In Tyler v. Hillsdale Cnty. Sheriff’s Dep’t, a case sure to draw attention nationwide, the Sixth Circuit held today that “’a prohibition on the possession of firearms by a person “who has been committed to a mental institution,’ . . . violates the Second Amendment.” The court held that the the plaintiff, who “[t]wenty-eight years … Continue Reading
A Sixth Circuit panel unanimously held last week in Williams v. City of Cleveland that pretrial detainees forced to “undress in the presence of other detainees and to have their naked genitals sprayed with delousing solution” stated a viable claim under § 1983 and the Fourth Amendment. Judge Griffin wrote the opinion in which Judges Siler … Continue Reading
Major news coming out of the Sixth Circuit today. In a landmark (but divided) ruling, the Sixth Circuit has upheld same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). As we previously have covered, district courts in each of these four states had ruled … Continue Reading
We posted previously on some Sixth Circuit cases that will get attention from the Supreme Court this term. In addition to those, the Supreme Court granted cert last week in another case of interest from within the Circuit – the Ohio Supreme Court’s 4-3 decision in Ohio v. Clark, which held that a preschooler’s identification … Continue Reading
The Supreme Court granted certiorari in ten cases today, three of them from the Ninth Circuit and two from the Fifth. It also accepted review of the Sixth Circuit’s decision in Coleman v. Tollefson (13-1333), which held that the district court properly denied pauper under the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g), … Continue Reading
The Supreme Court has held in Am. Elec. Power Co., Inc. v. Connecticut that the CAA preempts tort claims under federal common law and in International Paper Co. v. Ouellette that the Clean Water Act does not preempt state common law claims under the law of the state that is the source of the alleged pollution. … Continue Reading
Wednesday, August 6, 2014 will be a high-profile day at the Sixth Circuit as the Court will hear arguments in five appeals in the battle over same-sex marriages. Below are the cases on the Court’s calendar: DeBoer, et al. v. Snyder, et al., Case No. 14-1341: An appeal from a March 21, 2014 order by … Continue Reading
With the onslaught of litigation resulting from Target’s data privacy breaches, including recently filed class actions within the Sixth Circuit in Ohio, Kentucky, and Tennessee federal district courts, there is an increased focus on the appropriateness of class certification in such cases. Can cardholders whose information was stolen but not used as of the date of the case filing … Continue Reading
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