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Short Circuit: A roundup of recent federal court decisions
The Volokh Conspiracy
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Short Circuit: A roundup of recent federal court decisions
Geek therapy, crack felony, and some Scooby Snacks.
John Ross | 11.6.2026 4:04 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: We look at 100 years of zoning and chances of zoning reform, in court and in city councils, with Harvard's Molly Brady and Vice Mayor of Cambridge, Mass., Burhan Azeem.
And on the latest episode of the Law Office History podcast, Christian Burset of Penn Law explains how it was hard to be a textualist in Olde Timey England because Parliament wasn't very clear when writing its statutes and it was hard to find copies of them anyway.
Sure, some observers would think that the interesting part of this First Circuit decision is the clash of parental rights in schools and a vaccine mandate of general applicability. (Despite recent SCOTUS decisions, no preliminary injunction will issue.) But, for us, the big news is that the First Circuit wrote an opinion in single-spaced Times New Roman. It's a start! Political group asks for a P.I. ahead of NYC's mayoral election, claiming it wants to run ads but that certain disclosure laws that apply to the ads are unconstitutional. The district court denied the motion and the group appealed. Second Circuit: The election was in, like, 2025. This is moot. You didn't say anything about the next election. Dissent: Actually, they did, especially if you look at the underlying complaint. Further, this disclosure regime is unconstitutional. Due to the evisceration of the Chevron doctrine the evisceration of the Administrative State continues. This time it's the Fourth Circuit eviscerating the . . . deportation of a Dominican woman working for an elder care provider who may have checked the wrong box on an employment form. District court sua sponteremands a removed case because the notice didn't adequately establish the plaintiffs' citizenship. Can the remand order be appealed? That depends, explains the Fifth Circuit, on whether the defect was jurisdictional or procedural. If jurisdictional, it can't be appealed no matter........© Reason.com
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