Trane Robinson

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The limits of Loper Bright and the long decline of Chevron

Given the continuing discussion about the Supreme Court’s decision to overrule Chevron in Loper Bright Enterprises v. Raimondo, we thought that a review of the decision (and its limits) is in order.  The Loper Bright decision The 6-3 decision written by Chief Justice Roberts launched a full-throated attack on deference to administrative agencies:  “Chevron gravely … Continue Reading

Supreme Court GVRs Two Sixth Circuit Cases And Other Highlights from the Order List

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

En Banc Court Hears First Amendment Challenge to Campaign Finance Restriction

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

Sixth Circuit Grants P.G. Sittenfeld Release from Prison Pending Appeal

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

The Ohio Supreme Court Updates its Writing Manual

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

Justice Sotomayor References Rarely Used Procedure: Circuit Certification to U.S. Supreme Court

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