to address real health and safety… [read post]
29 Jan 2018, 8:00 am
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. This week, Alabama legislators introduced a bill that would eliminate civil forfeiture, meaning the state would no longer be able to take property from people acquitted of—or never charged with—a crime. Over at Forbes.com, IJ Legislative Analyst Nick Sibilla has the story. Among many other indignities that Providence, R.I. firemen heap on female colleague, station cook gives her meals that… [read post]
27 Jun 2019, 9:49 am
Chief Justice John Roberts joined the court’s four liberal justices in ruling that the justification [read post]
