A couple friends drop by this week who have overstayed their welcome: Rooker and Feldman. Together they make up the Rooker-Feldman doctrine, a weed that has grown to crowd out justiciable federal claims in the federal courts. But the good news is that they aren’t the only friends on this week. We also have Wisconsin appellate attorney Joseph Diedrich who shares the story of his massive Seventh Circuit case which went en banc and Rooker-Feldman and now might go to the Supreme Court. Joe details the ins and outs of how a doctrine that is supposed to simply prevent appeals from state court to the lower federal courts has become a catch-all to get rid of deserving cases, including his case where his client is suing child welfare agents for violating her custody rights. Joe also shares some knowledge about how state courts work in Wisconsin, including a rule about dicta that it shares with the Ninth Circuit. Then IJ’s Arif Panju relocates us to the Fifth Circuit where the press was excluded from bail hearings before Texas state magistrate judges. This violates the First Amendment, it turns out. You’ll also learn a bit about where to find the best brisket.
Gilbank v. Wood County Dept of Human Services (en banc)
Texas Tribune v. Caldwell County
Recent Episodes
Short Circuit 412 | “Nothing to see here”
Lovers of municipal crime and corruption—and internal affairs departments not doing their jobs—may enjoy the stories this week from Detroit and Baltimore. First, Kirby Thomas […]
Listen NowShort Circuit 411 | Don’t Forget Your Receipt
When you pay your bail money it’s a good practice to get a receipt. A woman in Mississippi found that out the hard way when […]
Listen NowShort Circuit 410 | Joan of Arc and Qualified Immunity
What does qualified immunity have to do with Joan of Arc? Released on the anniversary of the start of her trial, this episode examines that […]
Listen NowShort Circuit 409 | Obviously Unconstitutional
IJ’s Anya Bidwell interviews two civil rights lawyers for a wide-ranging conversation about what it’s like to litigate on behalf of people behind bars. She […]
Listen Now