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Short Circuit

Short Circuit

By: Institute for Justice
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 The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law. http://ij.org/short-circuit© Institute for Justice Political Science Politics & Government
Episodes
  • Short Circuit 423 | Civil Forfeiture Flowcharts

    Short Circuit 423 | Civil Forfeiture Flowcharts
    Apr 10 2026
    The Institute for Justice is once again taking a close look at civil forfeiture. One of IJ’s leaders in our civil forfeiture work, Dan Alban, joins us to outline our new report Policing for Profit 4. Some listeners may be familiar with previous editions but, as Dan explains, in this one there’s a lot of new information and analysis, especially how civil forfeiture works procedurally and how those procedures fail the Supreme Court’s mandate that they be “timely.” Dan also discusses a recent Sixth Circuit case involving Bitcoin and civil forfeiture and how innocent owners of crypto are sometimes caught up in the forfeiture process. Then Marie Miller of IJ discusses a recent Seventh Circuit case about another government abuse near and dear to our hearts: qualified immunity. Some officers raided a rural Wisconsin property where they tackled a suspect and then “accidentally” (that’s disputed) hit him in the head with the butt of an M16. The court says with the facts being in dispute to a jury the case should go. Policing for Profit 4 U.S. v. 0.40401694 Bitcoin Steinhoff v. Malovrh Culley v. Marshall Indiana parcel forfeiture case BBO episode Pierson to Pearson
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    55 mins
  • Short Circuit 422 | My Name is Pastor Jennings

    Short Circuit 422 | My Name is Pastor Jennings
    Apr 3 2026
    When the police ask you for an I.D., when do you have to hand it over? That depends on a lot of facts and a lot of law, including whether a state has a statute allowing an officer to make you hand the I.D. over. Mike Greenberg of IJ reports on a ruling from the Alabama Supreme Court where a cop demanded a man watering flowers tell him who he was. The man said he was “Pastor Jennings” and lived across the street. That wasn’t good enough for the cop and after some escalation Paster Jennings (who really did live across the street) was arrested. After a long march through the Eleventh Circuit the matter was certified to state court on the scope of the underlying statute. Along with that statute come Fourth Amendment issues. And whether the Erie doctrine is hogwash. Then IJ’s Betsy Sanz discusses a recent Sixth Circuit appeal involving a man serially suing his city. His claims, and their frivolity, are one matter but the more interesting part of the story is his lawyers’ use of AI in writing the briefs. The court is not happy with this, nor with the lawyers’ response to its attempt to investigate two dozen fake citations. Register for “The Other Declarations of 1776” conference on April 10! Jennings v. Smith Whiting v. Athens (merits) Whiting v. Athens (AI sanctions) Hiibel v. Sixth Judicial Dist. Court
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    58 mins
  • Short Circuit 421 | What’s Your Favorite Circuit?

    Short Circuit 421 | What’s Your Favorite Circuit?
    Mar 27 2026
    With a baker’s dozen of circuits it’s hard to pick a favorite. Or is it? We sit down with three lawyers and scholars to ask what their favorite circuit is and why. Ben Field of IJ gives us his choice and we also bring on professors Tom Metzloff of Duke and Dawn Chutkow of Cornell. You’ll hear their impressions on how the courts work, what makes them special, and some behind-the-scenes stories (and even a conspiracy theory). But before all that we have Ben dig into a recent Ninth Circuit case concerning a Seattle ordinance that mandates policies and disclosures for app-based delivery companies. Are those policies “speech” and if so what does the First Amendment have to say about sending them to drivers? Plus, at the very beginning we give a shocking update to our #12Months12Circuits segment on the Fourth Circuit from last week. It seems there’s some trouble in the paradise of western North Carolina—or more properly put, a lack of trouble. At oral argument. And despite the statute that everyone will now be talking about: 28 U.S.C. § 48(a). Uber v. Seattle 28 U.S.C. § 48 Zauderer v. Office of Disc. Counsel
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    1 hr and 4 mins
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