Short Circuit 221 | The Big Mac

A couple headline-grabbing, government-thumping constitutional-heavyweight cases coming at you this week. First, Rob Johnson explains how he filed a brief on the importance of the right to a jury trial when he checked the news to find the Fifth Circuit had just said the same thing in a different case. He details why this is a big deal (and a good deal) and not the end-of-humanity some people have been shouting about. Then, Dan Alban tells us of how the Eleventh Circuit just found almost all of Florida’s “social media law” unconstitutional, and why this isn’t really that surprising. Except for the fact that the Fifth Circuit has cryptically upheld Texas’s similar law. Also, it’s towel day.

Jarkesy v. SEC, https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pdf

Netchoice, LLC v. Poitier, https://media.ca11.uscourts.gov/opinions/pub/files/202112355.pdf

Rob’s post on the SEC case, https://ij.org/cje-post/fifth-circuit-vindicates-ijs-fight-for-the-right-to-an-impartial-jury/

The BSG Big Mac episode (actually Season 1), https://galactica.fandom.com/wiki/The_Hand_of_God

Dan Alban, https://ij.org/staff/dalban/

Rob Johnson, https://ij.org/staff/rjohnson/

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