Short Circuit 421 | What’s Your Favorite Circuit?

Short Circuit 421 | What’s Your Favorite Circuit?

From Short Circuit by Institute for Justice

March 27, 2026 · 1h 4m

About this episode

The episode discusses favorite circuit courts with legal experts and examines a recent Ninth Circuit case regarding app-based delivery policies.

With a baker’s dozen of circuits it’s hard to pick a favorite. Or is it? We sit down with three lawyers and scholars to ask what their favorite circuit is and why. Ben Field of IJ gives us his choice and we also bring on professors Tom Metzloff of Duke and Dawn Chutkow of Cornell. You’ll hear their impressions on how the courts work, what makes them special, and some behind-the-scenes stories (and even a conspiracy theory). But before all that we have Ben dig into a recent Ninth Circuit case concerning a Seattle ordinance that mandates policies and disclosures for app-based delivery companies. Are those policies “speech” and if so what does the First Amendment have to say about sending them to drivers? Plus, at the very beginning we give a shocking update to our #12Months12Circuits segment on the Fourth Circuit from last week. It seems there’s some trouble in the paradise of western North Carolina—or more properly put, a lack of trouble. At oral argument. And despite the statute that everyone will now be talking about: 28 U.S.C. § 48(a). Uber v. Seattle 28 U.S.C. § 48 Zauderer v. Office of Disc. Counsel

People in this episode

Host: Ben Field

Guests: Tom Metzloff, Dawn Chutkow

Topics covered

  • circuit courts
  • First Amendment
  • legal commentary
  • app-based delivery
  • Ninth Circuit
  • Fourth Circuit
  • lawyers' perspectives

Keywords

  • circuit courts
  • First Amendment
  • Ninth Circuit
  • Fourth Circuit
  • app-based delivery
  • legal commentary
  • lawyers
  • Tom Metzloff
  • Dawn Chutkow

Mentioned in this episode

Organizations: Duke, Cornell, Institute for Justice

Books & works: 28 U.S.C. § 48(a)

Places: Seattle, western North Carolina

More episodes of Short Circuit

Explore listener stats, chart rankings, contacts and more on the Short Circuit podcast page.