The Supreme Court’s recent per curiam opinion on OSHA’s vaccine-or-test mandate for businesses takes a practical approach to agency power, though the dissent would rather the Court have taken a more practical approach to the pandemic. The majority opinion holds that while OSHA has power to regulate dangers in the workplace, it cannot use the … Continue Reading
In this post, we take a look at the options facing the U.S. Supreme Court as it considers the challengers’ various emergency applications for a stay, several of which were filed just hours after the Sixth Circuit dissolved the Fifth Circuit’s stay of the ETS this past Friday evening (December 17). At this point, it … Continue Reading
Courtesy of Judges Boggs and Sutton, the recent immigration appeal Esquivel-Quintana v. Lynch (No. 15-3101) provides an excellent view of a developing doctrine. Courts grant Chevron deference to reasonable agency interpretations of ambiguous civil statutes, but do not defer to agency interpretations of criminal statutes. But what about statutes that have both criminal and civil … Continue Reading
The Sixth Circuit is in the national media spotlight this afternoon. The U.S. Supreme Court has just agreed to review the Sixth Circuit’s landmark (but divided) ruling from November 6 that upheld same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). The stage is … Continue Reading
The Sixth Circuit has been in the national media spotlight following last Thursday’s high-profile decision upholding same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. See Opinion (6th Cir. Case Nos. 14-1341; 3057; 3464; 5291; 5297; 5818). We covered the Sixth Circuit’s decision here only hours after it was decided. The Court’s decision is the first … 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
During the last five days, a media spotlight has been cast on the Sixth Circuit as legal pundits and observers try to dissect last Wednesday’s oral arguments in the same-sex marriage appeals before the Court. The three-judge panel which heard the appeals included Judges Martha Craig Daughtrey of Tennessee, Jeffrey Sutton of Columbus, and Deborah … Continue Reading
As we reported two weeks ago, the Sixth Circuit is gearing up to hear no less than five appeals tomorrow in the battle over same-sex marriage. The Court is expecting such a large crowd that it has issued a notice to the public and the media concerning the oral arguments and has designated two overflow … Continue Reading
Did you know that the Sixth Circuit’s website features a series of video clips produced by the Federal Public Defender’s Office for the Southern District of Ohio that offer training advice for practice under the Criminal Justice Act (“CJA”), 28 U.S.C. § 3006A? The video clips do not have Hollywood style production values (we are … Continue Reading
Judge Sutton spoke at NYU Law School last Thursday on the difficulty of applying old laws to new technology. He discussed the challenges judges face from rapidly evolving technology, arguing that conventional sources of authority, like history and precedent, are insufficient to “answer many of the novel questions posed at the forefront of technological … Continue Reading
It seems that everyone is a constitutional scholar today following the U.S. Supreme Court’s decision earlier this morning upholding the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, National Federation of Independent Business v. Sebelius (Sup. Ct. Case No. 11-393) (PDF). The Court’s landmark ruling is notable not only … Continue Reading
We are closing in on the one-year anniversary of the Sixth Circuit’s June 29, 2011 decision rejecting a constitutional challenge to the mandate requiring individuals to purchase health insurance under the Patient Protection and Affordable Care Act, Public Law 111-148. The Sixth Circuit was the first Circuit Court in the country to rule on the … Continue Reading
Earlier today in its en banc decision in Lewis v. Humboldt Acquisition Corp., No. 09-6381 (PDF), the Sixth Circuit unanimously overruled the standard set forth in its 16 year-old decision in Monette v. Electronic Data Systems Corp., 990 F.3d 1173 (6th Cir. 1996), which required a plaintiff bringing a discrimination claim under the Americans with … Continue Reading
An hour ago, the U.S. Supreme Court granted certiorari in three separate cases on appeal from the Eleventh Circuit on 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. See November 14, 2011 Order List (PDF), Department of Health and Human Services, … Continue Reading
Below is the first in a new series of video blogs that we will be featuring on our appellate blog. The video blogs will give you an opportunity to meet the contributors behind the blog as they discuss topics of interest to you. We also plan to feature various guest interviews in the near future, … 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
