Reply To: Federal judiciary finally sees light: Restrictions are punishment


It takes a bit of time for the appellate process to come to a complete conclusion (time is allowed for a couple of procedural options). Although the 6th Circuit has made its decision (pending some unexpected modification), the case will be returned to the federal district judge who initially heard the complaint. It will be the responsibility of that judge to determine how to proceed and how the appellate court’s decision will control. The ruling may initially only apply to the named plaintiffs. If that occurs, then it will likely be necessary for further action to be taken in order to extend the reach of the ruling. Or, in the alternative, the district court judge may determine to issue an order covering all those similarly situated. In the midst of ALL of this will be a Michigan Attorney General’s office fighting every aspect of these maneuvers with great tenacity. So it may yet be a while before there is a full realization of the Sixth Circuit’s decision. That’s just the way the process works. Be patient.