Short Circuit 307 | Working Both Sides of the Bench

An “utterly bonkers” case this week. Jaba Tsitsuashvili, attorney at IJ and attorney for his client Erma Wilson, tells us about the Fifth Circuit’s recent ruling in her case. By day a prosecutor worked for the office that prosecuted her but then moonlighted with the judge in her case by night. That’s what we call in constitutional law “a problem.” But she only found out about this years later, long after she had served her time. Now that this double-dealing story has come to light can she go back and clean up her record? With a result the Fifth Circuit admits is unjust, but mandated by the Circuit’s precedent, it says she can’t. If she were still in prison, though, she could. Which is pretty nuts. But that’s not all this week. Keith Neely of IJ skates onto the podcast with a story of “Chanukah on Ice,” and why religious groups were prevented from advertising it and other religious messages on the sides of buses in Tampa, Florida. The Eleventh Circuit figures out what to do with this obviously unconstitutional policy while showcasing a double lutz of concurrences.

Wilson v. Midland County

Young Israel of Tampa v. Hillsborough Area Regional Transit

Irons footnotes

Recent Episodes

Short Circuit 333 | Live at Hogan Lovells!

We join forces with the law firm of Hogan Lovells to bring you some “legal mumbo jumbo”—an episode recorded at their offices in Washington, D.C. […]

Listen Now

Short Circuit 331 | The British Are Coming

The Fourth of July holds a central place in American history. The day patriots threw off the shackles of King George. Which is why it’s […]

Listen Now

Short Circuit 330 | Pretext Takings

Everybody knows that the government can’t take property from you just because it doesn’t like you. But what if the government says it actually wants […]

Listen Now