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
Permissible ingredients, mandatory detention, and burrowing mites.
John Ross | 3.27.2026 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.
"Just two years ago, the Supreme Court reaffirmed that the Constitution promises you a timely and meaningful hearing before a neutral judge if police seize your property for civil forfeiture." But, says IJ Senior Director of Strategic Research Lisa Knepper, "modern civil forfeiture laws, as written and as practiced, frequently fail to deliver on that promise." And we've got the receipts to prove it. This week, IJ released Policing for Profit 4, the latest and greatest edition of our landmark research into the use and abuse of civil forfeiture across the country. The report contains all the latest data that you've come to expect, as well as a timely, meaningful, and unbelievably thorough (but accessible!) analysis of forfeiture statutes, procedures, and timelines across the states and the federal gov't.
New on the Short Circuit podcast: We bring on a team of experts to address that age-old, existential question: What's your favorite circuit?
New on the Unpublished Opinions podcast: We bring on a team of experts to address age-old, existential questions: What the Heck? And, why is Afroman so great? And, why is everyone talking about swinging dicks?
Massachusetts provides special-education services to all students, but students enrolled in private schools by their parents—and only those students—are forbidden from receiving the services in their schools. Private-school families: But we have a fundamental right to choose private school, and it's unconstitutional to burden fundamental rights by conditioning public benefits on forgoing those rights. First Circuit: We think the Constitution only protects Free Exercise rights from this kind of burden, not other fundamental rights. Suit dismissed. (This is an IJ case.) Is a New York City law that revives otherwise time-barred civil claims based on gender-based violence preempted by a state law covering similar claims but with a different revival window? Second Circuit: This is a question better answered by the New York Court of Appeals. Question certified! Concurrence: The answer is clearly "yes," but I begrudgingly go along with the........