(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

When judges reverse long-standing precedent, are they exerting arbitrary, minotaur-like power that shakes the foundations of the Republic? No, argues Evan Bernick of the Center for Judicial Engagement. Click here to read.
This week, the Supreme Court will consider whether New York’s ban on calling a credit-card surcharge a “surcharge” implicates the First Amendment. We discussed the Second Circuit’s ruling on the question on the podcast.
Last week, Ohio Gov. John Kasich signed substantive civil-forfeiture reform into law. No longer will officials be able to take property (valued at less than $15k) without first securing a conviction. The law also shifts the burden of proof from property owners to the government and bars officials (for the most part) from turning forfeiture cases over to the feds, a common practice where state law provides more protections for property owners than federal law. Read more here.