Short Circuit: A Roundup of Recent Federal Court Decisions
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
Friends, 2025 marks ten years of Short Circuit. That’s right, our first newsletter went out February 13, 2015, and our first podcast two weeks later. To celebrate, we’re putting on a show—and hosting a party. The best part is that you’re invited. It’s Thursday, April 3, 2024, at 7pm at the Studio Theatre in Washington, D.C. You’ll hear about how it all began, see a Short Circuit Live podcast recording, and learn about the future of the federal courts of appeals. Plus, free food and drinks. And in addition to several of us at IJ, you’ll hear from retired judges Diane Wood (CA7) and Kent Jordan (CA3), Adam Liptak of The New York Times, Prof. Eugene Volokh, Dean of #AppellateTwitter Raffi Melkonian, and our old friend Clark Neily, now at Cato. Register here today!
- Allegation: New York inmate complains of urinary symptoms that, unknown to him, are telltale signs of prostate cancer. Prison doctors don’t investigate and instead treat him for benign enlarged prostate. He’s paroled in 2019 and in 2021 discovers that he has late-stage prostate cancer. He sues, alleging that the cancer should have been caught and treated earlier while he was incarcerated. Second Circuit: And his claims should not have been dismissed as untimely. Dissent: He knew he had a serious medical problem when he was incarcerated, even if he didn’t know it was cancer. His claims should be barred.
- Cryptocurrency trading platform asks the SEC to promulgate rules clarifying how and when federal securities law apply to digital assets like $HAWK coin or pictures of monkeys. The SEC demurs, deciding that it would rather explain the law through the process of suing companies it thinks have violated it. Third Circuit: We won’t order rulemaking, but the SEC needs to provide a better explanation for this enforcement-based approach. Concurrence (Judge Bibas): The old regulations are a poor fit for digital assets, and the SEC’s enforcement strategy raises constitutional notice concerns.
- A Kenyan national residing in Lancaster, Penn. faces a deportation order based on 2014 and 2019 felony convictions for vehicular fleeing a police officer. On appeal, the man argues that his convictions are not crimes involving moral turpitude (CIMT) that trigger deportation. Following oral argument before a panel, the Third Circuit votes for en banc rehearing and requests supplemental briefing. Eh … never mind, un-banc’d and remanded to the panel, which grants the man’s petition after holding that neither offense qualifies as a CIMT.
- Third Circuit (Jan. 2024): It’s unconstitutional to prevent 18–20-year-olds from carrying firearms outside their homes for lawful purposes. Supreme Court last summer: Hey, here’s this new Rahimi opinion, see what you think about them apples. Third Circuit (Jan. 2025): Yeah, still the same thing.
- Louisiana man sentenced to a mandatory minimum of 20 years in prison for conspiracy to distribute
Article from Reason.com
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