ABA Journal

6th Circuit Court

417 ABA Journal 6th Circuit Court articles.

6th Circuit bans enforcement of Biden’s vaccine mandate for federal contractors against plaintiff states

A federal appeals court has ruled that President Joe Biden exceeded his statutory power when he required federal contractors to ensure that their employees are vaccinated for COVID-19, and that they wear face masks in areas of high transmission.

Federal appeals court strikes down ATF rule banning rapid-fire bump stocks

Updated: The en banc 5th U.S. Circuit Court of Appeals at New Orleans has struck down a Trump administration ban on bump stocks, which are used to accelerate gunfire on semi-automatic weapons.

Supreme Court should consider right to earn a living, 5th Circuit judge says in COVID-19 shutdown case

A conservative federal appeals judge suggested in a concurrence this week that the U.S. Supreme Court should consider whether the right to earn a living is a fundamental, unenumerated constitutional right.

Justice Jackson writes her first Supreme Court opinion, says justices should have heard death-penalty case

U.S. Supreme Court Justice Ketanji Brown Jackson wrote her first Supreme Court opinion Monday—a dissent from the high court’s refusal to hear a death-penalty case.

6th Circuit blocks ethics probe of judicial candidates who touted GOP links, anti-abortion endorsements

A federal appeals court has blocked the Kentucky Judicial Conduct Commission from investigating two judicial candidates accused by citizens of touting their Republican background and their endorsements from anti-abortion groups.

2 Trump appointees battle as 9th Circuit upholds chalking tires; dissent accused of analysis by ‘hyperbole’

Two judges appointed by former President Donald Trump sparred Wednesday on whether a city violates the Fourth Amendment by chalking tires without a warrant to enforce parking time limits.

Ex-lawyer who argued football head injuries made him unable to form fraud intent loses in 6th Circuit

A federal appeals court has affirmed the conviction of a disbarred lawyer who argued that football head injuries made him unable to form an intent to defraud his bank.

6th Circuit rules against county that seized homes for unpaid taxes, didn’t refund the surplus value

A county in Michigan violated the takings clause when it seized title to homes to satisfy tax debts without giving the owners compensation for their homes’ value above the amount owed, a federal appeals court has ruled.

Claiming to have 4.3 trillion readers, the Onion supports parodist and its writers’ paychecks in SCOTUS brief

Updated: The satirical website the Onion deems itself to be “the single most powerful and influential organization in human history” in an amicus brief urging the U.S. Supreme Court to hear the case of an Ohio man who was prosecuted for creating a parody Facebook page for the local police department.

Court can’t compel examination of juror’s electronic devices to look for misconduct, 6th Circuit rules

A federal appeals court has ruled that a district court has no power to order an examination of a juror’s electronic devices to determine whether an outside influence affected the verdict.

Lawyer is still entitled to disability benefits for depression linked to law practice, 6th Circuit rules

A former Traverse City, Michigan, personal injury lawyer is entitled to continued monthly payments under his disability insurance policy because of evidence that his recurrent depression makes him unable to work as a trial attorney, a federal appeals court has ruled.

How Jones Day’s ‘conservative machine’ helped shape policy in the Trump administration

After the election of former President Donald Trump, many Jones Day lawyers “sailed into his White House, the Justice Department and other parts of his administration,” signaling the influence of the corporate law firm that had built a practice helping Republicans win elections and attain their political goals.

Chalking tires is unconstitutional, federal judge rules, but plaintiffs won’t get traffic-ticket refunds as damages

The practice of chalking tires to track how long cars are parked in the city of Saginaw, Michigan, is an unconstitutional search under the Fourth Amendment, a federal judge ruled Monday.

Weekly Briefs: Embryos can be tax dependents; top state court upholds mail voting

Georgia allows embryos to be claimed as dependents

Embryos with a “detectable human heartbeat” can be claimed as dependents on state income tax returns in Georgia. The Georgia Department of…

Proposed Title IX changes could lead to uptick in suits by students accused of campus sexual misconduct

The Biden administration is proposing changes in regulations governing universities’ handling of sexual misconduct claims that could result in more lawsuits by accused students alleging a lack of due process.

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