A Tennessee law prevents changing one’s designation of sex on his or her birth certificate, even if that person has changed gender identity on other official documents as in life. In Gore v. Lee, the Sixth Circuit affirmed this
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The limits of Loper Bright and the long decline of Chevron
Given the continuing discussion about the Supreme Court’s decision to overrule Chevron in Loper Bright Enterprises v. Raimondo, we thought that a review of the decision (and its limits) is in order.
The Loper Bright decision
The 6-3 decision
Supreme Court GVRs Two Sixth Circuit Cases And Other Highlights from the Order List
The Supreme Court’s recent spate of high-profile decisions gives Court watchers much to process. At this blog, we hope to explore many of those decisions as summer progresses. In the meantime, we note a couple details from the Court’s Order
En Banc Court Hears First Amendment Challenge to Campaign Finance Restriction
Congratulations are in order to the forty-something law clerks that swore in to the Sixth Circuit bar Wednesday. That was a prelude to the court’s en banc argument on campaign finance restrictions in National Republican Senatorial Committee v. FEC. The
Sixth Circuit Grants P.G. Sittenfeld Release from Prison Pending Appeal
Today, the Sixth Circuit took the relatively rare step of granting a criminal defendant’s release from prison before deciding the merits of his case. That followed last week’s oral argument in the high-profile criminal appeal of Alexander “P.G.” Sittenfeld, the
Bettors Beware: Read Sixth Circuit Before Wagering on the Kentucky Derby
Tomorrow marks the first Saturday in May, so the sporting world will turn its attention to Louisville, Kentucky for the 150th running of the Kentucky Derby at Churchill Downs. Perhaps $200 million will be wagered on “the fastest two minutes
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 filed in,” Ohio’s courts. The unquestionable headline is
While 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 legislative and administrative land-use permit conditions (and that relies
Justice Sotomayor References Rarely Used Procedure: Circuit Certification to U.S. Supreme Court
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 Circuit’s assigned circuit justice, attached a “statement”
Pump Your Brakes: Sixth Circuit Warns District Courts to Make “Rigorous” Rule 23 Analysis
The Sixth Circuit yesterday in a per curiam opinion (paneled by Judges Boggs, Thapar, and Readler) accepted interlocutory appeal of and vacated a class certification order from the Eastern District of Michigan. The case is In re: Ford Motor Company,