“I have been critical of [Sixth Circuit] Judge [Jeffrey] Sutton for creating a Circuit split on the SSM [single-sex marriage] cases. Specifically, I have been critical of the good judge for giving insufficient weight to the thoughts of his colleagues on the four Courts of Appeal that had previously gone the other way.” Senior U.S. District Court Judge Richard Kopf, blogging about Aaron-Andrew Bruhls’ article, discussed elsewhere in this Report, which poses the question “If all the Courts of Appeals have gone one way, but they were all wrong (from your perspective), what weight (say predictability) should the Circuit Judge considering the new case give to those previous cases from other Circuits?” Kopf expresses the hope that Judge Sutton “thought hard” about this question.

HerculesandtheUmpire.com, November 15, 2014.