In a previous post, we discussed corpus linguistics, an emerging tool in statutory and constitutional interpretation. It appears that the corpus linguistics bug is spreading, both in this Circuit and to other circuits as well. Two recent cases serve as a reminder that the Sixth Circuit is both a thought leader in analyzing and utilizing … Continue Reading
Corpus linguistics has been in the news lately, which gives us a chance to discuss this interesting tool of statutory interpretation and, in the process, revisit some Sixth Circuit views about it. What is corpus linguistics? We will let Circuit Judge Amul Thapar explain: [Corpus linguistics] draws on the common knowledge of the lay person … Continue Reading
The Sixth Circuit issued a very interesting decision three days ago in Arizona v. Biden (22-3272). The origins of the dispute go back to last fall when the Secretary of Homeland Security issued “Guidelines for the Enforcement of Civil Immigration Law.” The Guidance notes the Department lacks the resources to apprehend and remove the roughly … Continue Reading
Nearly two years ago, a panel of the Sixth Circuit declined to let the Kentucky Attorney General intervene in a Sixth Circuit case to defend a Kentucky law. About a week ago, the Supreme Court reversed and remanded. This post considers likely next steps. The case began as a constitutional challenge to House Bill 454, … Continue Reading
A Fair Labor Standards Act case is working its way through the Sixth Circuit and could have serious ramifications for FLSA plaintiffs in the Sixth Circuit. In this post, we discuss the potential sea change that a decision in In re: A&L Home Care and Training Center, et al. could effect in the Sixth Circuit’s … Continue Reading
On February 8, the Sixth Circuit issued an unsigned order declining to enjoin (pending appeal) an HHS rule that does at least 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 any abortion services they may provide” and (2) … Continue Reading
Last week, a panel of the Sixth Circuit unanimously greenlighted an award of attorney fees for multiple qui tam relators who had entered into a settlement agreement with the government and defendants under the False Claims Act. Judge Moore authored the Court’s opinion. She was joined by Judge Clay and Judge Gibbons. The seven relators … Continue Reading
The saga of the OSHA ETS litigation has (nearly) come to an end. Yesterday, the DOJ filed a motion in the Sixth Circuit to dismiss as moot all of the consolidated petitions challenging OSHA’s vaccine-or-test mandate. The DOJ informed the Sixth Circuit that, “[a]fter evaluating the [Supreme] Court’s decision, OSHA decided to withdraw the Vaccination … Continue Reading
Today, the Sixth Circuit will consider another governmental mandate–this one, a tax mandate–as it hears argument (by video) in a case that pits Ohio once more against the federal government. The case is Ohio v. Yellen, No. 21-3787. The panel consists of Judges Griffin, Donald, and Bush. Argument is expected to start around 9:30. You … Continue Reading
As readers of this Blog know, the OSHA vaccine-or-test mandate has occupied much of the Sixth Circuit’s time the past few weeks. That mandate is now before the Supreme Court, which hears oral argument on the OSHA and CMS mandates tomorrow. In the meantime, a third pandemic-era mandate—the federal contractor mandate—made its own splash in … Continue Reading
An important development occurred yesterday evening in both the OSHA and CMS vaccine mandate cases pending before the Supreme Court. The Court took the very rare step of scheduling a special hearing for both sets of cases. The hearing will be held on Friday, January 7, 2022. In the OSHA mandate cases, the Court consolidated … Continue Reading
Important vacancy news was announced out of the Sixth Circuit today. Judge R. Guy Cole and Judge Helene White both announced their intent to take senior status. That makes three Sixth Circuit judges so far (including Judge Bernice Donald) who have announced their intent to take senior status during the current presidential administration. Both Judge … Continue Reading
On Friday evening, the Sixth Circuit issued a ruling on several pending motions in the OSHA ETS litigation. Most notably, the court denied OSHA’s motion to shorten the stay briefing and to set an expedited schedule for merits briefing—which appeared to be an attempt by the agency to obtain rulings before its emergency standards were … Continue Reading
Almost a year ago, the Sixth Circuit reheard en banc Preterm-Cleveland v. Himes, which involves a constitutional challenge to an Ohio law that bans abortion where the reason for the abortion is that the fetus has or may have Down syndrome. After the en banc oral argument, the Supreme Court decided June Medical Services LLC … Continue Reading
This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as an associate in 2021. Like most states, Kentucky is experiencing a surge in COVID-19 cases. Governor Andy Beshear has responded by implementing a number of public health measures aimed … Continue Reading
This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as an associate in 2021. Last week, in Memphis A. Philip Randolph Institute v. Hargett, the Sixth Circuit considered the application of the factors for a stay pending appeal of … Continue Reading
Ohioans have four ways to cast a ballot in this (currently underway) Presidential election: (1) vote in person on election day, (2) vote in person at some point in the four weeks leading up to election day, (3) mail in an absentee ballot; or (4) drop off an absentee ballot at a drop box. Given … Continue Reading
The bar exam, so the saying goes, is like fording a river that is a mile wide but only an inch deep. Cliché though it may be, the analogy serves as a useful reminder that the exam tests candidates largely on settled, black-letter law rather than novel questions typical of law school exams. Most readers, … Continue Reading
This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. The Kentucky Derby is known as the fastest two minutes in sports. But—in federal court at least—the 2019 contest galloped on until last week. Last Friday (8 days … Continue Reading
In another of the many strands of the Flint water cases, a Sixth Circuit panel (Moore, White, JJ., Sutton, J. concurring) on August 5 reaffirmed its May 2020 decision in Waid vs. Snynder that plaintiffs plausibly alleged the City of Flint and City and State officials (including former Governor Rick Snyder) violated plaintiffs’ substantive due … Continue Reading
This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. The American humorist and writer Mark Twain once counseled: “Never let schooling interfere with your … Continue Reading
This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. An old clerk’s tale refers to the arrival of Florence Allen (1884-1996) to her … Continue Reading
Note — This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. The Sixth Circuit declined last Thursday to relax standing requirements for cases … Continue Reading
Note — This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. Election and pandemic—2020’s strange bedfellows—continue to keep judicial chambers busy. Another virus-adjacent … Continue Reading