Reviewing Judge Amul Thapar and Other Sixth Circuit Judges on Supreme Court...
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...
View ArticleSupreme Court Rejects Sixth and Eleventh Circuit’s “Discretionary Function”...
In Thacker v. Tennessee Valley Authority, the Supreme Court held that sovereign immunity does not necessarily shield TVA’s “discretionary functions” from liability. Justice Kagan’s unanimous opinion...
View ArticleInitial En Banc Petitions, Procedural Possibilities, and the OSHA Vaccine...
It’s been only three days since the Sixth Circuit won the JPML lottery to consolidate and adjudicate every appeal nationwide challenging OSHA’s vaccine mandate. Yet there have already been interesting...
View ArticleAmicus Briefs, OSHA, and the Sixth Circuit
Over the next week, we expect a flood of amicus briefs opposing and supporting OSHA’s Emergency Temporary Standard. There are already ten such briefs on the main docket, with many more listed amici...
View ArticleThe OSHA Mandate — Supreme Court Oral Argument Preview
Tomorrow morning (Friday, January 7), the Supreme Court hears oral argument in the OSHA (10 a.m. EST) and CMS (11 a.m. EST) mandate cases. (You can listen to the arguments live here.) For the OSHA...
View ArticleThe High Court stays the OSHA mandate but upholds the CMS mandate
The decision we’ve all been waiting for finally arrived today. In two separate opinions, the Supreme Court, as appeared likely from oral argument, stayed the OSHA mandate but declined to stay the CMS...
View ArticleThe OSHA Mandate Decision and the Sixth Circuit
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...
View ArticleA Closer Look at the Sixth Circuit’s Decision on the Contractor Mandate
With OSHA’s decision to withdraw its ETS in the face of a hostile Supreme Court, and the Court’s 5-4 decision to uphold the CMS mandate, it’s worth taking a closer look at the Sixth Circuit’s decision...
View ArticleSixth Circuit Opinion Reversed in Marietta Memorial Hospital Employee Health...
The Supreme Court on Tuesday issued an opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., which reversed the Sixth Circuit’s October 2020 decision finding that DaVita...
View ArticleSixth Circuit Judges Still Write Lots Of Dissenting and Concurring Opinions,...
The Sixth Circuit has a longstanding reputation for having lots of dissents and concurrences. We analyzed the last three years of opinions and found that the Sixth and D.C. Circuit have about twice...
View ArticleJustice Sotomayor References Rarely Used Procedure: Circuit Certification to...
Four years ago, the Supreme Court declined a federal habeas petitioner’s request to review the Sixth Circuit’s decision in Avery v. United States, 770 F. App’x 741. Justice Kavanaugh, the Sixth...
View ArticleWhile We Are Waiting On Chevron
The Supreme Court issued three opinions today, including an important decision on whether omissions in SEC filings are actionable, and a decision that the Takings Clause does not distinguish between...
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The Ohio Supreme Court Updates its Writing Manual
Last week, the Ohio Supreme Court published a new and improved writing manual. The Third Edition is “a comprehensive guide . . . designed to improve the readability of opinions issued by, and briefs...
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