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The Latest Breaking News from the Sixth Circuit

Was the Federal Government's Defense of Race-Based Debt Relief for Farmers and Ranchers "Substantially Justified"?

An interesting question divides a panel of the U.S. Court of Appeals for the Sixth Circuit.

Reason

Ohio Criminal Harassment Statute Unconstitutional as to Certain Emails Sent to Government Official

So Magistrate Judge Stephanie Bowman concludes (correctly, I think) in her Report and Recommendation in today's Hicks v. Faris (S.D. Ohio): Plaintiff Christopher R. Hicks is a self-described political watchdog and member of the Central and Executive Committee of the Clermont County Republican Party. This case concerns email communications sent…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A tardy oath, old-timey drunkards, and telling it man to [redacted] man.

Reason

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"Let's Go Brandon" T-Shirts Can Be Barred from Middle School on Grounds of Vulgarity

Before we get to Brandon, let's detour to Bethel School Dist. No. 403 v. Fraser (1986). Matthew Fraser gave this nomination speech for a friend who was running for high school vice-president: I know a man who is firm—he's firm in his pants, he's firm in his shirt, his character…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Venue roulette, a sham affidavit, and uninspected bloomin’ onions.

Reason

Supreme Court to Consider State Ban on Gender Dysphoria Treatments for Minors

The Court's grant of certiorari is limited to only one of the issues in this litigation.

Reason

District Court Unseals Sentencing Memorandum in Case Involving Detroit's "Topless Prophet"

From Judge Linda Parker's opinion Thursday in U.S. v. Markovitz (E.D. Mich.); the defendant is the author of Topless Prophet: The True Story of America's Most Successful Gentleman's Club Entrepreneur, though the criminal case appears unrelated to the book: Charles Blackwell initiated this miscellaneous action to unseal the sentencing memoranda…

Reason

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Judge Gibbons's Replacement By Her Former Clerk Would "Flip" The Sixth Circuit

Gibbons declined to take senior status during the Trump years, but will now be replaced by her former law clerk.

Reason

Ambiguous Vacatur in Lindke v. Freed

As Eugene has noted below, the Court issued its opinions today in two cases about the First Amendment status of the social media posts of government officials. One technical but interesting note is the way that the Court ends its opinion in Lindke: To the extent that this test differs…

Reason

Did Justice Jackson Disclose the Outcome in Relentless and Loper-Bright? (UPDATED)

Did we get a hint to the outcome in one of this term's bigger cases at today's oral argument?

Reason

Do Religious Schools Have a Right to Exemption from State's Pronoun Policies?

From Friday's opinion by Judge Daniel D. Domenico (D. Colo.) in Darren Patterson Christian Academy v. Roy (for more on a different facet of the case and on the possible relevance, or not, of government funding, see this post): "[T]he First Amendment protects an individual's right to speak his mind…

Reason

U.S. Sixth Circuit decision on gender-affirming care law may not be final word

The American Civil Liberties Union of Kentucky isn’t giving up on the fight against a state law that prohibits gender-affirming medical care for minors. The group lost a battle last week when the Sixth Circuit Court of Appeals rejected attempts to block Senate Bill 150 from taking effect.

WEKU

Sixth Circuit Reverses Preliminary Injunctions Against TN & KY Laws Restricting Gender Dysphoria Treatments for Minors (Updated)

After a divided ruling, laws limiting such treatments in Tennessee and Kentucky will go into force.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Zombie jokes, perplexing paths, and a handsy officer.

Reason

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Reason

Sixth Circuit Affirms (2-1) Dismissal of Nicholas Sandmann's Libel Lawsuit Against the N.Y. Times and Others

Some excerpts from Sandmann v. N.Y. Times Co., decided yesterday by the Sixth Circuit, in an opinion by Judge Jane Stranch, joined by Judge Stephanie Davis (for more details, read the full opinions): On January 18, 2019, then-sixteen-year-old Nicholas Sandmann and his classmates had an interaction with a Native American…

Reason

District Court Strikes Down Race Preference in USDA's and SBA's Contracting Schemes

From Judge Clifton Corker's opinion today in Ultima Servs. Corp. v. U.S. Dep't of Agric. (E.D. Tenn.) [UPDATE: link fixed]: This case concerns whether, under the Fifth Amendment's guarantee of equal protection, Defendants the United States' Department of Agriculture ("USDA") and the Small Business Administration ("SBA") may use a "rebuttable…

The Independent UK

Tennessee can enforce ban on transgender care for minors, appeals court rules

A federal appeals court has temporarily reversed a lower court's ruling that had prohibited Tennessee from enacting a ban on gender-affirming care for transgender youth

The Independent UK

Tennessee can enforce ban on transgender care for minors, court says

A federal appeals court has temporarily reversed a lower court's ruling that had prohibited Tennessee from enacting a ban on gender-affirming care for transgender youth

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Reason

Qualified Immunity Meets the Takings Clause

A Sixth Circuit decision holds qualified immunity protects a state elevator inspector from being sued for taking a hotel's property.

Reason

Summary Reversal of Sixth Circuit in Calcutt v. FDIC Reaffirms the Importance of Chenery I

A welcome reminder that reviewing courts must judge the propriety of agency actions solely by the grounds invoked by the agency.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Amazon's algorithm, involuntary commitment, and anti-malaria medicine.

Reason

6th Cir. Reverses Conviction for Attempted Kidnapping

Prof. Jonathan Witmer-Rich (Cleveland State) posted this to a discussion list that I'm on, and graciously allowed me to forward it; it's about today's U.S. v. Ferguson (6th Cir.): Great case from the Sixth Circuit today on attempt, reversing a conviction for attempted kidnapping. The majority (2-1) holds that there…

Reason

Court Rejects Defendant's Request to Seal 9-Year-Old Libel Case

"By maintaining access to these records, the Court promotes the public's interest 'in ascertaining what evidence and records the District Court ... relied upon in reaching [its] decision,' and the Court provides 'the public with a more complete understanding of the judicial system, including a better perception of its fairness.'"

Reason

Sixth Circuit Refuses to Vacate Opinion on Air Force Covid Vaccine Requirement

A panel upheld a preliminary objection barring the Air force from requiring religious objectors to get Covid-19 vaccines, and a majority of the court's judges refused to vacate that decision as moot.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Herring monitors, state-created dangers, and kicking out the jams.

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