President Trump Makes First Judicial Nomination of Second Term
President Trump's first judicial nomination of his second term clerked for Justices Alito and Barrett (and then-Judge Kavanaugh)
Sixth Circuit
Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time
The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.
Justice Thomas Is Not Happy with the Sixth Circuit (Again)
A dissent from the denial of certiorari in another Sixth Circuit Habeas case.
What Process Is Due Before Property Is Destroyed?
The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.
Sixth Circuit Rejects FCC's Open Internet Order as Inconsistent with Statutory Text
The unanimous panel has little difficulty concluding the FCC sought to exercise authority it did not have.
Federal Courts Still Lack Authority to Issue Advisory Opinions
The U.S. Court of Appeals for the Sixth Circuit reminds us that there are limits to Article III.
Sixth Circuit Allows Enforcement of Ohio Law Barring Foreign Expenditures on Ballot Initiatives
A divided circuit panel stays the district court's injunction against enforcing Ohio's law.
Was the Federal Government's Defense of Race-Based Debt Relief for Farmers and Ranchers "Substantially Justified"?
An interesting question divides a panel of the U.S. Court of Appeals for the Sixth Circuit.
Sixth Circuit Puts Net Neutrality Rule on Ice
A three-judge panel concludes the rule's challenger are likely to succeed on the merits.
Supreme Court to Consider State Ban on Gender Dysphoria Treatments for Minors (Updated)
The Court's grant of certiorari is limited to only one of the issues in this litigation.
Divided Sixth Circuit Panel Affirms Preliminary Injunction Against Department of Education Title IX Guidance
The court concludes states are likely to succeed in their procedural challenges to the Education Department's decision to extend Bostock to Title IX.
Sixth Circuit Reverses Preliminary Injunctions Against TN & KY Laws Restricting Gender Dysphoria Treatments for Minors (Updated)
After a divided ruling, laws limiting such treatments in Tennessee and Kentucky will go into force.
Sixth Circuit Denies Qualified Immunity to School Officials
Court finds parent's right to comment on their interactions with their child's coaches or teachers is cleartly established.
Is the ACA's "Shared Responsibility Payment" a "Tax . . . Measured by Income"?
The Affordable Care Act's individual mandate penalty meets the bankcuptcy code.
Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors
A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.
Sixth Circuit Panel Rejects Bump Stock Ban (Again)
A three-judge panel concludes that bump stocks cannot be considered machine gun parts under the rule of lenity.
Sixth Circuit Refuses to Vacate Opinion on Air Force Covid Vaccine Requirement
A panel upheld a preliminary objection barring the Air force from requiring religious objectors to get Covid-19 vaccines, and a majority of the court's judges refused to vacate that decision as moot.
J.M. Smucker Is Not a State Actor
The Sixth Circuit rejects a suit against the jam maker for requiring employees to get the jab.
Sixth Circuit Upholds Injunction Against Biden Administration COVID-19 Vaccine Mandate for Federal Contractors
The U.S. Court of Appeals for the Sixth Circuit concludes the President exceeded the scope of his delegated authority.
The Sixth Circuit Denies En Banc Rehearing in Ohio State Title IX Case.
Judges on The U.S. Court of Appeals for the Sixth Circuit disagree over when Title IX claims accrue.
Sixth Circuit Upholds Injunction Barring Air Force from Requiring COVID Vaccines for Religious Objectors
From the sounds of it, the Air Force's attorneys didn't think too carefully about how to respond to Religious Freedom Restoration Act (RFRA) claims.
Should the Sentencing Commission Get Auer Deference for the Number of "Images" in a Video?
The U.S. Court of Appeals for the Sixth Circuit disagrees on whether the word "image" is ambiguous.
Sixth Circuit Concludes ARPA Condition on COVID Relief Violates Spending Clause
The U.S. Court of Appeals for the Sixth Circuit concluded some state challenges to the COVID relief bill were not justiciable, but reaches the merits in one case and finds the law lacking.
Justice Thomas Says "Sixth Circuit Must Do Better" in AEDPA Cases
The Supreme Court often reverses the U.S. Court of Appeals in habeas cases, but not this time.
Sixth Circuit Holds Deposition Testimony Does Not Waive Fifth Amendment Right Against Self-Incrimination
A divided panel concludes that government officials forced to testify at Flint Water Crisis civil trial did not waive their constitutional right against self-incrimination just because they had answered questions in depositions.
Sixth Circuit Finds Government Seizure of Home's Equitable Title to Satisfy Tax Debt Was a Taking
An important victory against "self-dealing" by state and local governments.
Sixth Circuit Concludes Challenge to Michigan Mask Mandate Is Moot
The en banc Sixth Circuit concludes that the lawsuit seeking an injunction against Michigan's mask mandate is now moot.
Appeals Court Rules Ohio Cops Didn't Have Cause To Arrest Man Wearing 'Fuck the Police' Shirt
The sheriff's deputies are also not entitled to qualified immunity because the First Amendment right to offend police has been repeatedly upheld.
Thoughts on Sixth Circuit OSHA Vax-or-Test Mandate Stay Decision and What Comes Next (Updated)
The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.
A Jurisprudential Feast Put on Ice
The consequences of failing to preserve issues for appellate review.
Breaking: Sixth Circuit Refuses to Hear Challenges to OSHA Vaccinate-or-Test Rule En Banc (Updated)
A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel
En Banc Sixth Circuit Splits 8-8 Over Bump Stock Ban
The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.
Court Rejects Michigan Lawmakers Challenge to State's Term Limits Law
Whether or not term limits for state legislators are wise, they are constitutional.
Will Sixth Circuit Take OSHA ETS Case En Banc? (Updated)
A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.
Challenges to OSHA Vaccine-or-Test Standard to Be Heard by Sixth Circuit
As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.
Sixth Circuit Takes Michigan COVID Mask Rule En Banc
The full court will consider the proper standard for judicial review of COVID restrictions in religious institutions.
Is the Sixth Circuit Choosing Reversal over Duty?
In dissent from denial of en banc rehearing, Judge Griffin notes the recent history of Supreme Court reversals of Sixth Circuit habeas decisions.
Sixth Circuit Issues Two En Banc Habeas Decisions in Four Days
In two slightly different line-ups, the en banc court denied two habeas claims 9-7.
Why Do People Keep Overlooking the Sixth Circuit?
Contrary to what some claim, the Sixth Circuit was the first federal appellate court to issue a ruling on the merits of the CDC eviction moratorium.
Sixth Circuit Rejects Constitutional Challenge to Mandatory Bar Membership in Michigan
Judge Thapar writes separately to note such requirements remain vulnerable under existing precedent.
Sixth Circuit Takes Bump Stock Case En Banc
What seems like a gun rights case actually presents some important questions of administrative law.
Sixth Circuit Enjoins Use of Race and Sex Preferences for Coronavirus Relief Funding
A divided panel grants a preliminary injunction against privileging relief applications based on the race or sex of the applicant.
Perhaps the Shortest Standing Opinion You'll Ever Read
The Sixth Circuit made quick work of a district court opinion concluding Ohio lacked standing to sue for overdue Census data.
Unpublished Sixth Circuit Decision Comments on U.S. Immigration Policy
A senior judge assails U.S. immigration policy and prompts a sharp response.
Sixth Circuit Grants Habeas Petition for Lower's Court's Objectively Unreasonable Application of the Confrontation Clause
A liberal result (granting a criminal defendant's habeas petition) from a quite conservative judge (John Bush).
Is SCOTUS Getting Ready to Reverse the Sixth Circuit in a Habeas Case Yet Again?
Today's grant of certiorari in Brown v. Davenport suggests we will see yet another Supreme Court reversal of a Sixth Circuit grant of a habeas petition.
Seems Like Old Times for the Sixth Circuit at SCOTUS
This morning's summary reversal of a habeas petition grant in Mays v. Hines.
