January 22, 2021

Short Circuit 159: The Sub-Rational Basis Test

32 minutes

When a judge asks you a question, it’s best to give an answer. We briefly discuss an oral argument that IJ Senior Attorney Rob Frommer had last week on South Carolina’s civil forfeiture laws, and listen to some non-answers his opposing counsel gave. Then it’s on to the Fifth Circuit where the court wrestles with a COVID-19 order shutting down Louisiana’s bars, and the Seventh Circuit where both the plaintiff and defendant have some unconventional positions on standing. If you’re playing Short Circuit bingo this episode has got you covered: “Lochner,” “rational basis,” “civil forfeiture,” “Twitter Laureate,” and “subtreasury.”

Transcript: https://ij.org/wp-content/uploads/2021/01/Short-Circuit-159.pdf

South Carolina Civil Forfeiture, https://ij.org/case/south-carolina-civil-forfeiture/

Big Tyme Investments, LLC v. Edwards, https://www.ca5.uscourts.gov/opinions/pub/20/20-30537-CV0.pdf

Thornley v. Clearview AI, Inc., http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2021/D01-14/C:20-3249:J:Hamilton:con:T:fnOp:N:2644794:S:0

A Tale of Two Cases and Two Pandemics, https://ij.org/cje-post/a-tale-of-two-cases-and-two-pandemics/

Rob Frommer, https://ij.org/staff/rfrommer/

Josh Windham, https://ij.org/staff/joshua-windham/

Anthony Sanders, https://ij.org/staff/asanders/

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