The latest edition of Short Circuit, a weekly feature by the Institute for Justice, highlights several significant rulings from the federal courts of appeal as of July 17, 2026.

The United States Postal Service implemented changes that reduced service, prompting lawsuits from New York, New Jersey, and Hawaii. These states allege the changes will impede voting by mail. However, Congress has mandated that such challenges must first be taken to the Postal Regulatory Commission.

In a separate matter, the First Circuit examined the extent to which states can impose conditions on aid to religious schools that may conflict with the schools' missions. After reviewing over 100 pages in two opinions, the court largely upheld the denial of preliminary injunctions filed by the schools, though one school succeeded in obtaining a preliminary injunction on a religious liberty claim.

The Third Circuit featured a case involving a doctor who published a detailed critique of medical school affirmative action policies in 2020, which elicited displeasure from his colleagues. This case has been noted as a resource for discussions on "Woke Cancellation Bingo."

Attorneys representing the United States argued before the Eighth Circuit that a prior settlement agreement did not prevent them from rescinding a plaintiff's permit, despite the plaintiff offering payment to avoid permit revocation.

In en banc news, the Fifth Circuit announced it will reconsider its decision that due process requires bond hearings within 90 days for certain aliens pending removal hearings. This reconsideration comes amid a circuit split over the constitutionality of mandatory detention without bond hearings.

Additionally, a new case involves Gino Fiermonte, an electrician at Long Island MacArthur Airport, who was severely shocked in 2021 while repairing a runway sign. Fiermonte alleges that an FAA employee negligently turned the power back on during the repair.

Notable commentary from the coverage includes the assertion that "filing a motion should not be a game of gotcha" and that the current legal process "sends a plaintiff … directly from the arms of Scylla to the mouth of Charybdis," describing the harshness of some procedural outcomes.

Sources

  • John Ross, "Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal," Reason, July 17, 2026. Read more