HeyJaredUnpublished Opinions
What do Institute for Justice attorneys think about the law? Listen into their roundtable conversations where they give their unrehearsed and “unpublished” opinions on matters beyond the federal courts of appeals.
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- Aug 3, 2026
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Unpublished Opinions 26 | The Batman Approach (opens the original)
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John Wrench is joined by Kirby West and Josh Windham to discuss some of the major threats to liberty, including warrantless mass surveillance, the facial/as-applied distinction, and grade inflation. They begin with IJ’s recent victory—the Pennsylvania Supreme Court’s unanimous rejection of the so-called “open fields doctrine”—while puzzling over the difference between facial and as-applied relief. Mass surveillance remains a theme as they comment on growing opposition to automated licensed plate
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