Short Circuit

Can a city hold on to your car for three years for no reason? Unfortunately, the Sixth Circuit seems to think the answer is “yes,” although over a fiery dissent. This week Wesley Hottot presents Nichols v. Wayne County and the team muses about the application of a case from 1978 and whether it even applies in Detroit anymore. Also, Paul Sherman takes us into campaign season with a campaign through campaign finance (and administrative) law with CREW v. FEC. After the Supreme Court decided Citizens United v. FEC, nonprofits that are not generally required to disclose their donors began running political ads. A watchdog group sued the Federal Election Commission, alleging that federal law requires disclosure of donors to any group spending more than $250 on such ads and that the FEC is failing to enforce this requirement. And it won. Paul presents the case, but discusses whether it’s really a good idea to require disclosures of relatively small contributions in the “Google Age.”

iTunes: podcasts.apple.com/us/podcast/shor…uit/id309062019

Transcript: https://ij.org/wp-content/uploads/2020/09/Short-Circuit-145-Transcript.pdf

What brings all lawyers together? Hatred of PACER. Some nonprofits challenged the fees the federal courts charge for accessing court filings on the electronic records system. And they won. Kind of. But this doesn’t mean you get to stop paying to see legal documents. This week Diana Simpson explains the history of accessing court documents via modem, where those fees go, and how the Federal Circuit interpreted some obscure statutory language. Also, Congress has never defined the term, but for well over a century Congress has barred immigrants who are likely to become a "public charge." Can the Department of Homeland Security adopt a definition of the term that will render way more people inadmissible? The Fourth Circuit said yes, and went on to opine on the continuing controversy over “nationwide injunctions.” Adam Shelton discusses that case, as well as a couple other recent cases from the Second Circuit—on the exact same issue—and a different injunction case from Puerto Rico.

iTunes: podcasts.apple.com/us/podcast/shor…uit/id309062019

Transcript: https://ij.org/wp-content/uploads/2020/09/Short-Circuit-144-Transcript.pdf

Religious freedom v. anti-discrimination and a promise not to do bad things.

iTunes: podcasts.apple.com/us/podcast/shor…uit/id309062019

Transcript: https://ij.org/wp-content/uploads/2020/09/short-circuit-143.pdf

Excessive home foreclosures and parking fines.

iTunes: podcasts.apple.com/us/podcast/shor…uit/id309062019

Transcript: https://ij.org/wp-content/uploads/2020/10/Short-Circuit-142-edited.pdf

A police pizza raid and Fourth Amendment fireworks in the Fourth Circuit

iTunes: podcasts.apple.com/us/podcast/shor…uit/id309062019

Transcript: https://ij.org/wp-content/uploads/2020/10/Short-Circuit-141-edited.pdf

End times at the sheriff's department and Euclidean policing.

Transcript: https://ij.org/wp-content/uploads/2021/03/short-circuit-140.pdf

Sheriff case: https://ecf.ca8.uscourts.gov/opndir/20/06/191213P.pdf

A Week of Heavy Lifts: Closing Down Gyms in Michigan and a High-Profile Prosecution in DC.

Transcript: https://ij.org/wp-content/uploads/2021/03/Short-Circuit-139_otter.ai-final.pdf

Gym Injunction: https://ij.org/wp-content/uploads/2020/06/09915820907.pdf

A bunch of bad apples.

Transcript: https://ij.org/wp-content/uploads/2021/04/Short-Circuit-138.pdf

Case 1: http://www.ca5.uscourts.gov/opinions/unpub/19/19-40217.0.pdf

Qualified Immunity and George Floyd

iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019

Qualified immunity FAQ: https://ij.org/frequently-asked-questions-about-ending-qualified-immunity/

Ever wonder what it's like to argue at the Supreme Court? In a special episode, Anya Bidwell interviews four IJ attorneys who have been in the hot seat.

Use iTunes? itunes.apple.com/us/podcast/short…cuit/id309062019

Transcript: https://ij.org/wp-content/uploads/2021/06/short-circuit-136_otter.ai-FINAL.pdf