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The Latest Breaking News from the Sixth Circuit

Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time

The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Right whales, premium cigars, and tax evasion.

Reason

Justice Thomas Is Not Happy with the Sixth Circuit (Again)

A dissent from the denial of certiorari in another Sixth Circuit Habeas case.

Reason

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What Process Is Due Before Property Is Destroyed?

The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.

Reason

Court Rejects Title VI Lawsuit Over Alleged Anti-Semitism at Haverford College

"As a result of Plaintiffs' scattered pleading, any serious allegations of actionable discrimination are buried as needles within a haystack of distraction."

Reason

Net neutrality is dead again: US court says the FCC can't bring back Obama-era internet regulations

The Supreme Court's decision to overturn Chevron deference in 2024 cut the FCC's legs out from under it.

PC Gamer

Sixth Circuit Rejects FCC's Open Internet Order as Inconsistent with Statutory Text

The unanimous panel has little difficulty concluding the FCC sought to exercise authority it did not have.

Reason

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Short Circuit: A Roundup of Recent Federal Appeals Court Decisions

Neighborly strolls, cannabis discrimination, and a thorough un-en-bancing.

Reason

Federal Courts Still Lack Authority to Issue Advisory Opinions

The U.S. Court of Appeals for the Sixth Circuit reminds us that there are limits to Article III.

Reason

An Interview with Judge James C. Ho

Q: Judge Amul Thapar of the Sixth Circuit recently criticized the law clerk hiring boycott that you and others launched… The post An Interview with Judge James C. Ho appeared first on Reason.com.

Reason

So holds the Second Circuit, in a new decision.

Reason

Sixth Circuit Allows Enforcement of Ohio Law Barring Foreign Expenditures on Ballot Initiatives

A divided circuit panel stays the district court's injunction against enforcing Ohio's law.

Reason

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

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

"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.

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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

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…

WEKU

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.

Reason

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.

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