The “maxim that wrongdoers may not profit from their wrongs” is having a big week at the Sixth Circuit. In two cases—one about ERISA, the other about restitution—sons betrayed their mothers for financial gain. The facts in these cases are devastating, though the legal issues are fascinating nonetheless. In short, the murderer lost, but the … Continue Reading
In Department of Education v. Louisiana, the Supreme Court issued a rare August opinion to maintain two preliminary injunctions that block the Department of Education’s new rule. That rule expands Title IX to prevent sexual-orientation and gender-identity discrimination. State coalitions brought challenges; district courts in Louisiana and Kentucky enjoined the rule during the litigation; the … Continue Reading
A Tennessee law prevents changing one’s designation of sex on his or her birth certificate, even if that person has changed gender identity on other official documents as in life. In Gore v. Lee, the Sixth Circuit affirmed this law’s constitutionality. This decision is best understood in tandem with another gender-rights case from Tennessee: L.W. … Continue Reading
The Supreme Court’s recent spate of high-profile decisions gives Court watchers much to process. At this blog, we hope to explore many of those decisions as summer progresses. In the meantime, we note a couple details from the Court’s Order List this week following its “clean-up conference.” I count 30 cases the Court granted, summarily … Continue Reading
Congratulations are in order to the forty-something law clerks that swore in to the Sixth Circuit bar Wednesday. That was a prelude to the court’s en banc argument on campaign finance restrictions in National Republican Senatorial Committee v. FEC. The Committee challenges the constitutionality of part of the Federal Election Campaign Act that places limits … Continue Reading
Today, the Sixth Circuit took the relatively rare step of granting a criminal defendant’s release from prison before deciding the merits of his case. That followed last week’s oral argument in the high-profile criminal appeal of Alexander “P.G.” Sittenfeld, the former Cincinnati City Councilperson. Sittenfeld’s counsel closed his rebuttal argument by renewing his request for … Continue Reading
Tomorrow marks the first Saturday in May, so the sporting world will turn its attention to Louisville, Kentucky for the 150th running of the Kentucky Derby at Churchill Downs. Perhaps $200 million will be wagered on “the fastest two minutes in sports.” And while the Derby is “the most storied race of them all,” West … Continue Reading
Last week, the Ohio Supreme Court published a new and improved writing manual. The Third Edition is “a comprehensive guide . . . designed to improve the readability of opinions issued by, and briefs filed in,” Ohio’s courts. The unquestionable headline is that the new manual abandons the cumbersome triple-parallel-citation format of old in favor of citing … Continue Reading
Four years ago, the Supreme Court declined a federal habeas petitioner’s request to review the Sixth Circuit’s decision in Avery v. United States, 770 F. App’x 741. Justice Kavanaugh, the Sixth Circuit’s assigned circuit justice, attached a “statement” to the Supreme Court’s cert. denial to highlight a circuit split that Avery implicated and to note … Continue Reading
Yesterday evening, the Sixth Circuit issued a blockbuster decision in consolidated cases addressing the constitutionality of Tennessee’s and Kentucky’s laws limiting minors experiencing gender dysphoria from certain sex-transition treatments. Chief Judge Sutton wrote the majority opinion, which Judge Thapar joined. Judge White dissented. The majority and dissenting opinions cumulatively span over 70 pages.… Continue Reading
Earlier this week, we blogged about the social media censorship cases that have been working their way through various courts of appeals, including the Sixth Circuit, and how one of those cases – the Fifth Circuit case – has now landed on the Supreme Court’s emergency docket. As a reminder, the Sixth Circuit held that … Continue Reading
Yesterday, the Sixth Circuit issued a set of engrossing opinions accompanying its order denying the petition for rehearing en banc in United States v. Carpenter, No. 22-1198 (6th Cir. Sep. 18, 2023). The order is noteworthy for, among other reasons, solidifying a circuit split on the interpretation of the last, restrictive clause in section 403(b) … Continue Reading
The Sixth Circuit opened a rift with the Fifth Circuit last Thursday in Changizi v. HHS, No. 22-3573 (6th Cir. Sep. 14, 2023). Judge Bush wrote the opinion for the Court, which Judge Boggs and Judge White joined. The decision affirmed the dismissal of a complaint alleging that the Biden Administration had violated the First … Continue Reading
The Sixth Circuit recently heard argument in L.W. v. Skrmetti, involving Tennessee’s law prohibiting healthcare providers from performing gender-affirming surgeries and administering hormones or puberty blockers to transgender minors. The district court facially enjoined enforcement of the law as applied to hormones and puberty blockers and applied the preliminary injunction statewide. Tennessee appealed and sought … Continue Reading
The Sixth Circuit issued a notable decision two days ago in one of the higher-profile appeals pending before it. The Panel’s opinion was written by Judge Griffin and joined by Judge Batchelder and Judge Bloomekatz. In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio … Continue Reading
Squire Patton Boggs Summer Associate Taylor Lonas summarizes a recent opinion from the United States Court of Appeals for the Sixth Circuit holding that an insanity acquittee bears the burden of proof for showing, after violating the terms of his release, that his continued release would not “create a substantial risk” to the public. 18 … Continue Reading
Our colleagues at the Global Investigations & Compliance Review Blog have written about an important decision the Sixth Circuit issued last week. In its opinion, the Court limited the scope of Anti-Kickback claims under the False Claims Act. You can read more about the decision here. … Continue Reading
Co-authored by: Stephanie A. Darville & Shams H. Hirji About two weeks ago, the Sixth Circuit issued an important decision in United States v. White, No. 21-3209. Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush. The Court held that an Ohio aggravated-robbery statute, R.C. § 2911.01(A)(1), … Continue Reading
Who was the first Sixth Circuit judge to use the (cleaned up) parenthetical in a judicial opinion? What is the current status of (cleaned up) in the Sixth Circuit? Which judges use it regularly, which judges never use it, and which judges use it sparingly? This post attempts to provide some answers to these questions. … Continue Reading
Readers of this blog may be interested in an event that the Cincinnati/Northern Kentucky chapter of the Federal Bar Association is hosting on Tuesday, December 6th from 4:00 to 5:00 p.m. at the Taft Center in Cincinnati (425 Walnut St., 2nd floor of U.S. Bank building). The event will feature a panel consisting of Benjamin … Continue Reading
Readers of this Blog may recall that, earlier this year, we covered the Sixth Circuit’s decision declining to enjoin (pending appeal) a 2021 Health and Human Services Rule that does two notable things: (1) the Rule eliminates the prior Administration’s requirement “that grantees create strict physical and financial separation between their Title X programs and … Continue Reading
This past Friday afternoon, the Sixth Circuit dealt a blow to the Department of the Air Force’s efforts to overturn a District Court’s class-wide, preliminary injunction against the Department. Specifically, the Sixth Circuit denied the Department’s emergency motion to stay the District Court’s class-wide injunction. Judge Matthew W. McFarland, of the Southern District of Ohio, … Continue Reading
On Thursday, September 8, 2022, the U.S. Senate confirmed Tennessee lawyer Andre Mathis to a seat on the Sixth Circuit. That seat opened up on November 18, 2021, when Judge Bernice Donald announced she was taking senior status.… Continue Reading
Judge Thapar issued a short and sweet concurrence today that cautioned against overly relying on agency guidance that has not gone through notice and comment. The respondent in Huscoal, Inc. v. Director, __ F.4th __ (6th Cir. 2022), had filed a claim for survivor’s benefits under the Black Lung Benefits Act. She argued that her … Continue Reading
