Perhaps no Circuit has featured as robust and sustained a debate about administrative deference as the “Learned Sixth.” This month Judge Raymond Kethledge added his voice to that conversation—though not in a judicial opinion. Instead, Professor Kethledge donned his University of Michigan hat (helmet?) and delivered the 15th Annual Hayek Lecture at the NYU Classical Liberal Institute. Past … Continue Reading
The Sixth Circuit Court of Appeals features as many as three “short-listers” to replace the retiring Justice Anthony Kennedy on the US Supreme Court: Judges Raymond Kethledge and Joan Larsen of Michigan, and Judge Amul Thapar of Kentucky. All three reportedly interviewed with President Trump last week, and all three are young and prominent enough … Continue Reading
It’s the appellate lawyer’s eternal challenge: How many issues to raise on appeal? Several years ago, Judge Kethledge offered a not-so-gentle reminder to lawyers in the Sixth Circuit about the importance of limiting issues on appeal when he opened an opinion with the following sentence: “When a party comes to us with nine grounds for … Continue Reading
