6th Circuit Case Commentaries

Standing and Traceability: A State’s Voluntary Adoption of a City Policy Breaks Causation for Article III Standing

Date: Jul 21, 2026

Standing and Traceability: A State’s Voluntary Adoption of a City Policy Breaks Causation for Article III Standing Case: Laurence Wolf v. City of Detroit, Michigan (6th Cir. July 17, 2026) (not...

Restitution Above § 2259’s $3,000 Floor May Be Based on Paroline Factors Such as P2P Distribution and Victim-Specific File Counts

Date: Jul 21, 2026

Restitution Above § 2259’s $3,000 Floor May Be Based on Paroline Factors Such as P2P Distribution and Victim-Specific File Counts Case: United States v. Daniel Alan Robertson (6th Cir. July 17, 2026)...

Limitations Accrue from Knowledge of Policy Terms; “Continuing Breach” Does Not Revive Challenges to the Inclusion of a COLA Rider

Date: Jul 21, 2026

Limitations Accrue from Knowledge of Policy Terms; “Continuing Breach” Does Not Revive Challenges to the Inclusion of a COLA Rider 1. Introduction In Jose Nader v. New York Life Ins. Co. (6th Cir....

Interstate-Commerce Nexus Under 18 U.S.C. § 1591 Is Satisfied by Coordinated Online Purchases Shipped Interstate as the “Thing of Value” for Sex Acts

Date: Jul 21, 2026

Interstate-Commerce Nexus Under 18 U.S.C. § 1591 Is Satisfied by Coordinated Online Purchases Shipped Interstate as the “Thing of Value” for Sex Acts Case: United States v. Larry Ray Coffman (6th...

§ 1983 Fourth-Amendment Accrual at the Stop; Brady Inapplicable Absent a Trial When Charges Are Dismissed

Date: Jul 21, 2026

§ 1983 Fourth-Amendment Accrual at the Stop; Brady Inapplicable Absent a Trial When Charges Are Dismissed 1. Introduction Case: Naya Abbey v. Metro. Gov't of Nashville & Davidson Cnty. (Sixth Cir....

Adopting a PSR and “Generally Clear” Reasons Suffice for Consecutive Sentences; No Fact-by-Fact Proof Required for §2K2.1(b)(6)(B) on Plain-Error Review

Date: Jul 18, 2026

Adopting a PSR and “Generally Clear” Reasons Suffice for Consecutive Sentences; No Fact-by-Fact Proof Required for §2K2.1(b)(6)(B) on Plain-Error Review Introduction In United States v. Jason Matthew...

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation Does Not Justify Unexplained Fee Cuts

Date: Jul 18, 2026

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation Does Not Justify Unexplained Fee Cuts Introduction Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro. Gov’t...

Compassionate Release Requires Evidence of Caregiver Incapacitation or Unmet Specialized Medical Care; § 3553(a) Can Independently Defeat Relief

Date: Jul 18, 2026

Compassionate Release Requires Evidence of Caregiver Incapacitation or Unmet Specialized Medical Care; § 3553(a) Can Independently Defeat Relief I. Introduction In United States v. Kenneth Collins...

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation and Unreached Theories Do Not Justify Undifferentiated Fee Cuts

Date: Jul 18, 2026

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation and Unreached Theories Do Not Justify Undifferentiated Fee Cuts I. Introduction Sisters for Life, Inc. v....

United States v. Hernandez: Reasonable Suspicion for Supervised-Release Searches Based on Specific Non-Anonymous Gun Allegations, Concealment, and Monitoring Data; Predicate Drug-Trafficking-with-Firearm Conviction Defeats § 922(g)(1) As-Applied Challenge on Plain-Error Review

Date: Jul 18, 2026

United States v. Hernandez: Reasonable Suspicion for Supervised-Release Searches Based on Specific Non-Anonymous Gun Allegations, Concealment, and Monitoring Data; Predicate...

Post–Matter of S-S-F-M- Rule: Domestic-Violence PSGs Defined by Harm Are Not Cognizable; Vague Anonymous Threats Usually Fail Nexus

Date: Jul 18, 2026

Post–Matter of S-S-F-M- Rule: Domestic-Violence PSGs Defined by Harm Are Not Cognizable; Vague Anonymous Threats Usually Fail Nexus Case: Berlyn Maryrenis Espinoza-Reyes v. Todd Blanche (Acting U.S....

Consecutive Revocation Sentences Upheld for Pre-Revocation Misconduct When the Revoking Court Was Unaware; “Breach of Trust” Remains a Proper Revocation Rationale After Esteras

Date: Jul 18, 2026

Consecutive Revocation Sentences Upheld for Pre-Revocation Misconduct When the Revoking Court Was Unaware; “Breach of Trust” Remains a Proper Revocation Rationale After Esteras Case: United States v....

Independent-Source Admission of a Firearm After an Invalid Arrest Warrant: Probable Cause Survives When Tainted Facts Are Excised and Gun-to-Residence Nexus Is Inferred Despite Time

Date: Jul 16, 2026

Independent-Source Admission of a Firearm After an Invalid Arrest Warrant: Probable Cause Survives When Tainted Facts Are Excised and Gun-to-Residence Nexus Is Inferred Despite Time 1. Introduction...

Qualified Immunity in Jail Overdose Cases Absent Clearly Established Notice of Medical Emergency

Date: Jul 16, 2026

Qualified Immunity in Jail Overdose Cases Absent Clearly Established Notice of Medical Emergency Case: Jessie Cantrell v. Scioto Cnty. Bd. of Comm'rs (Officer Christopher Boggs, Defendant-Appellant)...

Sixth Circuit Narrows “Participation” Retaliation Protection to Direct Involvement in Title VII/ADA Proceedings

Date: Jul 16, 2026

Sixth Circuit Narrows “Participation” Retaliation Protection to Direct Involvement in Title VII/ADA Proceedings Case: Amy DiChiara v. Summit Medical Group, Inc. (6th Cir. July 13, 2026) (recommended...

Plea-Hearing “Not My Co‑Conspirator” Denials Are Not Statements Against Penal Interest; Prior Drug Sales Prove Intent in Specific-Intent Drug Cases

Date: Jul 14, 2026

Plea-Hearing “Not My Co‑Conspirator” Denials Are Not Statements Against Penal Interest; Prior Drug Sales Prove Intent in Specific-Intent Drug Cases Introduction In United States v. Gary Cunningham,...

Invited Error Forecloses Sixth Amendment Sentencing-Inquiry Claims When the Defendant Disclaims Substitute Counsel

Date: Jul 13, 2026

Invited Error Forecloses Sixth Amendment Sentencing-Inquiry Claims When the Defendant Disclaims Substitute Counsel Case: United States v. Michael Arnet Thomas (6th Cir. July 10, 2026) (not...

FOIA/Privacy Act as “Adequate Remedy” Bars APA & Mandamus to Compel Unredacted Security-Clearance Files; EO 12,968 Creates No Enforceable Rights

Date: Jul 13, 2026

FOIA/Privacy Act as “Adequate Remedy” Bars APA & Mandamus to Compel Unredacted Security-Clearance Files; EO 12,968 Creates No Enforceable Rights Introduction In Ryan Baugh v. CENTRAL INTELLIGENCE...

Permit Indemnification Limited to Permittee Misconduct Does Not Create a Petition-Clause Unconstitutional Condition; Pennhurst Bars Federal Ultra Vires State-Law Relief

Date: Jul 13, 2026

Permit Indemnification Limited to Permittee Misconduct Does Not Create a Petition-Clause Unconstitutional Condition; Pennhurst Bars Federal Ultra Vires State-Law Relief I. Introduction Stephen and...

Sixth Circuit Endorses Upward Variances Based on Undisputed Presentence Detention Misconduct and a Court’s Discretion to Deem Resulting National Disparities “Warranted”

Date: Jul 11, 2026

Sixth Circuit Endorses Upward Variances Based on Undisputed Presentence Detention Misconduct and a Court’s Discretion to Deem Resulting National Disparities “Warranted” 1. Introduction United States...