Tag Archives: Justice Thomas

Justice Thomas, The Fourth Circuit, And Circuit Courts Acting Like Certiorari Courts

The issue of unpublished opinions has received extra attention this past week thanks to a dissent to a denial of certiorari by Justice Thomas.  His opinion criticizes the Fourth Circuit for using an unpublished opinion to allow itself to decide important cases without create binding law.  Though much of the media censure of the Fourth … Continue Reading

Another Habeas Reversal For The Sixth Circuit

The Supreme Court has reversed another habeas case from the Sixth Circuit, holding that mentally ill prisoners do not have a statutory right to stay their habeas petitions while incompetent.  See Tibbals v. Carter (No. 11-218).  Justice Thomas’ opinion, however, still allows district court to issue discretionary stays while a prisoner regains competence.  Though it … Continue Reading

Supreme Court News from Last Day of OT 2009

The Supreme Court granted cert today in Thompson v. North American Stainless, LP, a case that the Sixth Circuit decided en banc last June.  As this post on Workplace Prof Blog explains, the case presents the question whether Title VII creates a cause of action for an employer’s retaliation against a person closely associated with an employee who … Continue Reading