Last Friday, the Sixth Circuit postponed oral argument in some of the pending cases in the appeal from the bankruptcy judge’s decision that Detroit was entitled to creditor protection under Chapter 9 of the U.S. Bankruptcy Code and could try to alter the terms of workers’ pensions. The postponement was apparently granted to allow various … Continue Reading
We have been following the average time from appeal to disposition for quite a few years now in response to the standard client question about how long an appeal will take. Back in 2011, we noted that the Sixth Circuit was averaging 15.5 months from the notice of appeal to the final disposition, and that … Continue Reading
In connection with the Supreme Court’s health care decision, many commentators doubted whether judges’ questioning at oral argument can be used to predict outcomes. Yet recent research has shown that the emotional content of a judge’s questions does predict voting patterns at the Supreme Court. We applied this research to the Sixth Circuit by looking … Continue Reading
Last month in Toledo, Ohio, I had the privilege of conducting an exclusive video interview with General William K. Suter, Clerk of Court of the Supreme Court of the United States. You can watch my video interview below. General Suter was at The Toledo Club on April 20 as part of a luncheon and swearing-in … Continue Reading
Oral argument is important: recent scholarship shows that a strong performance at oral argument can influence the result of an appeal. In a recent post, we reported that we observed oral argument at the Sixth Circuit and generally found the court to be a “hot” bench. The panels we watched asked the attorneys an average of … Continue Reading
Last August, we discussed recent procedural changes surrounding oral argument in the Sixth Circuit. In an effort to shed more light on the topic of oral argument in the Sixth Circuit in general, we recently observed three days of oral argument. We attended 18 oral arguments presented before various panels that, taken together, were composed … Continue Reading
As we previously reported, we are presently exploring the issue of case management in the Sixth Circuit and considering various facets of how the Sixth Circuit internally handles its cases. One issue that attracts significant attention is the Circuit’s practice with respect to oral argument. As we discussed in our interview with Sixth Circuit Clerk … Continue Reading
As we previously reported and analyzed, Acting Solicitor General Neal Katyal was in Cincinnati, Ohio last week before the Sixth Circuit to argue the government’s position in the appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. … Continue Reading
Outside on the downtown streets of Cincinnati yesterday, the city was alive with political and legal debates, including a spirited protest by members of the Cincinnati tea party. That’s because inside Cincinnati’s federal courthouse, in a standing room only courtroom, the Sixth Circuit heard oral argument in the high-profile appeal involving a constitutional challenge to the … Continue Reading
As you know, for months now we have been following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et … Continue Reading
If you are a regular follower of our blog, you know that we have been closely tracking the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More … Continue Reading
For the last several months, we have been following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. … Continue Reading
