Bound By Oath by IJ

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

Become a Monthly Donor

Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year.

Donate now

In our final episode of the season, we head to Indian Country and survey several strands of Supreme Court precedent that prevent Native Americans from putting their property to peaceful and productive use.

Click here for transcript.

United States v. Kagama

Cobell v. Norton

The Fifth Amendment says that the government must pay just compensation when it takes private property for public use, a command that, regrettably, is often treated as a mere suggestion. On this episode, we take a look at a variety of gambits and flim-flammeries that let the government take property without paying for it.

Click here for episode transcript.

Agins v. Tiburon

First English v. County of Los Angeles

In 1973, federal narcotics agents raided a pair of homes in Collinsville, Illinois by mistake. They didn't find any drugs, but they did terrorize two innocent families. The incident sparked nationwide outrage, and in response Congress passed legislation crafting a legal remedy for victims of federal law enforcement abuses. Over the years, however, lower courts have chipped away at the law to the point where it has essentially been repealed: Last year, a federal appeals court rejected claims from an innocent family, the Martin family, who were held at gunpoint after the FBI mistakenly raided their home in Atlanta. Fortunately, next week, on April 29, 2025, the Supreme Court will hold oral argument in Martin v. United States, and IJ will urge the justices to reverse course.  

On this episode, we explore the Federal Tort Claims Act, which was originally enacted in 1946 and then amended in 1974, to create a remedy for wrongful acts by government officials. We feature guests who worked on getting the 1974 amendment, called the law-enforcement proviso, passed into law.

Click here for episode transcript.

Martin v. United States (Eleventh Circuit opinion)