The circuit panel concluded that Perich did not qualify as a minister under the exception, noting that her duties were akin to those of lay teacher. A three-judge panel of the Sixth Circuit, in an opinion by Judge Eric Clay, vacated the lower court judgment and ordered the district court to proceed to a merits trial. The district court granted summary judgment in favor of the school. The exception permits religious institutions greater latitude over employment actions. The school moved to dismiss Perich's lawsuit, arguing that the First Amendment provided a ministerial exception for the school's termination decision. Perich filed a suit against the school in a federal district court. Judge Helene White issued a concurring opinion in the case.Īfter being dismissed by her employer, a Michigan-based evangelical church and school, Cheryl Perich filed a complaint with the Equal Employment Opportunity Commission (EEOC), which authorized a lawsuit. Supreme Court reversed the judgment of a three-judge panel of the Sixth Circuit. SCOTUS reverses Sixth Circuit panel in First Amendment employment discrimination claim (2012) See also: United States Court of Appeals for the 6th Circuit ( Hosanna-Tabor Evangelical Lutheran Church and School v. The court remanded the case to the district court and eliminated the possibility of a nationwide injunction by limiting any subsequent injunctions to the four states within the Sixth Circuit. “The Supreme Court has applied Chevron in the criminal context in three binding decisions- Chevron itself, Babbitt, and O'Hagan-and has never purported to overrule those cases,” she wrote. Judge White disagreed with the court’s limitation on Chevron deference. Judge Eric Murphy joined Judge Batchelder in the opinion. “Consistent with our precedent and mandated by separation-of-powers and fair-notice concerns,” wrote Judge Alice Batchelder in the opinion, “we hold that an administering agency's interpretation of a criminal statute is not entitled to Chevron deference.” The court also found that the district court should have permitted the plaintiffs’ request for an injunction to block the rule. The court held that Chevron deference did not apply because the law in question was a criminal statute. The court declined to apply Chevron deference to the Bureau of Alcohol, Tobacco, and Firearm's statutory interpretation supporting the agency’s rule that allowed bump stocks to be classified as machine guns. Garland decision, which invalidated the Trump administration’s bump stock ban. Noteworthy cases Sixth Circuit narrows applications of Chevron deference in criminal contexts (2021)Ī divided three-judge panel of the United States Court of Appeals for the Sixth Circuit on March 25, 2021, limited applications Chevron deference in the criminal context in its Gun Owners of America v. Judge Keith was succeeded by Judge Richard Griffin. The Senate Judiciary Committee never considered White's nomination. Prior to her 2008 confirmation, White was nominated by President Bill Clinton during the 105th, 106th, and 107th Congresses to succeed Judge Damon Keith on the Sixth Circuit Court of Appeals. Senate on June 24, 2008, and she received her commission on August 8, 2008. White was confirmed on a recorded 63-32 vote of the U.S. Hearings on White's nomination were held before the United States Senate Committee on the Judiciary on May 7, 2008, and her nomination was reported by U.S. The American Bar Association rated White Majority Well Qualified, Minority Qualified for the nomination. Bush to a seat vacated by Judge Susan Neilson. White was nominated to the United States Court of Appeals for the 6th Circuit by President George W. Court: United States Court of Appeals for the 6th CircuitĪ ABA Rating: Majority Well Qualified, Minority Qualified
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