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Institute for Justice updates
Fourth Amendment
Border Businesses Facing Ruin File Suit Against Federal Cash Surveillance
Small businesses subject to new and intrusive financial surveillance that could ruin them are suing with the Institute for Justice to protect their Fourth Amendment rights and the rights of their customers. This week, the federal Financial Crimes Enforcement Network (FinCEN) implemented an order requiring certain businesses in targeted ZIP codes to report all cash transactions above $200. FinCEN is treating virtually every honest, hardworking person as a potential criminal whose name and financial information will go into a database for criminal investigators to use.
“The Founding Fathers knew the dangers of giving the government unlimited search powers and created the Fourth Amendment to protect privacy and property rights,” said IJ Attorney Betsy Sanz. “Financial privacy is an important part of that guarantee. Small businesses should not be dragooned to serve as financial surveillance agents for the government."
Nebraska Supreme Court Rules Against Transportation Company That Sought to Bring Patients to Healthcare Facilities
The Nebraska Supreme Court ruled against IJ client Marc N’Da, the owner of a home health agency who had sought to provide non-emergency medical transportation to his customers. Marc runs a home health agency, and he has watched for years as his patients have been left stranded by the existing non-emergency medical transportation companies. So, Marc responded in the most American way possible—he decided to start his own company and provide better service. Unfortunately, Nebraska requires government permission to start such a company, and Marc's future competitors vetoed his application.
With a legal remedy now out of reach, the Institute for Justice calls upon the Nebraska Legislature to take up Marc’s cause, removing the monopoly that prevents him and others from providing these services.
On April 29, 2025, IJ will argue before the U.S. Supreme Court on behalf of Trina Martin, an innocent victim of a wrong-house raid conducted by an FBI SWAT team in Atlanta, Georgia. This case will shape the future of federal accountability. If Trina prevails, it will reaffirm that victims of intentional harms by federal employees have a path to justice. If she does not, it could embolden expansive readings of immunity and threaten public confidence in the government’s willingness to answer for preventable wrongs. We've put together an in-depth explainer on the legal issues behind the case.
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Recently, the Short Circuit staff celebrated 10 years of our inexhaustive coverage of the federal courts of appeals. We welcome Professor Eugene Volokh of Stanford University and appellate attorney Raffi Melkonian to discuss a 9th Circuit ruling on gun magazines—with a video dissent—and by far the most interesting arbitration case you've ever heard.
Short Circuit: Humans Only in the Copyright Office
Bad news for our AI listeners. The D.C. Circuit ruled that you cannot be the “author” of a copyrighted work. Only humans get that perk. IJ's own CFO and General Counsel Dan Knepper comes by to explain this latest victory in humanity’s war against the machines.
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