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
Bleak House, wellness checks, and forfeiture interrogatories.
John Ross | 6.5.2026 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: Our old friend Brian Morris rejoins the show for exoneration litigation. And Belmont picks.
Shortly after beginning his second term, President Trump, and later Secretary of Defense Pete Hegseth, announce policy changes barring persons currently or previously afflicted with gender dysphoria from military service. Current and prospective servicemembers challenge the policy change, and the district court issues a preliminary injunction. D.C. Circuit: The injunction is proper for current service members, but improper for prospective applicants. Concurrence: The injunction is proper for both. Dissent: The injunction is proper for neither. In 2022, the feds seized the superyacht Amadea in Fiji as part of Task Force KleptoCapture, targeting Russian oligarchs. Second Circuit: Cool. Man dies after jumping from a highway overpass. Philadelphia police officer, in violation of department policy, uses his personal cell phone to photograph the dead man lying on the road. Then, in "a poor attempt at 'humor,'" he sends it to several colleagues, one of whom posts it to social media. It is forwarded to the bereaved mother, who sues the officer. Third Circuit (unpublished): Qualified immunity. There is no clearly established right to control dissemination and exploitation of one's close relatives' death scene images. Dissent: Our history and traditions establish that it was so obviously wrong that he was on notice. Virginia inmate is accused of indecent exposure; he insists prison officials view video that he says will exonerate him. They decline and convict him. He asks them to preserve the footage. They delete it. Spoliation sanctions? District court: Summary judgment to the prison officials without ruling on that motion. Fourth Circuit: There are three ways a district court can abuse its discretion, and this decision "appears to abuse discretion in all three ways." Children in the West Virginia foster care system file class action, alleging a........