Short Circuit

Flight risks, using police databases for personal reasons, and a sentencing brouhaha.

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Flight risk: http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0262p-06.pdf

At the close of the Civil War, some 4 million slaves became free. But almost immediately after hostilities ceased, leaders in the ex-Confederate states began to impose a series of laws, the Black Codes, that re-instituted slavery in all but name. Just as swiftly, a wave of terrorist violence swept across the South, targeting blacks seeking education, economic independence, and a voice in civic and political life—and also whites with Union sympathies. In Washington, D.C., Republican leaders grappled with another problem: When the Southern states rejoined the Union, they would do so with more political power than they’d enjoyed prior to secession—the consequence of each African-American now counting as five-fifths, rather than three-fifths, of a person.

iTunes: https://itunes.apple.com/us/podcast/bound-by-oath-by-ij/id1445199346?mt=2

Ep. 1: Before the Fourteenth: John Rock and the Birth of Birthright Citizenship by Institute for Justice

The defense of hearth and home, peonage, a gag order about hog farms, and dueling dinosaurs.

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Gun permits: http://media.ca1.uscourts.gov/pdf.opinions/17-2202P-01A.pdf

A Fifth Circuit extravaganza featuring Jane Webre, Kyle Hawkins, Steve Vladeck, and Evan Young. The episode was recorded before a LIVE student audience at the University of Texas School of Law in Austin at the invitation of the UT chapter of the Federalist Society.

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Jane Webre is a partner at Scott Douglass and McConnico. She handles most of the firm’s appeals, including in the Fifth Circuit and the U.S. Supreme Court. Jane prevailed as counsel for petitioners in Gunn v. Minton, a SCOTUS case involving jurisdiction of state courts. She clerked for Judge Reynaldo Garza on the Fifth Circuit, a Jimmy Carter appointee. Jane is a UT Law grad.

Kyle Hawkins is the current solicitor general of Texas. Prior to this appointment, he served as an assistant to solicitor general Scott Keller. He clerked for the Fifth Circuit’s Edith Jones and the U.S. Supreme Court’s Samuel Alito. A graduate of the University of Minnesota Law School, Hawkins also worked in the appellate and constitutional law practice group for Gibson, Dunn & Crutcher.

Steve Vladeck is a law professor at UT Law. Just last term, he argued Dalmazzi v. U.S. in the United States Supreme Court. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and military justice. Steve graduated from Yale Law School and clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit.

Evan Young is a Federal Courts professor at UT Law. He is also a partner at Baker Botts and its chair of the Supreme Court and Constitutional Law practice. Evan graduated from Yale Law School and served as a law clerk to Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit, and then to Justice Antonin Scalia at the U.S. Supreme Court.

Hernandez v. Mesa: http://www.scotusblog.com/wp-content/uploads/2015/10/Hernandez-op-below.pdf

Whole Women’s Health: http://www.ca5.uscourts.gov/opinions/pub/18/18-50484-CV0.pdf

Alvarez v. City of Brownsville: http://www.ca5.uscourts.gov/opinions/pub/16/16-40772-CR2.pdf

Sciencing the heck out of Auer deference, cruel and unusual punishment of the homeless, and Pride Festival picketing.

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Positional isomers: http://media.ca11.uscourts.gov/opinions/pub/files/201710397.pdf

This week, we traveled to Chapel Hill to record a special live edition at the UNC school of law at the invitation of the UNC chapter of the Federalist Society. The episode features special guest Chris Brook of the ACLU of North Carolina as well as IJ’s very own Justin Pearson.

Work at IJ! https://ij.org/opportunities/employment-opportunities/?p=job%2FoUzy8fwT

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Gundy: https://ij.org/wp-content/uploads/2018/10/SCOTUS-Gundy-v.-US-Brief-of-Amicus-Curiae-Institute-for-Justice_6.1.2018.pdf

Ignorance of the law, immigration deference, war deference, and Honey Badger copyrighting.

Texas admin appeal: http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=94188990-8353-45e1-9475-1433233a37e3&coa=cossup&DT=BRIEFS&MediaID=722c1e4d-e466-45f9-b217-ae16f263008f

Amtrak’s self-serving regulations, the FHFA’s unconstitutional structure, and Auer deference.

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Amtrak: https://www.cadc.uscourts.gov/internet/opinions.nsf/0/24EE112787109B8F852582D00056A944/$file/17-5123.pdf

Willett’s concurrence in Patel: http://www.txcourts.gov/media/1008502/120657c1.pdf

No suing TSA screeners, state protections against unreasonable searches, and FERC’s incentive to approve pipelines.

Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019

TSA screeners: http://www2.ca3.uscourts.gov/opinarch/153047p.pdf