6th Circuit Case Commentaries

Bare Denials Are Not Enough: PSR Objections, Cash-to-Drug Conversions, and Sentencing Reasonableness in United States v. Taylor (6th Cir. 2025)

Date: Dec 19, 2025

Bare Denials Are Not Enough: PSR Objections, Cash-to-Drug Conversions, and Sentencing Reasonableness in United States v. Taylor (6th Cir. 2025) I. Introduction The Sixth Circuit’s decision in United...

Nexus, Particular Social Groups, and Government Acquiescence in Gang‑Related Claims: Commentary on Jose Antonio Silva del Aguila v. Bondi

Date: Dec 19, 2025

Nexus, Particular Social Groups, and Government Acquiescence in Gang‑Related Claims: Commentary on Jose Antonio Silva del Aguila v. Bondi I. Introduction This Sixth Circuit immigration decision, Jose...

Talk Therapy as Protected Speech: The Sixth Circuit Subjects Conversion-Therapy Bans to Strict Scrutiny in Catholic Charities of Jackson v. Whitmer

Date: Dec 19, 2025

Talk Therapy as Protected Speech: The Sixth Circuit Subjects Conversion-Therapy Bans to Strict Scrutiny in Catholic Charities of Jackson v. Whitmer I. Introduction In Catholic Charities of Jackson,...

Subordination as the Constitutional Safeguard: The Sixth Circuit’s Framework for Private Non‑Delegation and Conditional Preemption in State of Oklahoma v. United States

Date: Dec 19, 2025

Subordination as the Constitutional Safeguard: The Sixth Circuit’s Framework for Private Non‑Delegation and Conditional Preemption in State of Oklahoma v. United States I. Introduction In State of...

Poynter v. Bennett: Customary Failure to Classify Violent Inmates as a Basis for Fourteenth Amendment and Monell Liability

Date: Dec 19, 2025

Poynter v. Bennett: Customary Failure to Classify Violent Inmates as a Basis for Fourteenth Amendment and Monell Liability I. Introduction In Luther Poynter v. Aaron Bennett, No. 25-5188 (6th Cir....

Fixed Sit–Stand Breaks as Facially Unreasonable ADA Accommodations in Fast‑Paced, Multitask Positions: Commentary on Bowles v. SSRG II, LLC

Date: Dec 19, 2025

Fixed Sit–Stand Breaks as Facially Unreasonable ADA Accommodations in Fast‑Paced, Multitask Positions: Commentary on Bowles v. SSRG II, LLC (6th Cir. 2025) I. Introduction In Bowles v. SSRG II, LLC,...

When Public Streets Become Part of a Private Ticketed Event: The Sixth Circuit’s Forum and Trespass Framework in Blankenship v. Louisville-Jefferson County Metro Government

Date: Dec 19, 2025

When Public Streets Become Part of a Private Ticketed Event: The Sixth Circuit’s Forum and Trespass Framework in Blankenship v. Louisville‑Jefferson County Metro Government I. Introduction In Jacob...

Clarifying Tennessee’s “Material Connection” Requirement for Contractual Choice-of-Law Clauses: Commentary on Jorge Andujar v. Hub Group Trucking, Inc.

Date: Dec 19, 2025

Clarifying Tennessee’s “Material Connection” Requirement for Contractual Choice-of-Law Clauses: Commentary on Jorge Andujar v. Hub Group Trucking, Inc. I. Introduction The Sixth Circuit’s published...

Article III Standing and Constitutional Protection of Interest on Custodial Unclaimed Property: Commentary on Hendershot v. Stanton

Date: Dec 19, 2025

Article III Standing and Constitutional Protection of Interest on Custodial Unclaimed Property: Commentary on Hendershot v. Stanton (6th Cir. 2025) I. Introduction Brigitte Hendershot v. Terry...

Targeting the Federal Consent Scheme: The Sixth Circuit on Conflict Preemption under the Interstate Horseracing Act

Date: Dec 19, 2025

Targeting the Federal Consent Scheme: The Sixth Circuit on Conflict Preemption under the Interstate Horseracing Act I. Introduction The Sixth Circuit’s decision in Churchill Downs Technology...

United States v. Santos: Officer‑Safety Questioning and Frisk of a Passenger’s Bag as “Negligibly Burdensome Precautions” During a Traffic Stop

Date: Dec 19, 2025

United States v. Adam Daniel‑DeJesus Santos: Officer‑Safety Questioning and Frisk of a Passenger’s Cross‑Body Bag as “Negligibly Burdensome Precautions” During a Traffic Stop I. Introduction In...

Herrera v. Bondi: APA-Based Bar on Reviewing BIA’s Sua Sponte Reopening and Strict Enforcement of Exhaustion for Numerical Bars

Date: Dec 19, 2025

Herrera v. Bondi: APA-Based Bar on Reviewing BIA’s Sua Sponte Reopening and Strict Enforcement of Exhaustion for Numerical Bars I. Introduction The Sixth Circuit’s decision in Dominga Sanik Herrera...

United States v. Escobar‑Temal: Defining “the People” and Disarming the Unregulable Under the Second Amendment

Date: Dec 19, 2025

United States v. Escobar‑Temal: Defining “the People” and Disarming the Unregulable Under the Second Amendment I. Introduction In United States v. Milder Escobar‑Temal, No. 24‑5668 (6th Cir. Dec. 15,...

United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release

Date: Dec 14, 2025

United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release I. Introduction In United States v. Troy H. Williams, No. 25-3241 (6th...

Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton

Date: Dec 14, 2025

Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton I. Introduction The Sixth Circuit’s...

The Appellant’s Burden to Supply an Adequate Record and Show Prejudice: Commentary on Sedore v. Landfair (6th Cir. 2025)

Date: Dec 13, 2025

The Appellant’s Burden to Supply an Adequate Record and Demonstrate Prejudice in Civil Appeals: Commentary on Sedore v. Landfair (6th Cir. 2025) 1. Introduction The unpublished Sixth Circuit decision...

Reliance on Unobjected PSR Convictions and Limits on Lifetime Federal Benefits Bans: Commentary on United States v. Goins (6th Cir. 2025)

Date: Dec 13, 2025

Reliance on Unobjected PSR Convictions and Limits on Lifetime Federal Benefits Bans: Commentary on United States v. Goins (6th Cir. 2025) I. Introduction The Sixth Circuit’s unpublished decision in...

Distinct Harms and Double Counting in Child Pornography Sentencing: A Commentary on United States v. Amy Lynn Cook (6th Cir. 2025)

Date: Dec 12, 2025

Distinct Harms and Double Counting in Child Pornography Sentencing: A Commentary on United States v. Amy Lynn Cook (6th Cir. 2025) I. Introduction The decision in United States v. Amy Lynn Cook, No....

Rule 60(b) Cannot Cure Discovery Omissions: Officer “Participation” and Malicious Prosecution in Sweatt v. Philipp

Date: Dec 12, 2025

Rule 60(b) Cannot Cure Discovery Omissions: Officer “Participation” and Malicious Prosecution in Sweatt v. Philipp I. Introduction In Derek Sweatt v. Samuel Philipp, No. 25-1339 (6th Cir. Dec. 9,...

United States v. Sims: Post‑Esteras Limits on Revocation Sentencing and the Role of State Sentences and Violation Conduct

Date: Dec 12, 2025

United States v. Sims: Post‑Esteras Limits on Revocation Sentencing and the Role of State Sentences and Violation Conduct I. Introduction The Sixth Circuit’s published decision in United States v....