It’s our Halloween special! Spooky stories from the federal courts of appeals that will keep you up at night. Erica “Specter” Smith Ewing and Bert “The Ghoul” Gall, both IJ attorneys, tell a couple recent terrifying tales from the Tenth and Seventh Circuits. First, Erica lays out how a small Colorado town repeatedly stymied a property owner with new land use regulations when the owner dared to compete with a business connected to members of the city government. The opinion features ghosts of IJ’s past and the biggest monster of them all, the rational basis test. Then, Bert outlines a lawsuit involving cable companies and cities losing out on cable fees. But the case takes an unexpected—and haunting—twist at oral argument. The worst nightmare of many of a Seventh Circuit practitioner makes an appearance: Judge Easterbrook asking jurisdictional questions outside of what was briefed. Listener discretion (at least for appellate advocates) is advised!
Click here for transcript.
Recent Episodes
Short Circuit 436 | Retaliatory Justice
If you like the drama of local politics you’ll love this story, told by IJ’s Christian Lansinger, from the Sixth Circuit. A colorful and controversial […]
Listen NowShort Circuit 435 | 1776 and Judicial Review
Happy America’s 250th! To celebrate, we’re doing things the IJ Way, tying in the events of 1776 to something that emerged a few years later […]
Listen NowShort Circuit 434 | The Police Are the Emergency
If someone sues you for money you get to defend yourself in court. Right? Not really if you sign a confession of judgment, a contract […]
Listen NowShort Circuit 433 | Bond Hearing Without Lawyer
After an arrest, is the decision on whether a defendant can get out on bond while their prosecution proceeds a “critical stage’? In the Eighth […]
Listen Now