Tag Archives: Judge Sutton

ETS Developments in the Supreme Court — and more on the Sixth Circuit’s decision dissolving the stay

Before we dive in the panel’s opinions on the stay motion, we should mention that in the Supreme Court proceedings Justice Kavanaugh gave OSHA until December 30 to respond to the various emergency motions to stay enforcement of OSHA’s ETS mandate.  That is the same day that the Supreme Court gave the challengers in the … Continue Reading

Circuits and Judges Weigh In On Proposed Reduction In Appellate Brief Word Count Limit

We’ve posted previously about the proposal to reduce the word limit for federal appellate briefs from 14,000 to 12,500 words, explaining that the reduced limit would probably not be a problem in most cases, but might pose a formidable obstacle to more complex or record-intensive appeals.  Now, data from the Eighth Circuit indicates that, even … Continue Reading

Separate Opinions of Sixth Circuit Judges Influence Other Circuits

Not only are Sixth Circuit opinions discussed by other circuits, Sixth Circuit concurrences and dissents—which we previously found to occur in the Sixth Circuit at twice the average rate—are too. Over a recent approximately 18-month period (May 2013 to Sept 2014) separate writings from Sixth Circuit decisions have been cited 47 times by federal courts … Continue Reading

Judge Sutton Explains Why En Banc Review Is So Rare

Judge Sutton voted to deny a petition for rehearing en banc in Mitts v Bagley (pdf) even though he disagreed with the panel’s decision that a jury instruction was unconstitutional.  His concurrence, which was joined by Judge Kethledge, states both his disagreement on the merits and his reasons why the case should not be reheard … Continue Reading