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

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Cite

Ross, J. (2026, October 2). Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal. Reason. https://reason.com/volokh/2026/10/02/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-79/

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

Reason · collected 2026-10-02 · by John Ross analysis

Quick Summary

The article compiles recent rulings from federal courts of appeal, focusing on diverse legal cases including suspicionless searches in Pennsylvania, high-speed trains for California to Nevada, prison accommodations for inmates with injuries, copyright infringement involving AI training software, and political retaliation through misuse of ordinances. It also highlights a death row inmate's challenge against Tennessee’s execution protocol based on her history of abuse.
Written by AI on 2026-10-02, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In the latest edition of Short Circuit, a weekly feature by the Institute for Justice, John Ross discusses ongoing legal cases and court decisions. One notable case is Rivera v. Borough of Pottstown II in Pennsylvania, where last year’s decision established that individualized suspicion must precede government officials obtaining warrants to search homes for code violations. However, the borough now demands renters submit to suspicionless searches by private inspectors.

The article also mentions a prediction market company named Kalshi and its involvement in Indian gaming regulation on Short Circuit's podcast. Additionally, it highlights a German company winning the bid to supply high-speed trains (capable of traveling over 186 mph) for a new railroad from Rancho Cucamonga, California, to Las Vegas. The first two trains will be manufactured in Germany with American workers present for training before production shifts to America for subsequent units.

Written for “Federal Court Rulings Compilation” on 2026-11-03, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Federal Court Rulings Compilation
Politics · 1 article(s) covering the same event.

Compared with similar articles

Nothing to compare against. No article is close enough to this one for the pipeline to have linked or judged the pair.
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
59
sentences that state something as happening or true
Uncertain
7%
4 of 59 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-02 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1084 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

John Ross
8 article(s) here · 1 carrying a prediction
🔮 So maybe he was telling the truth about pulling over for a nap while business was slow?
🔮 - One response to our embittered, social-media-coarsened discourse might be to take a deep breath and focus on the important things.
🔮 Many would consider that just a difference of opinion; but for litigious lobstermen, it's supposedly defamation.
🔮 The first two trains will be built in Germany with American workers on hand for training—and then eight more Made in America.
🔮 "Technology may make surveillance more convenient, but it does not make the Fourth Amendment's protections any less important."
🔮 Might be a Fourth Amendment violation if the officials searched the home based only on a vague unsubstantiated complaint, but qualified immunity for substantive and procedural due process claims.
🔮 A former mayor even scrapped planned upgrades.
🔮 - In which the Third Circuit holds that restrictions on out-of-state doctors' telemedicine practice are content-based restrictions on speech that would be subject to strict scrutiny … if not for the Founding-era history of gov't licensing of physician speech, which is hard cheese for the plaintiff physicians.
Also by John Ross
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 8 articles by John Ross →

Topics

Borough of Pottstown Pennsylvania Pottstown II Short Circuit the Institute for Justice

Subjects

Kalshi ORG · 3× Sixth Circuit ORG · 3× Rivera PERSON · 2× Short Circuit ORG · 2× Borough of Pottstown ORG · 1× Indian NORP · 1× Pennsylvania GPE · 1× Pottstown II ORG · 1× The Volokh PERSON · 1× the Institute for Justice ORG · 1×

Narrative

- And in en banc news, the Ninth Circuit will not reconsider its decision that the Forest Service's transfer to a private mining company of federal land home to an Apache ceremonial religious ground and the world's third-largest copper deposit passes muster under the Free Exercise Clause and RFRA.
framing: assertive · carried by 1 article(s) · first seen 2026-10-02
🔮 The first two trains will be built in Germany with American workers on hand for training—and then eight more Made in America.

Claims (59 extracted, 4 hedged)

Last year, in Rivera v. Borough of Pottstown, a Pennsylvania appeals court ruled that individualized suspicion is required before gov't officials can get a warrant to search homes for code violations. asserted
officials → rule → violations
But now the borough is demanding that renters submit to suspicionless searches by private inspectors. asserted
renters → demand → inspectors
So, folks, we're doing Rivera v. Pottstown II. asserted
we → do → II
We place our bets—sorry, predictions—on whether Kalshi is on the up-and-up when it comes to Indian gaming and on prediction market regulation more generally. asserted
it → place → regulation
- German company wins bid to supply trains (that can travel >186 mph) for new railroad from Rancho Cucamonga, Calif. to Las Vegas. asserted
that → win → Vegas
(The company's trains currently travel 220 mph.) asserted
trains → travel → mph
The first two trains will be built in Germany with American workers on hand for training—and then eight more Made in America. asserted
trains → build → America
Losing bidder (whose trains "presently have a maximum speed of 160 miles per hour"): That's not Buy America enough. asserted
That → lose → hour
- Rhode Island man jumps out of second-story window to evade arrest, breaking his feet and ankles; he claims he has to hobble around prison without doctor-recommended accommodations. uncertain
he → jump → accommodations
The state tort claims act may waive sovereign immunity for "all actions of tort," but the state supreme court has never definitively said whether that applies to discrimination claims. uncertain
that → waive → claims
We checked in with the Rhode Island Supreme Court on this, and they seemed pretty definitive. asserted
they → check → this
- Legal research platform ROSS Intelligence trained its AI system on Westlaw headnotes. asserted
Intelligence → train → headnotes
- It would obviously violate the First Amendment for city officials to pass a law making it illegal for a sound-truck operator to support the mayor's political opponent, but what if instead they just conspire to seize the guy's truck by invoking esoteric parking and noise ordinances? asserted
they → violate → ordinances
(Though there's qualified immunity for officials who were just following the conspirators' orders.) asserted
who → be → orders
- In 1995, saying she "just felt mean that day," Knoxville, Tenn. woman (with friends) tortures and kills another woman, taking a piece of the victim's skull that she said she was "eating breakfast with." asserted
she → say → breakfast
She's sentenced to death. asserted
She → sentence → death
She seeks habeas relief, loses. asserted
She → seek → relief
Her execution is set, and a few months before, she challenges the state's execution protocol. asserted
she → set → protocol
At a hearing, the state's attorney says that the state "does not dispute" that the woman suffered from a history of rape and sexual abuse. asserted
woman → say → rape
That concession "erodes the foundation" of my state court proceedings and requires reopening my habeas petition. asserted
concession → erode → petition
This is effectively a second habeas petition, which courts can't consider. asserted
courts → consider → which
Sixth Circuit, over a dissent: We'll stay the execution so we can properly consider the arguments. asserted
we → stay → arguments
(The state then botches the execution, and the woman is now in critical condition.) asserted
woman → botch → condition
- Your summarist didn't take the classes in law school that tell you what a "swap" is. asserted
swap → take → you
But whatever the meaning, the Sixth Circuit doesn't buy Kalshi's argument that "predicting" the "event" of the Dodgers taking the next series in 5 is not in the same league as "betting" on the future price of pork bellies. asserted
Dodgers → buy → bellies
Which means the Ohio and Tennessee gambling authorities win this round and Kalshi's attempts to preliminary enjoin them fail. asserted
attempts → mean → them
- When officers have an arrest warrant, do they need probable cause to think the subject is home before they bust in to apprehend them—or a mere reasonable belief? asserted
they → have → them
Sixth Circuit (unpublished): We've said both, and we're not clearing anything up today. asserted
we → say → anything
- Ninth Circuit: It is not a Fourth Amendment violation for police to hold a felony suspect at gunpoint until he's cuffed, even if he's compliant. asserted
he → hold → gunpoint
They had no reason to think this guy was violent, and a jury might think pointing guns at his head from three feet away was unreasonable. uncertain
pointing → have → head
But there's no clearly established law on that, so we do indeed have to reverse the denial of QI. asserted
we → be → QI
- After the creation of the Great Basin National Park in the 1980s, the feds began diverting water inside the park, a serious problem for ranchers downstream, whose water rights were set out in a 1934 state-court proceeding. asserted
rights → begin → proceeding
Congress waived sovereign immunity in these cases in 1952, and it would be "absurd" were it otherwise. asserted
it → waive → 1952
This is going to be a disaster. asserted
This → go → ?
- Mexican citizen in the U.S. since 2000 loses bid to have his removal canceled, but he's allowed to leave voluntarily, and he pays the $500 required for that the next day. asserted
he → lose → that
He also promptly appeals on cancellation of removal. asserted
He → appeal → removal
On appeal, the BIA affirms on cancellation and also says he never paid the $500, even though the receipt is in the record. asserted
receipt → affirm → record
Yeah, he paid the receipt. asserted
he → pay → receipt
The gov't argued if the BIA gets a fact wrong, the appellant is out of luck. asserted
appellant → argue → luck
It's what SCOTUS has said. asserted
SCOTUS → say → what
…and 19 more, not listed.
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