Earlier this week, the 6th Circuit issued a decision resolving (in part) a thorny First Amendment issue, where the Michigan Liquor Control Commission denied an application to register a beer labelled “Raging Bitch.” The majority opinion by Judge Stranch, drew a lengthy dissent from Judge Moore. In total, this important First Amendment case, exploring the contours of quasi-judicial immunity, was 64 pages. Yet, remarkably, it was not published.
Counsel of record Alan Gura (with whom I have worked on a number of projects) has filed a Motion to Publish Opinion. It should be granted. There is no reason why an opinion of such magnitude should remain unpublished. I don’t need to go through the usual litany of arguments in favor of publication, but suffice to say, this is an important opinion, that very well may return to the 6th Circuit on remand. Publish it.