We have recently reported on the Sixth Circuit’s recent record in circuit splits. Considering circuit splits raises an interesting question: If the circuit courts have not acknowledged a circuit split, how much attention should the Supreme Court pay to district courts’ perceptions when deciding whether to grant cert? The district court is presumably neutral on … Continue Reading
Circuit splits. They play an important role in shaping the Supreme Court’s agenda. There are a number of reasons why the Supreme Court focuses on Circuit splits, including because: (1) the Constitution favors uniformity, (2) the Supreme Court seeks to discourage forum shopping, and (3) the Supreme Court is motivated by the desire to ensure … Continue Reading
With the recent close of the Supreme Court’s term, it is appropriate to consider the Sixth Circuit’s track record at the Court this year. The Sixth Circuit has not fared well in recent years before the United States Supreme Court in terms of the rate at which the Supreme Court has reversed the Circuit. The … Continue Reading
In Metrish v. Lancaster, a unanimous Supreme Court reversed the Sixth Circuit’s decision that Michigan courts violated due process when they took away a defendant’s diminished-capacity defense before his second trial, after having allowed it in his first trial. The Supreme Court held that relief was unavailable under the Antiterrorism and Effective Death Penalty Act … Continue Reading
In Parker v. Matthews (No. 11-845), the Supreme Court reversed the Sixth Circuit’s grant of a habeas petition overturning two murder convictions in a death penalty case (recall that the Sixth Circuit just heard two death penalty cases en banc last week). The per curium opinion rejected the Sixth Circuit’s reliance on Kentucky’s use of … Continue Reading
Last week, Judge Posner, writing on behalf of the Seventh Circuit, disagreed with the Sixth Circuit when examining whether, in cases where a collective bargaining agreement does not provide for compensation for the time a worker spends putting on protective clothing to start his shift, the time spent walking from the locker room to the work … 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
Today is the big day at the U.S. Supreme Court. The Justices will begin hearing over 6 hours of oral arguments over the next three days on the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148, including the constitutionality of the mandate requiring individuals to purchase health insurance. We have been … Continue Reading
Earlier this fall, the Sixth Circuit Appellate Blog analyzed the frequency of amicus filings before the Sixth Circuit, as well as the types of amici who have filed briefs in the Court. In short, this blog found that the filing of amicus briefs is relatively rare in proportion to the Court’s docket, that the amici who … Continue Reading
As the first Monday in October is right around the corner, it is appropriate to take another look at how the Sixth Circuit has fared recently at the U.S. Supreme Court. A recent article in BNA provides an interesting starting point for that discussion. The article takes a novel view to considering how much the … Continue Reading
Yesterday we reported that the federal government decided not to seek en banc review of the Eleventh Circuit’s decision striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Today, the battle has moved to the U.S. Supreme Court in full gear. … Continue Reading
The challenge to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is making front page news today. That’s because the government has decided not to seek en banc review of the Eleventh Circuit’s decision striking down the individual mandate. … Continue Reading
Earlier this week, Thomas More Law Center and several other plaintiffs filed their petition for writ of certiorari in the U.S. Supreme Court, asking the High Court to reverse the Sixth Circuit’s June 29, 2011 divided panel decision upholding the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection … Continue Reading
Each year, at the close of the U.S. Supreme Court’s term, there are numerous presentations summarizing the past year in the Court’s decisions and trends. We are not aware of anything similar with respect to the Sixth Circuit, so we decided to host one ourselves. On September 8, we will host a free webinar (live … Continue Reading
We have previously reported about the Sixth Circuit’s recent “losing streak” at the U.S. Supreme Court as well as subsequent continued reversals by the Court. The broader issue of reversal rates by the U.S. Supreme Court was the subject of a recent article by the Los Angeles Times. While the article focused on the Ninth … Continue Reading
The Eighth Circuit in ABF Freight System, Inc. v. International Brotherhood of Teamsters, recently created a circuit split with the Sixth and Third Circuits on the question of jurisdiction under §301(a) of the Labor Management Relations Act. The question concerns whether the existence or violation of a labor contract is an element of the plaintiff’s … Continue Reading
The Supreme Court recently handed down its decision in Freeman v. United States, which reversed an unpublished decision by the Sixth Circuit regarding the Federal Sentencing Guidelines. The case involved a retroactive guideline change that addressed the disparity in penalties between crack cocaine and powder cocaine. Mr. Freeman sought to obtain a sentence reduction based … Continue Reading
In Talk America, Inc. v. Michigan Bell Telephone Co., the Supreme Court resolved a circuit split, holding that state utility commissions can require established telephone companies to provide smaller competitors access to their network at cost. It overturns a Sixth Circuit decision (which disagreed with decisions from the Seventh, Eighth, and Ninth Circuits) that allowed … Continue Reading
In United States v. Tinklenberg, 563 U. S. ___ (2011), the Supreme Court affirmed the Sixth Circuit’s dismissal of a criminal case under the Speedy Trial Act, which requires that trial begin within 70 days of indictment or arraignment. Justice Breyer’s opinion, however, rejected the Sixth Circuit’s reasoning. The Court held that any pretrial motion … Continue Reading
The Supreme Court will hear oral argument today in the case of Talk America, Inc. v. Michigan Bell Telephone Co. to address, in plain terms, “Whether state utility commissions may require major telephone companies (like AT&T and Verizon) to provide smaller competitors access to certain parts of their network facilities at cost instead of at market rates.” (See Definition … Continue Reading
We are continuing to follow 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. (Sixth Circuit, Case No. … Continue Reading
Comparing the court to a sports team, the Cincinnati Enquirer announced the “U.S. 6th Circuit Court of Appeals on 0-15 losing streak,” reporting that the Supreme Court has now reversed fifteen cases in a row from the Sixth Circuit. The article calls this a “poor showing,” but cannot find any pattern in the cases. In … Continue Reading
The Supreme Court has agreed to resolve a circuit split caused by the Sixth Circuit’s decision in Michigan Bell Telephone Co. v. Covad Comms. Co., No. 07-2469.pdf (consolidated with Isiogu v. Michigan Bell (10-329) for Supreme Court review). In Michigan Bell, the parties debated the meaning of some of the FCC’s regulations under the Telecommunications … Continue Reading
Last week, a divided Sixth Circuit panel in Dealer Computer Services, Inc. v. Dub Herring Ford, et al. (6th Cir., Case No. 09-1848, Oct. 14, 2010) (PDF) (“DCS II”), held that the three-prong ripeness inquiry previously set forth by the Sixth Circuit in a closely related earlier ruling in the same case, Dealer Computer Services, Inc. v. Dub Herring … Continue Reading
