Episode Details

Is a “fine” a “fine”? No, not at all, and therefore it can’t be “excessive.” At least that’s the IRS’s position. Thankfully that argument was rejected in a recent Eleventh Circuit case about a taxpayer who failed to file some forms and was subsequently fined—yes, fined—millions of dollars. IJ’s Sam Gedge explains this story and what fines the court thought were excessive and were not. We also look at the Ninth Circuit and an odd rule (that only exists there) which turns dicta into law. Jacob Harcar of IJ provides the holding and some well-reasoned portions of his opinion as well. Further, as a special treat, Jacob tells us of some work he’s done on legislative immunity and Reconstruction. Plus, do you know the difference between an acronym and an initialism? Whatever it is, we hope you won’t say the two flirted excessively.

Click here for transcript.

U.S. v. Schwarzbaum

Stein v. Kaiser Foundation Health Plan

Gorsuch dissent in Toth v. U.S. denial

Timbs v. Indiana

Short Circuit episode on dicta in 9th Cir.

Jacob’s Section 1983 article

Excessive flirting in Emma