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BRIAN AMES,
Plaintiff-Appellant,
v.
FRANK LAROSE,
Defendant-Appellee. |
No. 23-3178 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:22-cv-02085—Sarah Daggett Morrison, District Judge.
Argued: October 19, 2023
Decided and Filed: November 20, 2023
Before: BATCHELDER, GRIFFIN, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
BLOOMEKATZ, Circuit Judge. Brian Ames, a member of the Ohio Republican Party
(ORP), challenges the constitutionality of Ohio Revised Code § 3517.03, the law governing how
Ohio’s political parties select their central committee membership. Ames contends that
§ 3517.03 contains two unconstitutional provisions: (1) a requirement that political parties elect
one man and one woman from each central committee district; and (2) a requirement that central
committee members serve terms of either two or four years. The district court concluded that
Ames lacked standing and dismissed his claims. We agree. Independent of the statute, the
ORP’s internal rules contain an identical gender provision and a compatible two-year term-length provision. Ames does not challenge the ORP’s ability to maintain those internal rules, nor
does he present any allegation or evidence that the ORP would change its internal practices in the
absence of § 3517.03. It follows that Ames fails to allege a redressable injury, and we therefore
affirm the district court’s order dismissing the case for lack of jurisdiction. |
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MANN CONSTRUCTION, INC.; BROOK WOOD;
KIMBERLY WOOD; LEE COUGHLIN; DEBBIE COUGHLIN,
Plaintiffs-Appellees,
v.
UNITED STATES OF AMERICA,
Defendant-Appellant. |
No. 23-1138 |
Appeal from the United States District Court for the Eastern District of Michigan at Bay City.
No. 1:20-cv-11307—Thomas L. Ludington, District Judge.
Decided and Filed: November 20, 2023
Before: SUTTON, Chief Judge; STRANCH and BUSH, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Chief Judge. When the Internal Revenue Service levied tax penalties against
Mann Construction and its owners under one of its regulations, technically a Notice, the
taxpayers replied that the IRS violated the Administrative Procedure Act. In a prior opinion, we
held that the Notice violated the APA. The IRS voluntarily refunded the penalties to the
plaintiffs and agreed not to apply the Notice to the taxpayers in the future. Even so, the district
court on remand proceeded to invalidate the regulation nationwide. Because the dispute is moot,
we vacate the district court’s decision. |
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VON CLARK DAVIS,
Petitioner-Appellant,
v.
CHARLOTTE JENKINS, Warden,
Respondent-Appellee. |
No. 21-3404 |
On Petition for Rehearing En Banc.
United States District Court for the Southern District of Ohio at Columbus.
No. 2:16-cv-00495—Susan J. Dlott, District Judge.
Decided and Filed: November 20, 2023
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
READLER, DAVIS and MATHIS, Circuit Judges.
_________________________
ORDER
_________________________
A majority of the Judges of this Court in regular active service has voted for rehearing en
banc of this case. Sixth Circuit Rule 35(b) provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous
opinion and judgment of this court, to stay the mandate and to restore the case on
the docket sheet as a pending appeal.
Accordingly, it is ORDERED that the previous decision and judgment of this court are
vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for
oral argument as soon as possible. |
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