This morning, the U.S. Supreme Court accepted certiorari on a case that the Sixth Circuit Appellate Blog has been watching since July 2011: Coalition to Defend Affirmative Action v. Regents of the University of Michigan (6th Cir., Case Nos. 08-1387/1389/1534 & 09-1111). In Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for… Continue Reading
Category Archives: Supreme Court
Subscribe to Supreme Court RSS FeedSupreme Court Grants Cert in Another Case from the Sixth Circuit
Posted in Supreme CourtEarlier this week, the Supreme Court granted cert in another habeas case from the Sixth Circuit, Titlow v. Burt. The case involves the effectiveness of counsel (or more appropriately, the lack thereof) in advising a criminal defendant to withdraw a guilty plea. On Monday, the Supreme Court heard argument in another habeas case originating from… Continue Reading
Beer and Wine Case May Be Headed to the Supreme Court on Dormant Commerce Clause Issues
Posted in En Banc Watch, Recent Cases, Supreme CourtRecent developments indicate that the last of the Sixth Circuit’s beer and wine cases we reported about last year may be headed for the Supreme Court. Even if it doesn’t go up on cert, the case is an example that a well-focused petition for rehearing en banc can be an effective tool, even if it doesn’t actually result in… Continue Reading
Another Habeas Reversal For The Sixth Circuit
Posted in Recent Cases, Supreme CourtThe Supreme Court has reversed another habeas case from the Sixth Circuit, holding that mentally ill prisoners do not have a statutory right to stay their habeas petitions while incompetent. See Tibbals v. Carter (No. 11-218). Justice Thomas’ opinion, however, still allows district court to issue discretionary stays while a prisoner regains competence. Though it… Continue Reading
Video Interview: Discussing Recent Challenges to the Abortion and Contraception Mandate with LXBN TV
Posted in News and Analysis, Supreme CourtBelow is a link to my recent interview on LXBN TV with host Colin O’Keefe of LXBN where I discuss the legal challenges to the so-called abortion and contraception mandate under the Patient Protection and Affordable Care Act, Public Law 111-148. As I highlight during the interview, there currently are over 40 lawsuits making their way through… Continue Reading
Supreme Court Grants Cert in Sixth Circuit Habeas Case
Posted in Recent Cases, Supreme CourtEarlier this week, the Supreme Court granted cert in another habeas case arising from the Sixth Circuit. In Perkins v. McQuiggin, the Sixth Circuit addressed the question of equitable tolling in the context of an actual innocence claim. The Sixth Circuit’s opinion was a unanimous one, with Judge Cole as the author, joined by Judge… Continue Reading
Sixth Circuit Splits from Federal Circuit on Whether Severance Payments are Subject to FICA Payroll Taxes
Posted in Recent Cases, Supreme CourtThe Sixth Circuit has split with the Federal Circuit in ruling that severance payments paid to employees pursuant to an involuntary reduction in force are not “wages” for FICA tax purposes. United States v. Quality Stores, Inc., Case No. 10-1563 (Sept. 7, 2012) (PDF). The Court first confirmed that neither the Federal Insurance Contributions Act (“FICA”) nor… Continue Reading
Courts Split in Award of Electronic Discovery Costs to Prevailing Party
Posted in Recent Cases, Supreme CourtElectronic discovery is one of the greatest expenses of modern litigation, encompassing a wide range of actions including electronic scanning, metadata extraction, electronic file conversion, optical character recognition scanning (OCR), using a third-party to collect network files; and costs for the conversion of paper documents into electronic files. It should come as no surprise then that… Continue Reading
U.S. Supreme Court Upholds Health Care Statute In Landmark Ruling, Rejecting Much of Sixth Circuit’s Constitutional Rationale
Posted in Supreme CourtIt seems that everyone is a constitutional scholar today following the U.S. Supreme Court’s decision earlier this morning upholding the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, National Federation of Independent Business v. Sebelius (Sup. Ct. Case No. 11-393) (PDF). The Court’s landmark ruling is notable not only… Continue Reading
Sixth Circuit Case May Shape Supreme Court’s Landmark Decision On The Constitutionality Of The Health Care Statute
Posted in Supreme CourtWe are closing in on the one-year anniversary of the Sixth Circuit’s June 29, 2011 decision rejecting a constitutional challenge to the mandate requiring individuals to purchase health insurance under the Patient Protection and Affordable Care Act, Public Law 111-148. The Sixth Circuit was the first Circuit Court in the country to rule on the… Continue Reading
Seventh Circuit Disagrees With the Sixth Circuit in Construing Compensable Time Under The Fair Labor Standards Act
Posted in News and Analysis, Recent Cases, Supreme CourtLast week, Judge Posner, writing on behalf of the Seventh Circuit, disagreed with the Sixth Circuit when examining whether, in cases where a collective bargaining agreement does not provide for compensation for the time a worker spends putting on protective clothing to start his shift, the time spent walking from the locker room to the work… Continue Reading
Sixth Circuit Decision Vacated and Remanded by Supreme Court in Notable Habeas Case
Posted in Supreme CourtOn Wednesday, the Supreme Court issued its decision in Lafler v. Cooper, one of two notable habeas cases that were pending before the Court. In the criminal case underlying Lafler, the defendant was charged with assault with intent to murder in addition to three other offenses. The prosecution offered to dismiss two of the charges… Continue Reading
Supreme Court Reverses Sixth Circuit in Landmark Religious Freedom Case
Posted in Supreme CourtIn a 9-0 decision yesterday, the Supreme Court reversed the Sixth Circuit and affirmed a religious body’s right to make employment decisions free from government intervention. It was the Supreme Court’s first decision on the ministerial exception to employment discrimination laws. The plaintiff was a “called teacher” within the Lutheran Church, where part of her… Continue Reading
BREAKING NEWS: Three (Yes, Three) Cert Petitions Filed Today Seeking Review Of The Eleventh Circuit’s Decision Striking Down The Individual Mandate Under The New Health Care Statute
Posted in Supreme CourtYesterday we reported that the federal government decided not to seek en banc review of the Eleventh Circuit’s decision striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Today, the battle has moved to the U.S. Supreme Court in full gear. … Continue Reading
Final Showdown: Challenge to Health Care Statute in Sixth Circuit Lands at the U.S. Supreme Court
Posted in News and Analysis, Supreme CourtEarlier this week, Thomas More Law Center and several other plaintiffs filed their petition for writ of certiorari in the U.S. Supreme Court, asking the High Court to reverse the Sixth Circuit’s June 29, 2011 divided panel decision upholding the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection… Continue Reading
U.S. SUPREME COURT REVERSAL RATES CONTINUE TO ATTRACT ATTENTION
Posted in Supreme CourtWe have previously reported about the Sixth Circuit’s recent “losing streak” at the U.S. Supreme Court as well as subsequent continued reversals by the Court. The broader issue of reversal rates by the U.S. Supreme Court was the subject of a recent article by the Los Angeles Times. While the article focused on the Ninth… Continue Reading
SUPREME COURT, IN FIVE-FOUR DECISION, REVERSES SIXTH CIRCUIT IN CRIMINAL CASE
Posted in Supreme CourtThe Supreme Court recently handed down its decision in Freeman v. United States, which reversed an unpublished decision by the Sixth Circuit regarding the Federal Sentencing Guidelines. The case involved a retroactive guideline change that addressed the disparity in penalties between crack cocaine and powder cocaine. Mr. Freeman sought to obtain a sentence reduction based… Continue Reading
Overturning the Sixth Circuit, the Supreme Court Rules that Telephone Companies Must Provide Access to Their Competitors At Cost
Posted in Recent Cases, Supreme CourtIn Talk America, Inc. v. Michigan Bell Telephone Co., the Supreme Court resolved a circuit split, holding that state utility commissions can require established telephone companies to provide smaller competitors access to their network at cost. It overturns a Sixth Circuit decision (which disagreed with decisions from the Seventh, Eighth, and Ninth Circuits) that allowed… Continue Reading
The Supreme Court, Affirming the Sixth Circuit, Simplifies Calculations Under The Speedy Trial Act: United States v. Tinklenberg
Posted in Recent Cases, Supreme CourtIn United States v. Tinklenberg, 563 U. S. ___ (2011), the Supreme Court affirmed the Sixth Circuit’s dismissal of a criminal case under the Speedy Trial Act, which requires that trial begin within 70 days of indictment or arraignment. Justice Breyer’s opinion, however, rejected the Sixth Circuit’s reasoning. The Court held that any pretrial motion… Continue Reading
Supreme Court Agrees with Judge Sutton in Reversing Sixth Circuit Panel Decision Regarding Ohio Jury Instructions in Death Penalty Cases
Posted in Supreme CourtYesterday, the Supreme Court in a per curiam decision upheld Ohio’s jury instructions that require jurors first to reject the death penalty before considering a sentence of life imprisonment. See Bobby v. Mitts, No. 10-1000. In the order denying the petition for rehearing en banc before the Sixth Circuit, as previously reported here, Judge Sutton… Continue Reading
Being Featured on SCOTUSblog as Petition of the Day Not Enough To Get Supreme Court’s Attention
Posted in Supreme CourtAs reported previously here, the Sixth Circuit recently held the fleeting honor of having its decision featured on SCOTUSblog’s Petition of the Day. This was not, however, enough for the Supreme Court to accept jurisdiction; yesterday, the Supreme Court denied the petition of the City of Loveland for the Court to accept jurisdiction. (PDF) The… Continue Reading
Supreme Court Declines to Step in at This Time; Allows Sixth Circuit to Hear Challenge to Health Care Statute
Posted in Supreme CourtThe U.S. Supreme Court today rejected an effort by Virginia’s attorney general to bypass the Court of Appeals and have the Supreme Court immediately address the challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Virginia had filed a petition on… Continue Reading
Supreme Court takes up another Sixth Circuit case to resolve question of whether termination of parochial school teachers falls within exception to ADA
Posted in Supreme CourtIn what could be the end of the Sixth Circuit’s 0-15 “losing streak” before the United States Supreme Court (reported previously here), the Supreme Court recently granted certiorari in the case of EEOC, et al, v. Hosanna-Tabor Evangelical Lutheran Church and School.pdf to review the Sixth Circuit’s determination that the termination of a parochial school teacher was subject… Continue Reading
Real Estate Association Website Policies Found Anticompetitive Under FTC Act
Posted in Recent Cases, Supreme CourtIn an opinion examining website policies restricting access to certain types of real-estate brokerage information, the Sixth Circuit ruled that such policies were anticompetitive under Section 5 of the FTC Act. In Realcomp II, Ltd. v. FTC (6th Cir. 09-4596) [PDF], a unanimous panel affirmed a ruling of the Federal Trade Commission (“FTC”) and found… Continue Reading