Tag Archives: Due Process

En Banc Watch: Fight Over Substantive Due Process Sees Court Refuse to Rehear Flint Water Case

The Sixth Circuit denied Flint, Michigan’s petition for en banc review of a panel decision allowing citizens exposed to contaminated water to sue city and state officials. The order drew two concurrences, one dissent, and plenty of skepticism about the plaintiffs’ case—which is nevertheless allowed to proceed in the district court. The plaintiffs’ theory is … Continue Reading

The Rule Of Lenity And Chevron Deference

Courtesy of Judges Boggs and Sutton, the recent immigration appeal Esquivel-Quintana v. Lynch (No. 15-3101) provides an excellent view of a developing doctrine.  Courts grant Chevron deference to reasonable agency interpretations of ambiguous civil statutes, but do not defer to agency interpretations of criminal statutes.  But what about statutes that have both criminal and civil … Continue Reading

Sixth Circuit Revives “Juggalo” First Amendment Lawsuit

In 2011, the National Gang Intelligence Center—part of the FBI—included fans of the band “Insane Clown Posse,” also known as “Juggalos,” in its report on gang activity, describing Juggalos as a “hybrid gang” and claiming that “Juggalo subsets exhibit gang-like behavior and engage in criminal activity and violence.”  Six plaintiffs (four Juggalos and the two … Continue Reading

Hunter v. Hamilton County Board of Elections — The Sixth Circuit Brings Bush v. Gore To Ohio

In a decision that is being called the “most significant” application of Bush v. Gore in the past decade, the Sixth Circuit held that the Hamilton County Board of Elections violated the Equal Protection Clause of the Fourteen Amendment.  Judge Moore’s opinion held that the Board could not sufficiently justify its decision to count 27 early … Continue Reading

Sixth Circuit Further Defines Scope of Judicial Recusal Under Federal Law

The Sixth Circuit has further defined the scope of judicial recusal under federal law by weighing in on a judge’s close personal relationship with an attorney involved in a case. In United States v. Prince (6th Cir., Case No. 08-6547, Aug. 26, 2010) (PDF), the Sixth Circuit rejected a defendant’s claim that his due process … Continue Reading