Short Circuit 354 | Grounds Increasingly Dubious
Podcast (short-circuit): Play in new window | Download
We start with a case that ticks a lot of Short Circuit boxes: eliminating governmental immunities, state constitutions, preliminary injunctions, conniving public officials, mootness, and en banc news. So what happened there? Nothing. At least for now. Beyond the Brief’s (and IJ’s) Keith Neely details a long journey a group is having to take to get a state constitutional amendment on Ohio’s ballot. Ohio’s Attorney General has had a lot of problems with their paperwork. So many problems that, as Keith explains, “at some point you run out of stupid.” The case concerns the First Amendment but at bottom it’s about bureaucratic bad faith. Then we hear from IJ’s Josh Fox about a Second Circuit opinion with a default judgment and a prisoner. Unusually, it’s not a default judgment against a prisoner but one a prisoner won against a prison guard. This story from Fishkill, New York deals with what happens when a plaintiff loses their claim against some defendants but wins the same claim against another defendant through default. Is that OK? The district court thought it was and awarded the prisoner $50,000. But things weren’t so great on appeal. This leads to your host describing himself as a default judgment lawyer. Also, Josh answers the perennial question: What’s up with the Court of Federal Claims?
Beyond the Brief’s YouTube channel
Recent Episodes
Short Circuit 431 | Hard but not Impossible
We welcome back a treasured many-times guest, the first time since he’s left IJ. Brian Morris served in our merry band of libertarian litigators for […]
Listen NowShort Circuit 430 | Stateless in Seattle
In the wild days of June 2020 you may remember how a group of protestors took over a few city blocks in Seattle, and how […]
Listen NowShort Circuit 429 | A Fifth of Circuit
In our #12Months12Circuits series it’s time to drink an entire Fifth. Now, regular listeners will be very familiar with the Fifth Circuit’s waters and may […]
Listen NowShort Circuit 428 | Shopping With Roy Moore
You may remember Roy Moore’s 2017 campaign in Alabama for the U.S. Senate in which a controversy arose as to his behavior at the Gadsden […]
Listen Now