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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Fiery writs, imperial sovereigns, and cheating escheators.
John Ross | 3.13.2026 3:30 PM
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
Friends, a while back IJ researchers went hard trying to find data on whether food sold by home-based vendors is safe. And looking at seven states with relatively liberal laws, we found not a single verifiable instance of a foodborne illness that could be traced to cottage food. Anyhoo, that's all to say it's super great that this week Indiana passed a food freedom bill that will expand opportunities for home-based entrepreneurs and allow more delicious eats in the Hoosier state. Click here to learn more.
New on the Short Circuit podcast: Sam MacRoberts of the Kansas Justice Institute inspects the Fourth Amendment's inspection exception (and exceptions to the exception)—and takes some exceptions.
In naming a new police chief, Bergenfield, N.J. passes over its white deputy chief in favor of an Arab-American captain. Miffed deputy sues for racial discrimination under state and federal law. Third Circuit (per Judge Bove): We predict N.J. Supreme Court would follow U.S. Supreme Court in disavowing a rule making it harder for plaintiffs in the supposed majority group to bring discrimination claims. And there's plenty of evidence of intentional discrimination to send both state and federal claims to trial. Concurrence (also Judge Bove): I personally think it would also be unconstitutional if N.J. didn't abandon its rule. If you've ever wanted to know how to collect a judgment in West Virginia—or what the differences are between a "writ of fieri facias" and a "suggestion"—this Fourth Circuit opinion is for you. You will also learn that you can't sue your bank for following a court order to pay your creditors. The majority and dissent in this Fourth Circuit case spar over everything from piracy to the nature of the "territorial jurisdiction of the United States" in the course of deciding 2-1 that a Virginia company can be held liable under the Alien Tort Statute for torts arising out of the torture of detainees at Abu Ghraib during the Iraq War. The writing was on the wall for the Fourth Circuit's 2024 en banc decision declaring unconstitutional West Virginia's exclusion of sex-change surgeries from its Medicaid plan once Skrmetti issued. And sure enough, the High Court GVRed, and the Fourth Circuit came out the other way: The law classifies based on medical diagnosis, not sex or transgender status, and applies evenhandedly to........© Reason.com
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