With the coming political season soon upon us, the Sixth Circuit has struck down an Ohio statute that criminalized the acceptance by state Attorney-General or county-prosecutor candidates of campaign contributions from Medicaid providers or persons with an ownership interest in a Medicaid provider. See Lavin v. Husted (6th Cir., Case No. 11-3908, Aug. 3, 2012)… Continue Reading
Tag Archives: First Amendment
Video Interview on LXBN TV: Discussing The Sixth Circuit’s High Profile Decision on the New Federal Tobacco Marketing Law
Posted in News and AnalysisYesterday I had the opportunity to speak with Colin O’Keefe of LXBN TV to discuss the Sixth Circuit’s long-awaited opinion in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Opinion, Discount Tobacco… 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
Upcoming Food Fight at the Sixth Circuit
Posted in Recent CasesIn our continuing coverage of cases that are making their way up to the Sixth Circuit, we noticed this recent appeal from the Western District of Michigan, Martha Elizabeth, Inc. v. Scripps Networks Interactive, LLC. The case pits an owner of a retail business specializing in products for the home chef that uses the trademark… Continue Reading
Recent Decision on Kentucky Judicial Elections Continues to Shake Ohio Politics
Posted in News and AnalysisAs this blog has reported, in July 2010, the Sixth Circuit struck as unconstitutional two Kentucky regulations governing judicial elections. In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and also a different regulation prohibiting… Continue Reading
Ohio Changes Judicial Election Rules as Fallout Begins from Recent Ruling on Judicial Party Affiliation and Fundraising
Posted in News and AnalysisAs reported previously in this blog, the U.S. Court of Appeals for the Sixth Circuit recently struck as unconstitutional two Kentucky regulations governing judicial elections. In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and… Continue Reading