John M. Rogers | |
---|---|
Senior Judge of the United States Court of Appeals for the Sixth Circuit | |
Assumed office May 15, 2018 | |
Judge of the United States Court of Appeals for the Sixth Circuit | |
In office November 26,2002 –May 15,2018 | |
Appointed by | George W. Bush |
Preceded by | Eugene Edward Siler Jr. |
Succeeded by | John Nalbandian |
Personal details | |
Born | Rochester,New York,U.S. | June 26,1948
Residence | Lexington,Kentucky |
Education | Stanford University (BA) University of Michigan (JD) |
John Marshall Rogers (born June 26,1948) is a Senior United States circuit judge of the United States Court of Appeals for the Sixth Circuit.
Rogers was born in Rochester,New York. He received a B.A. from Stanford University in 1970 and a J.D. from the University of Michigan Law School in 1974. He was in the United States Army Reserve from 1970 to 1998. Rogers was an Appellate lawyer for the United States Department of Justice Civil Division from 1974 to 1978. He was a Professor of law,University of Kentucky College of Law from 1978 to 2002. [1]
Rogers was nominated to that court by President George W. Bush on December 19,2001 to fill a seat vacated by Judge Eugene Edward Siler,Jr. His nomination was confirmed by the United States Senate on November 14,2002 by a voice vote. He received his commission on November 26,2002. He assumed senior status on May 15,2018. [1]
Judge Rogers is one of the Sixth Circuit's most prolific judges. Over a five-year span,Judge Rogers tied with Judge Jeffrey Sutton as the author of the most opinions. [2]
On June 3,2010,Judge Rogers (joined by Judge Siler) interpreted a union contract agreement between Detroit Diesel Corporation (owned by Daimler AG) and UAW Local 163 as altering the terms of DDC's obligations to its retirees. On that interpretation of their union contract,retirees (applies to the 1993–2004 retirees) now pay 66% of their pension towards their medical insurance. [3]
On March 17,2006,Judge Rogers dissented from a decision of a Sixth Circuit majority panel in Brentwood Academy v. Tennessee Secondary School Athletic Association,442 F.3d 410 (6th Cir. 2006). Contrary to the majority,Judge Rogers concluded that the First Amendment of the U.S. Constitution does not prevent government-run athletic associations from limiting or prohibiting their members from recruiting student athletes. Judge Rogers reasoned as follows:"This is no more a case involving our nation's ideal of freedom of expression than a case involving a coach who is thrown out of a game for talking back to a referee." The U.S. Supreme Court subsequently granted a writ of certiorari to the Sixth Circuit in the same case and took the same position as Judge Rogers on the First Amendment issue. The Court held that "[t]he antirecruiting rule strikes nowhere near the heart of the First Amendment." Tennessee Secondary Sch. Athletic Ass'n v. Brentwood Acad. [4]
Judge Rogers authored a notable majority opinion in ACLU v. Bredesen,441 F.3d 370 (6th Cir. 2006). Over the dissent of Circuit Judge Boyce Martin,Judge Rogers held that specialty license plates bearing a government-controlled message qualify as "government speech." Such license plates,as a result,do not create a "forum" for speech that is subject to First Amendment viewpoint-neutrality requirements. In Bredesen,the Tennessee state legislature had authorized a "Choose Life" license plate but had rejected during legislative consideration a license plate with a conflicting message. The majority opinion authored by Judge Rogers held that "the medium in this case,a government-issued license plate that every reasonable person knows to be government-issued,. . . conveys a government message." The First Amendment,the opinion reasoned,does not require state governments to issue contradictory messages to remain viewpoint neutral. For instance,a government entity that gives out "Register and Vote" pins is not compelled by the Constitution to issue "Don't Vote" pins. In the years following Bredesen,every other circuit court to address the issue disagreed with its interpretation of the First Amendment. The Fifth Circuit observed as follows in an opinion holding that specialty license plates are not government speech:"The Sixth Circuit's conclusion that specialty license plates are government speech makes it the sole outlier among our sister circuits." Texas Div.,Sons of Confederate Veterans,Inc. v. Vandergriff,759 F.3d 388,396 (5th Cir. 2014). The U.S. Supreme Court subsequently granted certiorari and reversed the Fifth Circuit's decision in Walker v. Texas Division,Sons of Confederate Veterans. In an opinion that echoed the Bredesen ruling,the U.S. Supreme Court ruled 5–4 that specialty license plates are government speech.
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
Emilio Miller Garza is a former United States circuit judge of the United States Court of Appeals for the Fifth Circuit and former United States District Judge of the United States District Court for the Western District of Texas.
Danny Julian Boggs is an American lawyer and a senior United States circuit judge of the United States Court of Appeals for the Sixth Circuit. He was appointed to the court in 1986 and served as its chief judge from September 2003 to August 2009. Boggs was on the short list of President George W. Bush's candidates for the U.S. Supreme Court.
Choose Life license plates are specialty license plates available in 33 states in the United States that express an anti-abortion message. The plates are the concept of Choose Life,Inc.,an anti-abortion advocacy group based in Ocala,Florida. It was founded in 1997 by Randy Harris,a Marion County commissioner,after being inspired by an environmental license plate on the car in front of him to use specialty license plates as a way to raise funds for crisis pregnancy centers,which are nonprofit organizations established to counsel women against receiving abortions. The plates feature the phrase "Choose Life",a slogan used by the anti-abortion movement,and a Microsoft Paint style drawing of two children.
Ashcroft v. American Civil Liberties Union,535 U.S. 564 (2002),followed by 542 U.S. 656 (2004),was a decision of the United States Supreme Court,ruling that the Child Online Protection Act (COPA) was unconstitutional as a violation of the First Amendment's guarantee of freedom of speech.
Milan Dale Smith,Jr. is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother,Gordon H. Smith,was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat,and he considers himself to be a political independent.
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Marrita Murphy and Daniel J. Leveille,Appellants v. Internal Revenue Service and United States of America,Appellees,is a tax case in which the United States Court of Appeals for the District of Columbia Circuit originally held that the taxation of emotional distress awards by the federal government is unconstitutional. That decision was vacated,or rendered void,by the Court on December 22,2006. The Court eventually overturned its original decision,finding against Murphy in an opinion issued on July 3,2007.
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Amul Roger Thapar is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. He previously served as a U.S. district judge of the United States District Court for the Eastern District of Kentucky from 2008 to 2017 and as the United States Attorney for the Eastern District of Kentucky from 2006 to 2008. Thapar was President Donald Trump's first Court of Appeals appointment and Trump's second judicial appointment after Justice Neil Gorsuch. Thapar was discussed as a candidate for the Supreme Court of the United States.
Legal Services Corp. v. Velazquez,531 U.S. 533 (2001),is a decision of the Supreme Court of the United States concerning the constitutionality of funding restrictions imposed by the United States Congress. At issue were restrictions on the Legal Services Corporation (LSC),a private,nonprofit corporation established by Congress. The restrictions prohibited LSC attorneys from representing clients attempting to amend existing welfare law. The case was brought by Carmen Velazquez,whose LSC-funded attorneys sought to challenge existing welfare provisions since they believed that it was the only way to get Velazquez financial relief.
Brentwood Academy v. Tennessee Secondary School Athletic Association,531 U.S. 288 (2001),is a United States Supreme Court case concerning whether the actions of an interscholastic sport-association that regulated sports among Tennessee schools could be regarded as a state actor for First Amendment and Due Process purposes. The Court held that the sport-association can be sued as a state actor because its actions and history have been "entangled" with state action. While the Supreme Court would reconsider this same case in the future,this specific decision became important in articulating a new principle of what entities are bound by the First Amendment.
Tanco v. Haslam was the lead case in the dispute of same-sex marriage in Tennessee. A U.S. District Court granted a preliminary injunction requiring the state to recognize the marriages of the plaintiffs,three same-sex couples. The court found the equal protection analysis used in Bourke v. Beshear,a case dealing with a comparable Kentucky statute "especially persuasive." On April 25,2014,that injunction was stayed by the Sixth Circuit Court of Appeals. Tanco was appealed to the Sixth Circuit,which reversed the district court and upheld Tennessee's refusal to recognize same-sex marriages from other jurisdictions on November 6.
Walker v. Texas Division,Sons of Confederate Veterans,576 U.S. 200 (2015),was a United States Supreme Court case in which the Court held that license plates are government speech and are consequently more easily regulated/subjected to content restrictions than private speech under the First Amendment.
Reed v. Town of Gilbert,576 U.S. 155 (2015),is a case in which the United States Supreme Court clarified when municipalities may impose content-based restrictions on signage. The case also clarified the level of constitutional scrutiny that should be applied to content-based restrictions on speech. In 2005,Gilbert,Arizona adopted a municipal sign ordinance that regulated the manner in which signs could be displayed in public areas. The ordinance imposed stricter limitations on signs advertising religious services than signs that displayed "political" or "ideological" messages. When the town's Sign Code compliance manager cited a local church for violating the ordinance,the church filed a lawsuit in which they argued the town's sign regulations violated its First Amendment right to the freedom of speech.
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Minnesota Voters Alliance v. Mansky,585 U.S. ___ (2018),was a landmark decision of the US Supreme Court concerning the constitutionality of governmental speech restrictions in a polling place venue. The case challenged a century-old Minnesota law that prevents voters from wearing clothing or items considered political while voting. While the Supreme Court previously affirmed that political campaigning near polling places may be restricted,the Minnesota law was challenged on being overbroad and violation of free speech rights under the First Amendment. The case's decision was issued on June 14,2018,with the Court finding 7–2 that the Minnesota law was overbroad of what could be considered "political" speech,violating free speech rights and deemed unconstitutional.
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