An extremely sad case, especially for man’s best friend (dog-lover discretion is advised!), and a happy case for property rights. First, the Center for Judicial Engagement’s new Assistant Director, John Wrench, brings us the latest in wild Fifth Circuit qualified-immunity stories with a domestic disturbance check gone bad—so bad that an officer is alleged to have shot two non-threatening dogs. A silver lining is that the grant of qualified immunity was reversed on appeal. Then Betsy Sanz hops aboard to ride the rails. She tells us of the Pennsylvania Supreme Court’s recent decision that the word “railroad’ doesn’t magically turn everything it touches into a public use. It’s a big Fifth Amendment takings case that prevented the use of eminent domain to build a railroad that would only service one party. It also brings to light another railroad-takings case that IJ is litigating in Georgia.
Wolfe v. Reading Blue Mountain
Bound By Oath episode on Pennsylvania and coal
Recent Episodes
Short Circuit 377 | Zen and the Art of the Nondelegation Doctrine

Sometimes a short ride goes a long way. Casey Mattox of Stand Together comes on to tell us how a dirt biker in Nevada may […]
Listen NowShort Circuit 376 | Murder Mysteries

Two federal appellate opinions involving a murder and whether justice was served. First, IJ’s Dan Alban reports on a Sixth Circuit case where a man […]
Listen NowShort Circuit 375 | Unsympathetic Clients

Constitutional rights protect everyone, even people we might not be terribly fond of. This week we discuss two defendants who perhaps don’t deserve a lot […]
Listen NowShort Circuit 374 | Content-Based Dancing

All kinds of constitutional goodies this week, from sovereign immunity to the First Amendment right to dance. But we begin with our annual Kentucky Derby […]
Listen Now