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Artwork for Short Circuit
First Amendment
Fourth Amendment
Qualified Immunity
Institute For Justice
Fifth Circuit
Second Amendment
Constitutional Law
Civil Forfeiture
Sixth Circuit
Administrative Law
Civil Rights
Eighth Circuit
Ninth Circuit
Eighth Amendment
Judicial Engagement
Younger Abstention
Fourth Circuit
Tenth Circuit
Federal Tort Claims Act
Seventh Circuit

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. ij.org/short-circuit

PublishesWeeklyEpisodes301Founded17 years ago
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Artwork for Short Circuit

Latest Episodes

In the wild days of June 2020 you may remember how a group of protestors took over a few city blocks in Seattle, and how the police simply abandoned the area for a few weeks. That meant some businesses in that area suffered property damage and a mass... more

In our #12Months12Circuits series it’s time to drink an entire Fifth. Now, regular listeners will be very familiar with the Fifth Circuit’s waters and may hesitate from such an undertaking. But true fans of the federal courts of appeals should be ple... more

You may remember Roy Moore’s 2017 campaign in Alabama for the U.S. Senate in which a controversy arose as to his behavior at the Gadsden Mall several decades before. And, further, that there were allegations that he was banned from the mall because o... more

Live from the University of Michigan we bring you the latest in administrative law with some of the top scholars and practitioners in the field. It’s Short Circuit’s first time at the home of the Wolverines and the first time we focus the law of admi... more

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Recent Guests

Daniel Nelson
IJ history guy who explains past events and legislation
Institute for Justice
Episode: Short Circuit 430 | Stateless in Seattle
Robert Fellner
Guest discussing the Seattle case and related issues
Institute for Justice
Episode: Short Circuit 430 | Stateless in Seattle
Christie Hebert
IJ attorney from Austin, Texas
Institute for Justice
Episode: Short Circuit 429 | A Fifth of Circuit
Jessica Underwood
Special guest from outside IJ, attorney in Austin, Texas
Episode: Short Circuit 429 | A Fifth of Circuit
Prashanta Augustine
Bingham Fellow at the Institute for Justice; Yale Law School graduate
Institute for Justice
Episode: Short Circuit 428 | Shopping With Roy Moore
John Wrench
Assistant Director of the Center for Judicial Engagement at IJ
Institute for Justice
Episode: Short Circuit 426 | Vaccinated Home Distilling
Joe Gay
Institute for Justice attorney
Institute for Justice
Episode: Short Circuit 426 | Vaccinated Home Distilling
Judge Restrepo
Judge referenced in Curry case discussion
Third Circuit
Episode: Short Circuit 425 | Live from Penn Law!
Dan Alban
Civil Forfeiture Project Leader
Institute for Justice
Episode: Short Circuit 423 | Civil Forfeiture Flowcharts

Hosts

Anthony Sanders
Host of Short Circuit; Director of the Center for Judicial Engagement at the Institute for Justice
Marie Miller
Co-host and commentary/analysis

Reviews

4.7 out of 5 stars from 221 ratings
  • Very hit or miss

    Some of the people they have on are brilliant, some not so much. Theme music is bangin though

    Apple Podcasts
    1
    Lennygetsome
    United States2 years ago
  • Almost perfect

    If only they didn’t regard corporate speech so highly….

    Apple Podcasts
    4
    ahdnchfjrjr
    United States2 years ago
  • A bit of an Echo Chamber

    The podcasts are hit and miss. There are some really good, informative podcasts with some great legal analysis. But, there are others that sound like a cheap plaintiff’s attorney commercial, all bluster and no logical analysis, especially when talking about law enforcement. IJ could really use some diversity in their ranks. Right now it’s an echo chamber.

    Apple Podcasts
    2
    SamoanPower
    United States2 years ago
  • Not what it once was

    The show has gotten sillier and duller. Emphasis on court activities has been replaced by emphasis on lawyers, and lawyers are a bore. If you care how “en banc” is pronounced, this is the show for you. I prefer knowing what is happening with the law.(And in the months since I wrote this it has gotten worse. Lawyers talking about and celebrating lawyers. Yuk.) Frankly, it’s sickening to hear IJ lawyers defending the War on Drugs. Lockeans they are not.

    Apple Podcasts
    1
    nicmart
    United States2 years ago
  • Often ill-informed hot takes

    I used to think this podcast provided some useful insights into areas of the law that I wasn’t familiar with. But then they started talking about areas of the law I was familiar with, and it wasn’t even slanted commentary—it was flat out wrong or, at best, half truths. This is particularly prevalent in the podcast’s “unpublished opinions” series. I don’t know where they found the people for the commentary in those episodes, but as someone who practices in some of the jurisdictions they discuss, ... more

    Apple Podcasts
    1
    Lennygetsome
    United States3 years ago

Listeners Say

Key themes from listener reviews, highlighting what works and what could be improved about the show.

Audience appreciates case-level analysis and PDF case materials provided.
Some guests are brilliant, some not as strong; strong music though.
Viewpoints sometimes labeled as ideological; some listeners seek more balance.
Echo chamber concerns about libertarian tilt and advocacy influence.
Quality varies with guest lineup and topic depth.

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#186
Chile/News/News Commentary
Apple Podcasts
#196
Israel/News/News Commentary

Talking Points

Recent interactions between the hosts and their guests.

Short Circuit 429 | A Fifth of Circuit
Q: Can the government veto a relator's case or intervene to stop a suit if they disagree with the action?
Yes, the government can veto or intervene in False Claims Act cases, including after initial non-intervention, and can influence settlements; this acts as a check on the relator's power.
Short Circuit 428 | Shopping With Roy Moore
Q: How does Bruin influence the Fifth Circuit's approach to gun restrictions and possible en banc review?
The panel notes Bruin's text-history-tradition framework, its effect on the prior Hollis‑Lynch approach, and the potential for commerce clause arguments to reopen or reframe the case on en banc review.
Short Circuit 428 | Shopping With Roy Moore
Q: Why is third-party evidence crucial in proving malice in defamation cases involving public figures?
They explain that third-party or documentary evidence is often necessary to demonstrate the speaker's knowledge of falsity or reckless disregard, beyond the speaker's own testimony, due to the subjective nature of malice.
Short Circuit 428 | Shopping With Roy Moore
Q: What made the defamation by implication theory stand out in Moore's case?
The guests discuss how the two statements could be read together to imply Moore's predatory behavior, raising the question of whether the jury's verdict should have required more explicit evidence of malice or if the implied reading alone could meet the standard.
Short Circuit 420 | A Lease for the Girlfriend
Q: How does the FTCA handle the intentional torts exception, and what did the Eleventh Circuit decide in the Doe case regarding liability for daycare employees?
The FTCA waives sovereign immunity for certain government actions but includes a narrow list of torts that are not actionable, with an exception that limits claims involving intentional torts. In the Doe case, the Eleventh Circuit held that the intentional torts exception did not bar a negligence-based claim arising from the daycare center's supervision standards, meaning the government could still face liability for negligent supervision despite the intentional acts by childcare workers.

Audience Metrics

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Frequently Asked Questions About Short Circuit

What is Short Circuit about and what kind of topics does it cover?

The show offers concise, analysis-heavy breakdowns of federal appellate decisions, with a focus on constitutional law, civil liberties, and procedural questions. Episodes typically pair brisk case summaries with expert commentary from Institute for Justice attorneys, law professors, and practitioners, often highlighting how recent rulings interact with standing, due process, and the balance between government power and individual rights. A notable strength is the blend of rigorous legal analysis with accessible storytelling, plus frequent references to real-world implications and practical litigation strategies. Listeners can expect deep dives into circuit-level jurisprudence, occasional live-law-school panels, and clear takeaways for lawye... more

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Which podcasts are similar to Short Circuit?

These podcasts share a similar audience with Short Circuit:

1. Divided Argument
2. Unpublished Opinions
3. Bound By Oath by IJ
4. Beyond the Brief
5. Advisory Opinions

How many episodes of Short Circuit are there?

Short Circuit launched 17 years ago and published 301 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Short Circuit?

Recent guests on Short Circuit include:

1. Daniel Nelson
2. Robert Fellner
3. Christie Hebert
4. Jessica Underwood
5. Prashanta Augustine
6. John Wrench
7. Joe Gay
8. Judge Restrepo

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