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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 400 | Is Sharing Your Password a Federal Crime?

    Short Circuit 400 | Is Sharing Your Password a Federal Crime?
    Oct 31 2025
    If you think you’ve worked in a bad job you might want to first hear the first case we have this week, brought to you by IJ’s Michael Soyfer. It might give you a bit of cheerful perspective. An employee was out with Covid when suddenly her employer needed her password for an urgent task. She shared it with a coworker friend which then got the job done. Months later, though, the two workers left the company and sued for sexual harassment. In return, the employer sued them for violating the Computer Fraud and Abuse Act, a law passed in 1986 in a simpler computing time. The end result, courtesy of the Third Circuit, is that the women did not commit a crime and their harassment claims could proceed. (If they had committed a crime then so might many of us.) Then Sam Gedge of IJ updates us on his Younger abstention quest. A group of physicians were disciplined for saying things about the Covid vaccine that Washington State officials did not like. So they sued those officials to vindicate their rights. But the Ninth Circuit said their claims could not go forward because, among other reasons, there were ongoing matters in a state agency and also because there were matters that weren’t in a state agency. Confused? Sam will try and unconfuse you. NRA Group v. Durenleau Stockton v. Brown Short Circuit Younger 50th Anniversary episode Orin Kerr amicus on the CFAA IJ’s case for psychologist John Rosemond IJ’s “caveman blogger” case
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    56 mins
  • Short Circuit 399 | Weekend at Humphrey’s

    Short Circuit 399 | Weekend at Humphrey’s
    Oct 24 2025
    It’s Short Circuit Live from Antonin Scalia Law School at George Mason University with a D.C. Circuit special! We review opinions from a court that “many people are saying” is the second-most-important in the land. With a full state of very special guests: GMU’s own Todd Zywicki, Casey Norman of the New Civil Liberties Alliance, and IJ’s own Bob Belden. Professor Zywicki discusses a pair of recent D.C. Circuit rulings on attempted firings at the FTC and the Federal Reverse that revolve around the fate of Humphrey’s Executor. Then, Casey shares a saga of the reporter’s privilege under the First Amendment and how it can conflict with the Privacy Act. Finally, Bob asks who wants to be a millionaire? (If you do, turns out a good path is narcing on a Wall Street firm for underpayment of taxes while filing the correct IRS form.) Slaughter v. Trump (D.C. Circuit denial of stay) Cook v. Trump (D.C. Circuit denial of stay) Trump v. Slaughter (SCOTUS grant of stay) Chen v. FBI In re: Sealed Case Short Circuit 214 (D.C. Circuit special)
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    1 hr and 14 mins
  • Short Circuit 398 | Religious Fact Checks

    Short Circuit 398 | Religious Fact Checks
    Oct 17 2025
    “Religion” and “fact checks” don’t normally go together. But an employer did so when some employees tried to obtain a religious accommodation from a COVID vaccine requirement. Matt Liles of IJ explains that the employer didn’t exactly “fact check” religion itself, but tried to point out that other religious leaders were OK with the vaccine and so should the employees. This all ends up in federal court under Title VII where the Sixth Circuit has to fix some errors in the district court and straighten out how Title VII works. The court also hints that the way to deal with religious accommodations isn’t to use “fact checks.” Then IJ’s Christian Lansinger brings us to the Eight Circuit where 3M—famous for Scotch tape and Post-its—was fighting with the IRS over how much money it owed via its Brazilian subsidiary. The fight revolved around an IRS regulation and how much deference to give the agency in interpreting a Congressional statute. That all changed last year at the Supreme Court with the overturning of the Chevron doctrine. How does the IRS do in this brave new world? Not well, it turns out. Bilyeu v. UT-Battelle 3M v. Commissioner Loper Bright Enters. V. Raimondo IJ’s IRS and tax preparers case
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    48 mins
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