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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
Hunting ICE, unremarkable arson, and lewdness at the Founding.
John Ross | 8.14.2026 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 on the Short Circuit podcast: The First Amendment is for listeners too.
New York may have Page Six for its celebrity gossip. But Washington puts it to shame with Page One Hundred Thirty Six, courtesy of the D.C. Circuit wading into White House ballroom drama. The majority blocks much of the construction, saying congressional authorization is needed. The dissent is largely flummoxed at allowing aesthetic objections to overcome security concerns (and concludes in knowing celebrity-rag fashion by poking fun at District Judge Leon's famous exclamation points). Congress reformed the immigration removal system three decades ago, allowing some—but not all—aliens to be released on bond pending their hearing. A regulation issued soon after explaining that bond was available only for people already within the U.S., not for those arriving at the border. The feds reversed course last summer; now, no bond for any aliens. Cool? Fifth, Eighth circuits: Yup. Second, Sixth, Seventh, Ninth, Tenth, Eleventh, and now First circuits: No. Plaintiff: My gov't employer cooked up baseless allegations to fire me in retaliation for my whistleblowing. State court (round one): Sounds like a claim that requires discovery, which means you should file a plenary proceeding. State court (round two): Whoops! Turns out that round-one decision precludes all your state-law claims in this here plenary proceeding. Federal district court: And that all looks like res judicata for your constitutional claims, too! Second Circuit: Guys. Guys. Calm down. Nothing has been judicataed, and somebody needs to listen to this lady's claims. Case undismissed! Coalition of disabled Texas voters and allied organizations sue a tableau of defendants, arguing that new vote-by-mail rules violate the ADA. Fifth........© Reason.com
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