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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
The Volokh Conspiracy
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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Prosecutor professional misconduct, detention without bond, and wanton statch interpretation.
John Ross | 7.31.2026 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.
New case! Last fall, masked, heavily armed CBP agents raided IJ client Leo Feler's property in Chicago because they saw some construction workers out in front of his home. The agents didn't have a warrant (nor does any exception to the warrant requirement apply), jumped a locked gate, and caused a bunch of damage and left behind puddles of blood. On their way out, they tear gassed neighbors "for fun" (per an agent on bodycam). So we're suing under Bivens, the FTCA, Illinois tort law, and the Westfall Act, and one of these days the Supreme Court is going to say that there is in fact a way to hold federal officers accountable for violating the Constitution. Click here to learn more.
New on the Short Circuit podcast: Tim Sandefur tells us all about his new book Proclaiming Liberty: John Adams, Thomas Jefferson, and the Declaration of Independence.
Remember how they started restricting the "good Sudafed" because of all the meth? But then there was this other stuff called "PE" that they claimed did the same thing? Turns out it was basically snake oil and that's been known since 2016. Class action plaintiffs: Drug companies did The RICO. District court: No. Second Circuit: Mostly affirmed. If the FDA says snake oil can be sold to fight cold symptoms, then you can't blame manufacturers for repeating those lies. But remanded on the claim that it's "maximum strength." Law professors and nonprofit file a slate of grievance complaints against prosecutors in New York State, then bring First Amendment lawsuit to challenge the secrecy of the disciplinary proceedings that ensue. New York: You lose under Younger abstention! And O'Shea abstention too! And your case isn't ripe! District court: Cool it dudes. The plaintiffs absolutely have the right to be here. Also, they're right on the merits. Second Circuit: Chyeah. Attorney-disciplinary proceedings have been public since 1275. White supremacist kills 10 and injures three, all victims black, in livestreamed Buffalo, N.Y. grocery store shooting. Were his statements beforehand that were meant to inspire copycat killings First Amendment-protected? District........© Reason.com
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