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Short Circuit

Short Circuit

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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 Ciencia Política Política y Gobierno
Episodios
  • Short Circuit 410 | Joan of Arc and Qualified Immunity

    Short Circuit 410 | Joan of Arc and Qualified Immunity
    Jan 9 2026
    What does qualified immunity have to do with Joan of Arc? Released on the anniversary of the start of her trial, this episode examines that question—from “the French perspective”—with two tales of qualified immunity. First, IJ’s Tahmineh Dehbozorgi presents a case from the Sixth Circuit where a police officer punched a mental hospital patient into a wall. The court concludes the punch violated the Constitution—but was it “clearly established”? The court says no, leaving the victim with no remedy. Ben Marsh of IJ then details an Eighth Circuit case about a protest in Omaha, Nebraska during the tumult of 2020. A SWAT officer fired pepper balls into the crowd which unfortunately hit a member of the public in the eye. Was that an unreasonable seizure? And did it violate the First Amendment? It doesn’t matter, because under qualified immunity both claims fail anyway. Guptill v. Chattanooga Keup v. Sarpy County Henry VI, Part 1 St. Joan by Shaw
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    1 h y 1 m
  • Short Circuit 409 | Obviously Unconstitutional

    Short Circuit 409 | Obviously Unconstitutional
    Jan 2 2026
    IJ’s Anya Bidwell interviews two civil rights lawyers for a wide-ranging conversation about what it’s like to litigate on behalf of people behind bars. She welcomes on Sam Weiss of Rights Behind Bars and Elizabeth Cruikshank of the Institute for Constitutional Advocacy and Protection (ICAP) to hear stories of qualified immunity, prison conditions, prisoners making their way in the court system without lawyers, and many other topics. To begin with we hear the story of what it was like for Sam, with Elizabeth’s assistance, to start a new nonprofit and then the story of an early success for them, the Supreme Court’s decision in Taylor v. Riojas, which jump-started the “obviousness” exception to grants of qualified immunity. Then each report on a recent success from the federal courts of appeals, Elizabeth’s from the Fourth Circuit and Sam’s from the Third. Apply to be a summer fellow at IJ here! Taylor v. Riojas Frazier v. Prince George’s County Montanez v. Price
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    1 h y 6 m
  • Short Circuit 408 | Get Off My Beach

    Short Circuit 408 | Get Off My Beach
    Dec 26 2025
    In the early days of the COVID pandemic, a county in Florida thought it was a good idea to keep people off of the beach. Even if they owned it. The beach owners were not able to access their beaches for weeks—although local police could. And did. The owners went to court and now, years later, the Eleventh Circuit has ruled that that was a taking under the Fifth Amendment to the U.S. Constitution. IJ’s An Altik takes us beachcombing. But first, Diana Simpson of IJ walks us through a fascinating concurrence from the Fifth Circuit about certification. That is the practice of lower federal courts asking state supreme courts what ambiguous state law actually “is.” One judge isn’t a fan and explains where the practice came from and why it’s now out of control. We get into the history of “general law” versus local law and what federal courts were originally designed to do. Stanford v. Brandon Nursing & Rehab. Ctr. Alford v. Walton County Cedar Point Nursery v. Hassid Bound By Oath episode discussing Erie
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    44 m
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