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 Listen into their roundtable conversations where they give their unrehearsed and “unpublished” opinions on matters beyond the federal courts of appeals. From the latest Supreme Court cases to legal history to trial tactics, IJ attorneys have much to share and (politely, but spiritedly) disagree with each other about.
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 readers (ALPRs), which has stimulated everything from litigation to proposed legislation to a recent instance of “self-help.” Finally, prompted by a recent change at Yale Law School, they consider The Curve, inflated grades, and what that all means for legal education.
Pennsylvania Open Fields case (https://ij.org/case/pennsylvania-open-fields/)
Pennsylvania Fish Cops case (https://ij.org/case/pennsylvania-fish-cops/)
Chatrie v. U.S. (https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf)
23 Jun 2026
Unpublished Opinions 25 | Pulling Up the Ladder
With guest host Patrick Jaicomo, he and IJ’s Anya Bidwell and Diana Simpson conspire on how best to keep the competition out of their guild. Or, rather, they contemplate how their guild—the legal profession—unfairly keeps the competition out and what recent changes to accreditation policies in Texas and Florida tell us about the value of the bar exam, law school, the American Bar Association, and other related institutions. Then the crew turn to the value of liberalism in these heady days.
Story on Texas dropping the ABA (https://insightintoacademia.com/texas-aba-accreditation/)
Story on Florida dropping the ABA (https://lawreview.law.miami.edu/florida-supreme-court-abandons-requirement-of-aba-accredited-j-d-for-its-bar-membership/)
30 Apr 2026
Unpublished Opinions 24 | What If It’s Not Peyote?
John Wrench is joined by Sam Gedge and Kirby West for a session of hot takes, hard questions, and changed minds. The trio challenge received wisdom about notorious doctrines and cases, debate how much of public interest litigation is about permanent resolution versus holding the line, and provide positions they've revised over the course of their careers.
Docket in St. Mary Catholic Parish v. Roy
Employment Division v. Smith
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