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Circuit Splits from March 2026: Appellate Court Disagreements on Qualified Immunity, ADA, First Step Act

The Congressional Research Service published a Legal Sidebar summarizing circuit splits that emerged from U.S. Courts of Appeals decisions in March 2026. Three circuit conflicts are discussed: the Eleventh Circuit's split with the Fifth and Tenth Circuits on qualified immunity and personal liability under 42 U.S.C. § 1981 and the FMLA; the Eleventh Circuit's split with the Fifth Circuit on Olmstead claims under Title II of the ADA for individuals at risk of institutionalization; and the Second Circuit's split with the Ninth Circuit on whether First Step Act time credits can reduce the period of supervised release under 18 U.S.C. § 3632(d)(4). The report does not create new obligations but tracks appellate disagreement on federal law interpretation.

Illinois AG Urges Seventh Circuit to Uphold Interchange Fee Cap, Reverse Data Usage Injunction

The Illinois Attorney General filed a combined principal and response brief in the U.S. Court of Appeals for the 7th Circuit on April 3, urging affirmance of the district court's ruling that the Illinois Interchange Fee Prohibition Act's interchange fee limitation is not preempted by federal law and reversal of the permanent injunction blocking enforcement of the IFPA's data usage limitation. The AG argues that interchange fees are established by payment card networks, not banks, and that plaintiffs lacked standing to challenge the data usage provision before enforcement.

ABA Asks Seventh Circuit to Block Illinois Interchange Fee Ban Before July 1

The American Bankers Association and Illinois Bankers Association have asked the Seventh Circuit Court of Appeals to reverse a district court decision and issue an injunction blocking Illinois Interchange Fee Prohibition Act enforcement before the July 1 effective date. The Illinois law bans banks and payment networks from charging or receiving interchange fees on the tax or gratuity portion of card transactions. OCC has filed an interim final rule titled 'National Bank Non-Interest Charges and Fees' related to national banks' authority to charge interchange fees under the National Bank Act.