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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

15 0
22.05.2026

The Volokh Conspiracy

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

SWAT damage, sloppy briefs, and forced confessions.

John Ross | 5.22.2026 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! Pennsylvania requires real estate brokers to maintain a physical office space even if they don't need one and never use it. Indeed, IJ client Kevin Gaughen's office has been visited more often by state inspectors—who ensure there is a conference table, a landline phone, a filing cabinet, and an outdoor sign—than by actual clients. The rule chiefly serves to impose unnecessary costs that are harder for small brokers to absorb than big firms. So this week Kevin teamed up with IJ to challenge the rule under the Pennsylvania Constitution, which protects the right to earn an honest living free of unreasonable regulations. Click here to learn more.

New on the Short Circuit podcast: We take a long drink from the Fifth Circuit's waters. Including those of the Panama Canal.

In 2022, New York passes the Concealed Carry Improvement Act, banning the possession of firearms (1) on private property where the owner has not given express consent to the carrying of firearms, and (2) in public parks. Gun-rights advocates sue. Second Circuit: The private property restriction violates the Second Amendment, but there's enough of a historical basis to uphold the restriction in public parks. Dissent: No there isn't. Maryland prohibits renewable energy suppliers from advertising "green power" unless the electricity is at least 51% renewable or backed by renewable energy credits from within a specific geographic region. As a result, an energy company whose electricity is fully backed by renewable energy credits from outside that region cannot advertise its electricity as "green." Energy companies seek a preliminary injunction. Fourth Circuit: Granted. None of the regulated terms are inherently misleading, nor has the state shown the law will clear up consumer confusion. Over 100 W. Va. local gov'ts sue Express Scripts for a boatload of cash over its part in furthering opioid addiction. They want to create a fund that would then spend money on Good Things. Express Scripts: We get a jury trial! District court: No. Fourth Circuit: On the first day of kindergarten law students........

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