Thursday, February 24, 2011

THE SIXTH CIRCUIT'S SCOTUS TRACK RECORD


The Cincinnati Enquirer recently ran an article (link attached) in which the Sixth Circuit's track record in the United States Supreme Court (0-15 since 2008) was discussed.  Of interesting note was the fact that Judge Merritt agreed to be interviewed for the article.  Merritt indicated that just because the Supreme Court reverses the Sixth, it doesn't mean that the Supreme Court is always right.  Merritt stated "The Supreme Court is only final because it is final. It's not final because it has an excessive degree of wisdom over everyone else in society. Just because the 6th Circuit gets reversed, it doesn't mean the 6th Circuit has lost its mind."

Here's hoping we reverse that trend.  The Supreme Court just heard this week the Sixth Circuit case of United States v. Tinklenberg.  At stake is a statutory Speedy Trial Act claim - do all motions, however mundane, automatically stop the ST Clock?  The Court also heard argument, and seemed interested in, an alternative argument of whether the Act (at least as to one section) counted by calendar days or business days.  Let's hope 2011 is the year we put one (or more) in the win column!

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