Short Circuit 351 | State Court Shenanigans

Short Circuit

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

Short Circuit episode on Sixth Circuit case

Gilbank Cert Petition

Stats on Wisconsin Supreme Court cases