Short Circuit

Short Circuit 351 | State Court Shenanigans


Listen Later

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.

Click here for transcript.

Gilbank v. Wood County Dept of Human Services (en banc)

Texas Tribune v. Caldwell County

Short Circuit episode on Sixth Circuit case

Gilbank Cert Petition

Stats on Wisconsin Supreme Court cases

...more
View all episodesView all episodes
Download on the App Store

Short CircuitBy Institute for Justice

  • 4.6
  • 4.6
  • 4.6
  • 4.6
  • 4.6

4.6

170 ratings


More shows like Short Circuit

View all
Cato Daily Podcast by Cato Institute

Cato Daily Podcast

962 Listeners

GLoP Culture by Ricochet

GLoP Culture

1,803 Listeners

U.S. Supreme Court Oral Arguments by Oyez

U.S. Supreme Court Oral Arguments

665 Listeners

The Reason Roundtable by The Reason Roundtable

The Reason Roundtable

1,501 Listeners

The Remnant with Jonah Goldberg by The Dispatch

The Remnant with Jonah Goldberg

6,360 Listeners

Bound By Oath by IJ by Institute for Justice

Bound By Oath by IJ

308 Listeners

Beyond the Brief by Institue for Justice

Beyond the Brief

39 Listeners

The Reason Interview With Nick Gillespie by The Reason Interview With Nick Gillespie

The Reason Interview With Nick Gillespie

721 Listeners

The Soho Forum Debates by The Soho Forum Debates

The Soho Forum Debates

189 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,732 Listeners

The Dispatch Podcast by The Dispatch

The Dispatch Podcast

3,156 Listeners

Amarica's Constitution by Akhil Reed Amar

Amarica's Constitution

368 Listeners

Divided Argument by Will Baude, Dan Epps

Divided Argument

664 Listeners

Just Asking Questions by Reason

Just Asking Questions

92 Listeners

Unpublished Opinions by Institute for Justice

Unpublished Opinions

0 Listeners