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
Recently a Sixth Circuit panel unanimously agreed in a published opinion that the 2019 Supreme Court decision, PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., does not impact the resolution of a circuit case reviving an unsolicited advertisement claim under the Telephone Consumer Protection Act (“TCPA”). The Sixth Circuit Case Matthew N. Fulton, D.D.S., … Continue Reading
The effects of the coronavirus pandemic continue to play out in unexpected ways, as this blog has covered on several occasions. Now the Sixth Circuit has ruled on loan guarantees under the Paycheck Protection Program for sexually-oriented businesses. Can the Small Business Administration, consistent with long-standing agency policy, prohibit sexually-oriented small businesses from eligibility for … Continue Reading
Just two days after a federal district court’s preliminary injunction allowed use of e-signatures to satisfy some Ohio election requirements, the Ohio Attorney General has taken the unusual step of asking the en banc Sixth Circuit to overturn or stay the injunction. And the Sixth Circuit responded with equal if not greater alacrity, calling within … Continue Reading
The full Sixth Circuit has voted to rehear the Detroit right-to-education case. This vacates the panel decision holding that access to literacy was a fundamental constitutional guarantee. The court’s order comes only 6 days after Michigan Gov. Gretchen Whitmer announced a settlement with the student plaintiffs and sought dismissal of the suit on mootness grounds. … Continue Reading
Last night the State of Michigan and students from Detroit public schools reached a settlement agreement in a case concerning whether those students had a constitutional right of “access to literacy.” News reports indicate the settlement includes a legislative request by Gov. Whitmer for $94.5 million in literacy funding for Detroit schools, $280,000 for seven … Continue Reading
It’s a question we know has been keeping you up at night, as you reach deep into your quarantine discography: who is (or are) the true author(s) of the Everly Brothers hit, Cathy’s Clown? Sadly, those looking for finality will have to wait. On Monday, a Sixth Circuit panel held that question must be resolved … Continue Reading
This morning—in connection with the Supreme Court’s inaugural teleconference arguments—the Court announced it would review the Sixth Circuit’s decision in CIC Services v. IRS. That case covers the applicability of the Anti-Injunction Act to a challenge to IRS guidance. Certiorari is not altogether surprising, given the sharply contrasting views (and vivid language) the case elicited … Continue Reading
Perhaps the most notable Sixth Circuit opinion of April—and almost certainly the most quotable—was Judge Kethledge’s opinion granting mandamus and reversing leave to amend in the opioid MDL. For a unanimous panel (Siler & Griffin, JJ.), the opinion followed the Circuit’s stay of Judge Polster’s discovery order back in February. That order would’ve required pharmacies … Continue Reading
Those seeking a return to normalcy will be heartened to hear that the Sixth Circuit Judicial Conference, canceled due to the pandemic, has been rescheduled. Those seeking a cautious reopening will be heartened to hear that the Conference will be held in June…June 2021. From Chief Judge Cole: The Sixth Circuit Judicial Conference has been … Continue Reading
