Bound By Oath by IJ

On this episode, we recover a lost part of the Fourth Amendment that the Supreme Court essentially erased in 1960. In the case of Jones v. United States, the Court ignored text, history, and tradition, and disfigured the Warrant Clause, allowing law enforcement to knock down doors based on mere hearsay and with scant consequences for lying or mistakes. Jones was wrong the day it was decided, and the Court should overturn it.

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Jones v. United States (1960)

Mendenhall v. Denver

On this episode: the story of Pullman abstention, the first of several abstention doctrines the Supreme Court invented to let federal judges decline to decide cases that they have jurisdiction to decide.

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Railroad Commission of Texas v. Pullman Co.

Next week, the Supreme Court is going to hear a huge civil rights case that no one is talking about—because the legal issue before the Court is the Rooker-Feldman doctrine, an obscure and slightly treasonous doctrine that lets federal judges throw worthy cases out of court without reaching the merits.

On this episode, we examine the doctrine's impact as well as its origins, including the life and times of the litigants for whom it is named, William Rooker and Marc Feldman. Rooker was a big shot Indiana lawyer who represented lynching victims and Klansmen. And Marc Feldman was a professor of law who fought for the little guy.

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Rooker v. Fidelity Trust Co.

D.C. Court of Appeals v. Feldman

Next week, the Supreme Court is going to hear a huge civil rights case that no one is talking about—because the legal issue before the Court is the Rooker-Feldman doctrine, an obscure and slightly treasonous doctrine that lets federal judges throw worthy cases out of court without reaching the merits.

On this episode, we examine the doctrine’s impact as well as its origins, including the life and times of the litigants for whom it is named, William Rooker and Marc Feldman. Rooker was a big shot Indiana lawyer who represented lynching victims and Klansmen. And Marc Feldman was a professor of law who fought for the little guy.

Click here for transcript.

Rooker v. Fidelity Trust Co.

D.C. Court of Appeals v. Feldman

When Khalilah Few wanted to expand her natural hair salon business, she found a long-empty store front in Clayton County, Georgia, and spent her life savings renovating it. But she soon discovered that Clayton County singles out hair salons and barbershops for special restrictions. Because there are three other salons within several miles, the county told Khaliah she couldn’t open.   

Today we talk with IJ senior attorneys Renée Flaherty and Will Aronin to discuss how Georgia protects the right to earn an honest living and how IJ will make sure Khalilah and other entrepreneurs can open for business. 

https://youtu.be/5kN_buJhpvY

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