The Third Circuit yesterday affirmed a New Jersey district court’s dismissal of a lawsuit brought by a group of New Jersey doctors challenging the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, New Jersey Physicians, Inc. et al. … Continue Reading
Last week, the Sixth Circuit heard oral arguments 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 Discount Tobacco City & Lottery v. United States (6th Cir., Case Nos. 10-5234 & … Continue Reading
Earlier 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
In our BREAKING NEWS item on Wednesday, we were one of the first legal blogs to report on and analyze the Sixth Circuit’s high profile opinion in Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. 10-2388), in which a divided panel upheld the constitutionality of the mandate requiring individuals to purchase … Continue Reading
If you have been following my blog posts for the last half year, you know I have been predicting that the Sixth Circuit was poised to become the first appellate court in the country to rule on the constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection … Continue Reading
As we previously reported and analyzed, Acting Solicitor General Neal Katyal was in Cincinnati, Ohio last week before the Sixth Circuit to argue the government’s position in the appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. … Continue Reading
In my appellate practice, I have witnessed befuddlement over the Rooker-Feldman doctrine, which is based on two Supreme Court cases decided sixty years apart: Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983). The Rooker-Feldman doctrine expresses the unremarkable principle that Congress … Continue Reading
Back in March, when we reported on the Sixth Circuit’s decision in Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF), we noted that Lewis was “one of those rare candidates for rehearing en banc.” Our predictive powers proved accurate yesterday when the Sixth Circuit voted for a rehearing en banc in the Lewis … Continue Reading
Outside on the downtown streets of Cincinnati yesterday, the city was alive with political and legal debates, including a spirited protest by members of the Cincinnati tea party. That’s because inside Cincinnati’s federal courthouse, in a standing room only courtroom, the Sixth Circuit heard oral argument in the high-profile appeal involving a constitutional challenge to the … Continue Reading
Tomorrow is the big day in the Sixth Circuit. The Court will hear oral argument in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et … Continue Reading
One week from today, the Sixth Circuit will hear oral arguments in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case … Continue Reading
The Sixth Circuit yesterday provided additional guidance in this Circuit for interpreting collective bargaining agreements and preemption questions under the Labor Management Relations Act (LMRA). The three-judge panel in CNH America LLC v. International Union, et al. (6th Cir., Case No. 09-2001) (PDF), held that a Voluntary Employees’ Beneficiary Association (VEBA) trust fund agreement, which was part … Continue Reading
As you know, for months now we have been following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et … Continue Reading
As we reported two weeks ago, the Fourth Circuit is hearing oral arguments today in the appeal from Virginia District Court Judge Henry Hudson’s December 13, 2010 decision declaring unconstitutional the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Commonwealth of Virginia, … Continue Reading
Tomorrow, April 29, is Arbor Day, a holiday on which we are encouraged to plant and care for trees. That makes the Sixth Circuit’s recent decision involving an old tree in suburban Columbus, Ohio all the more timely. What follows is the tale of this special tree, along with the Sixth Circuit’s decision which has … Continue Reading
The 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
If you are a regular follower of our blog, you know that we have been closely tracking the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More … Continue Reading
The Sixth Circuit yesterday declined to adopt the rule followed in a supermajority of Circuits for bringing a discrimination claim under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. See Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF). In at least ten other Circuits, a plaintiff … Continue Reading
The Sixth Circuit recently rebuffed a request by adult business operators in Memphis, Tennessee to apply an unconstitutional city statute in order to escape a newly enacted, more onerous county ordinance. In 1996, adult business operators had brought suit against the City of Memphis facially challenging the constitutionality of an ordinance requiring registration of adult businesses. See East Brooks Books, Inc. v. … Continue Reading
On Wednesday, the Senate Judiciary Committee is scheduled to hold a hearing to consider the nomination of Judge Bernice Bouie Donald to replace retiring Judge Ronald Lee Gilman on the Sixth Circuit. President Obama originally nominated Judge Donald on December 1, 2010, but the Senate Judiciary Committee was unable to conduct a hearing on Judge … Continue Reading
We are continuing to follow the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. … Continue Reading
For the last several months, we have been following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. … Continue Reading
For the last two months, we have been following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. … Continue Reading
As we have been reporting on this blog, the Sixth Circuit is preparing to address the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. 10-2388). … Continue Reading
