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Sixth Circuit

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 9.30.2023 3:24 PM

Qualified Immunity

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.

Jonathan H. Adler |The Volokh Conspiracy | 8.28.2023 6:59 AM

Individual mandate

Is the ACA's "Shared Responsibility Payment" a "Tax . . . Measured by Income"?

The Affordable Care Act's individual mandate penalty meets the bankcuptcy code.

Jonathan H. Adler |The Volokh Conspiracy | 7.31.2023 3:52 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 7.8.2023 8:47 AM

Guns

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.

Jonathan H. Adler |The Volokh Conspiracy | 4.25.2023 12:33 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 4.17.2023 6:06 PM

Vaccine mandates

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.

Jonathan H. Adler |The Volokh Conspiracy | 3.16.2023 4:37 PM

Vaccine mandates

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.

Jonathan H. Adler |The Volokh Conspiracy | 1.12.2023 3:09 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 12.14.2022 1:15 PM

Vaccine mandates

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.29.2022 6:06 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.28.2022 9:27 PM

Spending Clause

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.18.2022 7:32 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.14.2022 9:26 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.8.2022 3:33 PM

Property Rights

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.

Jonathan H. Adler |The Volokh Conspiracy | 10.13.2022 5:52 PM

Coronavirus

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.

Jonathan H. Adler |The Volokh Conspiracy | 5.27.2022 12:32 PM

fuck the police | Illustration: Lex Villena; Jesse Kunerth, Olexii Biriukov | Dreamstime.com

First Amendment

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.

C.J. Ciaramella | 2.9.2022 3:00 PM

Vaccine mandates

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.

Jonathan H. Adler |The Volokh Conspiracy | 12.18.2021 3:10 PM

Sixth Circuit

A Jurisprudential Feast Put on Ice

The consequences of failing to preserve issues for appellate review.

Jonathan H. Adler |The Volokh Conspiracy | 12.17.2021 6:23 PM

Vaccine mandates

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

Jonathan H. Adler |The Volokh Conspiracy | 12.15.2021 1:33 PM

Administrative Law

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.

Jonathan H. Adler |The Volokh Conspiracy | 12.4.2021 6:14 PM

Sixth Circuit

Court Rejects Michigan Lawmakers Challenge to State's Term Limits Law

Whether or not term limits for state legislators are wise, they are constitutional.

Jonathan H. Adler |The Volokh Conspiracy | 11.18.2021 3:37 PM

OSHA

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.17.2021 6:52 PM

23203939895_e5a95415cb_k | "Drawing lottery numbers" by Victor Wong (sfe-co2) is licensed with CC BY-NC-SA 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-sa/2.0/

OSHA

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.16.2021 4:49 PM

Sixth 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.

Jonathan H. Adler |The Volokh Conspiracy | 11.10.2021 12:32 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 8.26.2021 7:16 PM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 8.24.2021 9:21 AM

Sixth Circuit

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.

Jonathan H. Adler |The Volokh Conspiracy | 8.17.2021 10:15 AM

Crime

Sixth Circuit Rejects Constitutional Challenge to Mandatory Bar Membership in Michigan

Judge Thapar writes separately to note such requirements remain vulnerable under existing precedent.

Jonathan H. Adler |The Volokh Conspiracy | 7.15.2021 1:11 PM

Administrative Law

Sixth Circuit Takes Bump Stock Case En Banc

What seems like a gun rights case actually presents some important questions of administrative law.

Jonathan H. Adler |The Volokh Conspiracy | 6.25.2021 1:11 PM

Affirmative Action

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.

Jonathan H. Adler |The Volokh Conspiracy | 5.28.2021 9:32 AM

Census 2020 | NA

Administrative Law

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.

Jonathan H. Adler |The Volokh Conspiracy | 5.26.2021 9:07 AM

Sixth Circuit

Unpublished Sixth Circuit Decision Comments on U.S. Immigration Policy

A senior judge assails U.S. immigration policy and prompts a sharp response.

Jonathan H. Adler |The Volokh Conspiracy | 4.20.2021 6:31 PM

Sixth Circuit

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).

Jonathan H. Adler |The Volokh Conspiracy | 4.19.2021 6:19 PM

Supreme Court

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.

Jonathan H. Adler |The Volokh Conspiracy | 4.5.2021 10:20 AM

Supreme Court

Seems Like Old Times for the Sixth Circuit at SCOTUS

This morning's summary reversal of a habeas petition grant in Mays v. Hines.

Jonathan H. Adler |The Volokh Conspiracy | 3.29.2021 10:39 AM

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