Missouri Supreme Court Case No. SC96751
Argued: Tue, Jan 23, 2018
Doe v. Greitens
Does Missouri’s informed consent law violate the Establishment Clause, where it requires women seeking abortions to review a booklet stating that abortion terminates a separate human life?
Malvo v. Mathena
Criminal Procedure
U.S. Court of Appeals for the Fourth Circuit Case No. 17-6746
Argued: Tue, Jan 23, 2018
Malvo v. Mathena
In the case of the “D.C. Sniper,” did the district court err in granting habeas relief and ordering petitioner resentenced as a juvenile under Miller v. Alabama?
Chicago v. Sessions
Immigration
U.S. Court of Appeals for the Seventh Circuit Case No. 17-2991
Argued: Fri, Jan 19, 2018
Chicago v. Sessions
Does the Attorney General have the discretion to impose immigration-related conditions on federal funding against so-called sanctuary cities?
McCoy v. Louisiana
Sixth Amendment
U.S. Supreme Court Case No. 16-8255
Argued: Thu, Jan 18, 2018
McCoy v. Louisiana
Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection?
Turner v. Virginia
Free Speech
Virginia Supreme Court Case No. 161804
Argued: Wed, Jan 17, 2018
Turner v. Virginia
Is hanging a noose on a tree on one’s own property protected speech?
Encino Motorcars v. Navarro
Labor
U.S. Supreme Court Case No. 16-1362
Argued: Wed, Jan 17, 2018
Encino Motorcars v. Navarro
Are service advisors at car dealerships exempt under 29 U.S.C. §213(b)(10)(A) from the FLSA’s overtime-pay requirements?
Hall v. Hall
Civil Procedure
U.S. Supreme Court Case No. 16-1150
Argued: Tue, Jan 16, 2018
Hall v. Hall
Should the clarity Gelboim gave to multidistrict cases be extended to single district consolidated cases so that the entry of a final judgment in only one case triggers the appeal clock for that case?
Dalmazzi v. United States
Separation of Powers
U.S. Supreme Court Case No. 16-961
Argued: Tue, Jan 16, 2018
Dalmazzi v. United States
Does the appointment of military officers to the Court of Military Commission Review violate the dual office holding ban of 10 U.S.C. § 973 and are the decisions of the Court of Appeals for the Armed Forces subject to the Supreme Court’s appellate jurisdiction?
Husted v. Randolph Institute
Election Law
U.S. Supreme Court Case No. 16-980
Argued: Wed, Jan 10, 2018
Husted v. Randolph Institute
Does 52 U.S.C. § 20507 permit Ohio’s list-maintenance process, which uses a registered voter’s voter inactivity to trigger a process by which a voter can be dropped from the rolls?
Byrd v. United States
Fourth Amendment
U.S. Supreme Court Case No. 16-1371
Argued: Tue, Jan 9, 2018
Byrd v. United States
Does a driver have a reasonable expectation of privacy in a rental car when he has the renter’s permission to drive the car but is not listed as an authorized driver on the rental agreement?
Collins v. Virginia
Fourth Amendment
U.S. Supreme Court Case No. 16-1027
Argued: Tue, Jan 9, 2018
Collins v. Virginia
Does the Fourth Amendment’s automobile exception permit a police officer to search a vehicle parked a few feet from a house on private property?
Florida v. Georgia
Federalism
U.S. Supreme Court Case No. Orig.142
Argued: Mon, Jan 8, 2018
Florida v. Georgia
Is Florida entitled to equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin and appropriate injunctive relief against Georgia to sustain an adequate flow of fresh water into the Apalachicola Region?
Planned Parenthood of Indiana v. Adams
Civil Rights
U.S. Court of Appeals for the Seventh Circuit Case No. 17-2428
Argued: Fri, Jan 5, 2018
Planned Parenthood of Indiana v. Adams
Does Indiana’s law, requiring parents to be notified when a minor intends to get an abortion, unduly burden the minor’s right to privacy?
Perez-Montes v. Sessions
Immigration
U.S. Court of Appeals for the Seventh Circuit Case No. 17-2520
Argued: Wed, Jan 3, 2018
Perez-Montes v. Sessions
In the case of a veteran who later was rendered deportable by a drug conviction, what does it mean to face a “substantial risk” of torture for the purposes of U.S. non-refoulement obligations under the Convention Against Torture?
Merck Sharp & Dohme Corp. v. Albrecht
Federalism
U.S. Supreme Court Case No. 17-290
Argued: Mon, Jan 7, 2019
Merck Sharp & Dohme Corp. v. Albrecht
Is a state-law failure-to-warn claim preempted when the FDA rejected the drug manufacturer’s proposal to warn about the same risk?
Obduskey v. McCarthy & Holthus LLP
Civil Procedure
U.S. Supreme Court Case No. 17-1307
Argued: Mon, Jan 7, 2019
Obduskey v. McCarthy & Holthus LLP
Does the Fair Debt Collection Practices Act apply to non-judicial foreclosure proceedings?
Herrera v. Wyoming
Federalism
U.S. Supreme Court Case No. 17-752
Argued: Tue, Jan 8, 2019
Herrera v. Wyoming
Did Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogate the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States”?
Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC
Intellectual Property
U.S. Supreme Court Case No. 17-571
Argued: Tue, Jan 8, 2019
Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC
Has the registration of a copyright claim been made when the copyright holder delivers the required application, deposit, and fee to the Copyright Office, or only once the Copyright Office acts on that application?
Franchise Tax Board of CA v. Hyatt
Federalism
U.S. Supreme Court Case No. 17-1299
Argued: Wed, Jan 9, 2019
Franchise Tax Board of CA v. Hyatt
Should Nevada v. Hall, 440 U.S. 410 (1979), which permits a sovereign State to be haled into another State’s courts without its consent be overruled?
Knick v. Scott
Civil Procedure
U.S. Supreme Court Case No. 17-647
Argued: Wed, Jan 16, 2019
Knick v. Scott
Must property owners to exhaust state court remedies to ripen federal takings claims?
TN Wine and Spirits Ass’n v. Blair
Federalism
U.S. Supreme Court Case No. 18-96
Argued: Wed, Jan 16, 2019
TN Wine and Spirits Ass’n v. Blair
Does the 21st Amendment allow States to grant retail or wholesale licenses only to individuals or entities that have resided in-state for a specified time?
Azar, Sec. of H&HS v. Allina Health Services
Administrative Law
U.S. Supreme Court Case No. 17-1484
Argued: Tue, Jan 15, 2019
Azar, Sec. of H&HS v. Allina Health Services
Must HHS conduct notice-and-comment rulemaking before providing instructions to a Medicare Administrator Contractor making initial determinations of payments?
Home Depot U.S.A., Inc. v. Jackson
Civil Procedure
U.S. Supreme Court Case No. 17-1471
Argued: Tue, Jan 15, 2019
Home Depot U.S.A., Inc. v. Jackson
Can an original defendant to a class-action claim remove the class action, when it was originally asserted as a counterclaim against a co-defendant?
Rimini Street, Inc. v. Oracle USA, Inc.
Civil Procedure
U.S. Supreme Court Case No. 17-1625
Argued: Mon, Jan 14, 2019
Rimini Street, Inc. v. Oracle USA, Inc.
Is the Copyright Act’s allowance of “full costs” to a prevailing party limited to taxable costs under 28 U.S.C. §§ 1920 and 1821?
Thacker v. Tennessee Valley Authority
Civil Procedure
U.S. Supreme Court Case No. 17-1201
Argued: Mon, Jan 14, 2019
Thacker v. Tennessee Valley Authority
Does a “discretionary-function exception,” rather than FHA v. Burr, establish the basis of the TVA’s immunity from civil liability?
Cardosi v. Indiana
Criminal Procedure
Indiana Supreme Court Case No. 18S-LW-00181
Argued: Thu, Jan 10, 2019
Cardosi v. Indiana
Are the deleted text messages of an accomplice “testimony” for the purposes of the hearsay rule?
In re Nashiri
Criminal Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 18-1279
Argued: Tue, Jan 22, 2019
In re Nashiri
Does it violate the rules of judicial conduct for a judge to secretly negotiate with a party to a case for employment?
In re Spears
Criminal Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 18-1315
Argued: Tue, Jan 22, 2019
In re Spears
Who has the legal authority to excuse defense counsel in the Guantanamo military commissions?
Arrowhead Capital Finance v. Cheyne Specialty Finance Fund
Civil Procedure
New York Court of Appeals Case No. 19-04
Argued: Wed, Jan 9, 2019
Arrowhead Capital Finance v. Cheyne Specialty Finance Fund
Does the failure of a plaintiff’s attorney to fulfill the residency requirements of the New York Judiciary Law nullify a proceeding in which that attorney appeared?
Brush and Nib v. Phoenix
Civil Rights
Arizona Supreme Court Case No. 18-0176
Argued: Tue, Jan 22, 2019
Brush and Nib v. Phoenix
Does it violate the rights to freedom of speech and religious exercise under Arizona law when a city compels a stationary store to sell custom wedding invitations to same-sex couples?
Baca v. Colorado Department of State
Election Law
U.S. Court of Appeals for the 10th Circuit Case No. 18-1173
Argued: Thu, Jan 24, 2019
Baca v. Colorado Department of State
Do electoral college electors have the right to vote for a candidate other than the one who won the popular vote in violation of state law?
Texas Department of Criminal Justice v. Levin
Death Penalty
Texas Supreme Court Case No. 17-0552
Argued: Wed, Jan 23, 2019
Texas Department of Criminal Justice v. Levin
Does Texas’ decision to withhold the identity of the pharmacy that provides lethal injection drugs violate the state’s open records law?
Collins v. Daniels
Criminal Procedure
U.S. Court of Appeals for the 10th Circuit Case No. 17-2217
Argued: Tue, Jan 22, 2019
Collins v. Daniels
Does New Mexico’s bail reform law, which replaces bail with an assessment of dangerousness as the basis on which to hold a defendant pre-trial, violate the Eighth Amendment?
Manning v. Caldwell
Civil Rights
U.S. Court of Appeals for the Fourth Circuit Case No. 17-1320
Argued: Wed, Jan 30, 2019
Manning v. Caldwell
Is it constitutional for Virginia to criminalize the possession of alcohol by adults who have been designated “habitual drunkards”?
Preterm-Cleveland v. Himes
Abortion
U.S. Court of Appeals for the Sixth Circuit Case No. 18-3329
Argued: Wed, Jan 30, 2019
Preterm-Cleveland v. Himes
May Ohio ban the selective abortion of fetuses diagnosed with Down syndrome?
Crosby v. Twitter
Civil Procedure
U.S. Court of Appeals for the Sixth Circuit Case No. 18-1426
Argued: Tue, Jan 15, 2019
Crosby v. Twitter
Was the Pulse Nightclub shooting an act of international terrorism and are social media companies liable under the Anti-Terrorism Act for allegedly allowing ISIS sympathizers to use their platforms?
Committee on the Judiciary v. Donald McGahn, II
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-51331
Argued: Fri, Jan 3, 2020
Committee on the Judiciary v. Donald McGahn, II
Does Executive Privilege protect the White House Counsel from appearing to testify relating to the impeachment of the President?
In re Committee on the Judiciary
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5288
Argued: Fri, Jan 3, 2020
In re Committee on the Judiciary
May Congressional committees sue to compel compliance with their subpoenas?
In re Al-Baluchi
Criminal Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 19-1146
Argued: Fri, Jan 10, 2020
In re Al-Baluchi
Is a capital defendant entitled to a writ of mandamus to enjoin the destruction of the location where he was tortured after his arrest?
American Inst. for Int’l Steel v. United States
Separation of Powers
U.S. Court of Appeals for the Federal Circuit Case No. 19-1727
Argued: Fri, Jan 10, 2020
American Inst. for Int’l Steel v. United States
Does the Trade Expansion Act’s delegation to the President of the authority to restrict imports that he determines “impair the national security” violate the non-delegation doctrine?
Carson v. Makin
Religious Liberty
U.S. Court of Appeals for the First Circuit Case No. 19-1746
Argued: Wed, Jan 8, 2020
Carson v. Makin
May a state provide funding for private school, but limit that funding to nonsectarian schools?
FBOP Execution Protocol Cases
Death Penalty
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5322
Argued: Wed, Jan 15, 2020
FBOP Execution Protocol Cases
Does the statutory requirement that federal executions be performed in the manner of the State in which it is imposed require strict compliance with State procedures?
Illinois v. Hill
Fourth Amendment
Illinois Supreme Court Case No. 124595
Argued: Tue, Jan 14, 2020
Illinois v. Hill
Does the smell of marijuana give the police probable cause to conduct a warrantless vehicle search, given that marijuana is now legal in Illinois?
Lucky Brand Dungarees v. Marcel Fashions Group
Civil Procedure
U.S. Supreme Court Case No. 18-1086
Argued: Mon, Jan 13, 2020
Lucky Brand Dungarees v. Marcel Fashions Group
Do federal preclusion principles bar a defendant from raising defenses that were not litigated and resolved in a prior case between the parties involving the same subject matter?
Thole v. U.S. Bank
Labor
U.S. Supreme Court Case No. 17-1712
Argued: Mon, Jan 13, 2020
Thole v. U.S. Bank
May an ERISA plan participant or beneficiary seek remedies for fiduciary breaches without demonstrating individual financial losses or the imminent risk of such losses?
Kelly v. United States
Criminal Procedure
U.S. Supreme Court Case No. 18-1059
Argued: Tue, Jan 14, 2020
Kelly v. United States
Does a public official defraud the government of its property by advancing a pretextual public policy reason for an official decision?
Romag Fasteners v. Fossil
Intellectual Property
U.S. Supreme Court Case No. 18-1233
Argued: Tue, Jan 14, 2020
Romag Fasteners v. Fossil
Is willful infringement a prerequisite for an award of an infringer’s profits for a violation of section 35 of the Lanham Act?
Babb v. Wilkie
Labor
U.S. Supreme Court Case No. 18-882
Argued: Wed, Jan 15, 2020
Babb v. Wilkie
Does the Age Discrimination in Employment Act require a plaintiff to prove that age was a but-for cause of the challenged personnel action?
Shular v. United States
Criminal Procedure
U.S. Supreme Court Case No. 18-6662
Argued: Tue, Jan 21, 2020
Shular v. United States
Is the phrase ‘serious drug offense’ under the Armed Career Criminal Act governed by the same categorical approach as ‘violent felony’ is under the Act?
Espinoza v. Montana Dept. of Revenue
Religious Liberty
U.S. Supreme Court Case No. 18-1195
Argued: Wed, Jan 22, 2020
Espinoza v. Montana Dept. of Revenue
Does it violate the Religion Clauses for a state to invalidate a student-aid program because the program allows students to use the aid for religious schools?
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA
International Law
U.S. Supreme Court Case No. 18-1048
Argued: Tue, Jan 21, 2020
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA
Does the New York Convention permit a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel?
Jones v. DeSantis
Election Law
U.S. Court of Appeals for the Eleventh Circuit Case No. 19-14551
Argued: Wed, Jan 29, 2020
Jones v. DeSantis
May Florida require ex-felons to pay all court costs, fines, and restitution before registering to vote, regardless of their means to pay?
Lunsford v. Sterilite
Civil Rights
Ohio Supreme Court Case No. 18-1431
Argued: Mon, Jan 20, 2020
Lunsford v. Sterilite
Does requiring employees to expose their genitals as part of a drug test violate the employees’ common law right to privacy?
Alassad v. Wolf
Fourth Amendment
U.S. Court of Appeals for the First Circuit Case No. 20-1077
Argued: Tue, Jan 5, 2021
Alassad v. Wolf
Must government agents obtain a warrant before searching the electronic devices of travelers crossing an international border into the United States?
In re: Al-Tamir
Criminal Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 19-1212
Argued: Mon, Jan 11, 2021
In re: Al-Tamir
Where a judge and the judge’s aid violate the rules of processional conduct by secretly negotiating with a party to a case for employment, is the vacatur of the proceedings required?
Pham. v. Chavez
Immigration
U.S. Supreme Court Case No. 19-897
Argued: Mon, Jan 11, 2021
Pham. v. Chavez
Is the detention of an alien who is challenging a reinstated removal order governed by 8 U.S.C. 1231, or instead by 8 U.S.C. 1226?
Uzuegbunam v. Preczewski
Civil Rights
U.S. Supreme Court Case No. 19-968
Argued: Tue, Jan 12, 2021
Uzuegbunam v. Preczewski
Does the government’s post-filing change of an unconstitutional policy moot nominal-damages claims that vindicate the government’s past, completed violation of a plaintiffs constitutional rights?
AMG Capital Mgmt. v. FTC
Administrative Law
U.S. Supreme Court Case No. 19-508
Argued: Wed, Jan 13, 2021
AMG Capital Mgmt. v. FTC
Does the Federal Trade Commissions power to issue injunctions include the power to demand monetary relief, such as restitution?
Kwan v. Los Angeles
Civil Procedure
U.S. Court of Appeals for the Ninth Circuit Case No. 20-55729
Argued: Wed, Jan 13, 2021
Kwan v. Los Angeles
Does CDA § 230 bar Los Angeles from enjoining car-share company, Turo, from letting users leave cars at LAX due to their contribution to traffic congestion?
PRGE&J Ret. Sys. Admin. v. Volkswagen
Securities
U.S. Court of Appeals for the Ninth Circuit Case No. 20-15564
Argued: Tue, Jan 12, 2021
PRGE&J Ret. Sys. Admin. v. Volkswagen
Did Volkswagen have a fiduciary duty to its bond holders to disclose the fraudulent emissions testing of its hybrid diesel cars?
U.S. WeChat Users Alliance v. Trump
National Security
U.S. Court of Appeals for the Ninth Circuit Case No. 20-16908
Argued: Thu, Jan 14, 2021
U.S. WeChat Users Alliance v. Trump
Does the President have the authority to block the WeChat app on national security grounds?
File v. Kastner
First Amendment
U.S. Court of Appeals for the Seventh Circuit Case No. 20-2387
Argued: Fri, Jan 15, 2021
File v. Kastner
May Wisconsin require practicing lawyers to be members of the State Bar Association?
FCC v. Prometheus Radio Project
Administrative Law
U.S. Supreme Court Case No. 19-1231
Argued: Tue, Jan 19, 2021
FCC v. Prometheus Radio Project
What administrative record must the FCC create to change media ownership rules?
BP v. Baltimore
Civil Procedure
U.S. Supreme Court Case No. 19-1189
Argued: Tue, Jan 19, 2021
BP v. Baltimore
May a court of appeals to review any issue encompassed in a district court’s order remanding a removed case where the defendant premised removal on the federal-officer removal statute?
Minnesota Voters Alliance v. Mansky
First Amendment
U.S. Supreme Court Case No. 16-1435
Argued: Wed, Feb 28, 2018
Minnesota Voters Alliance v. Mansky
Is Minnesota Statute Section 211B.ll, which broadly bans all political apparel at the polling place, facially overbroad under the First Amendment?
United States v. Microsoft
Fourth Amendment
U.S. Supreme Court Case No. 17-2
Argued: Tue, Feb 27, 2018
United States v. Microsoft
Must a United States provider of email services comply with a probable-cause based warrant issued under 18 U.S.C. 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store that material abroad?
Lozman v. Riviera Beach
First Amendment
U.S. Supreme Court Case No. 17-21
Argued: Tue, Feb 27, 2018
Lozman v. Riviera Beach
Does the existence of probable cause defeat a First Amendment retaliatory-arrest claim as a matter of law?
Janus v. State, County, and Municipal Employees
First Amendment
U.S. Supreme Court Case No. 16-1466
Argued: Mon, Feb 26, 2018
Janus v. State, County, and Municipal Employees
Should Abood v. Detroit Board of Education, 431 U.S. 209 (1977) be overruled and public sector agency fee arrangements declared unconstitutional under the First Amendment?
Ohio v. American Express
Antitrust Law
U.S. Supreme Court Case No. 16-1454
Argued: Mon, Feb 26, 2018
Ohio v. American Express
Under the “rule of reason,” did the Government’s showing that Amex’s anti-steering provisions stifled price competition on the merchant side of the credit card platform suffice to prove anticompetitive effects and thereby shift to Amex the burden of establishing any procompetitive benefits from the provisions?
Rosales-Mireles v. United States
Criminal Procedure
U.S. Supreme Court Case No. 16-9493
Argued: Wed, Feb 21, 2018
Rosales-Mireles v. United States
SCOTUS held in Olano that “[t]he Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” To meet that standard, must the error “shock the conscience of the common man, serve as a powerful indictment against our system of Justice, or seriously call into question the competence or integrity of the district judge?”
Dahda v. United States
Criminal Procedure
U.S. Supreme Court Case No. 17-43
Argued: Wed, Feb 21, 2018
Dahda v. United States
Does Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. 2510-2520, require suppression of evidence obtained pursuant to a wiretap order that is facially insufficient because the order exceeds the judge’s territorial jurisdiction?
Currier v. Virginia
Criminal Procedure
U.S. Supreme Court Case No. 16-1348
Argued: Tue, Feb 20, 2018
Currier v. Virginia
Does a defendant who consents to severance of multiple charges into sequential trials lose his right under the Double Jeopardy Clause to the issue-preclusive effect of an acquittal?
City of Hays v. Vogt
Criminal Procedure
U.S. Supreme Court Case No. 16-1495
Argued: Tue, Feb 20, 2018
City of Hays v. Vogt
Is the Fifth Amendment violated when statements are used at a probable cause hearing but not at a criminal trial?
Hemp Industries Association v. DEA
Administrative Law
U.S. Court of Appeals for the Ninth Circuit Case No. 17-70162
Argued: Thu, Feb 15, 2018
Hemp Industries Association v. DEA
Does the DEA’s assignment of a drug code to “marihuana extract” represent the scheduling of new substances – to wit, “marihuana extract” and individual cannabinoids of the Cannabis sativa plant, outside the scheduling process required under the Controlled Substances Act?
***Abdur-Rashid v. NYPD
Civil Rights
New York Court of Appeals Case No. APL-2016-00219
Argued: Tue, Feb 13, 2018
***Abdur-Rashid v. NYPD
In the case of Muslims who claimed improper surveillance by the NYPD, does New York State’s Freedom of Information Law (FOIL) permit the State to provide a Glomar response, under which it can “neither confirm nor deny” the existence of records for national security purposes? (Originally Argued February 6, 2018)
***Lohan, et al. v. Take-Two Interactive
Free Speech
New York Court of Appeals Case No. APL-2017-00028
Argued: Tue, Feb 13, 2018
***Lohan, et al. v. Take-Two Interactive
Can the actresses Lindsay Lohan and Karen Gravano sue the maker of the video game Grand Theft Auto V (#GTA5) for violating their rights to publicity by including characters in the video game that resemble them? (Argued February 7, 2018)
Doe v. Marine-Lombard
Free Speech
U.S. Court of Appeals for the Fifth Circuit Case No. 17-30292
Argued: Wed, Feb 7, 2018
Doe v. Marine-Lombard
May Louisiana require exotic dancers to wear bikinis and be at least 21 years old to perform in strip clubs?
Planned Parenthood v. Reynolds
Civil Rights
Iowa Supreme Court Case No. 17-1579
Argued: Tue, Feb 13, 2018
Planned Parenthood v. Reynolds
Is it constitutional to require a pregnant woman to wait 72-hours after an initial medical consultation before terminating a pregnancy?
Mozilla v. FCC
Administrative Law
U.S. Court of Appeals for the D.C. Circuit Case No. 18-1051
Argued: Fri, Feb 1, 2019
Mozilla v. FCC
Was it lawful for the FCC to reverse #NetNeutrality and its classification of broadband providers as telecom services?
Return Mail v. USPS
Intellectual Property
U.S. Supreme Court Case No. 17-1594
Argued: Wed, Feb 20, 2019
Return Mail v. USPS
May the government counter-sue in the Patent Trial and Appeal Board to invalidate a patent it is accused of infringing?
Mission Product Holdings v. Tempnology
Bankruptcy
U.S. Supreme Court Case No. 17-1657
Argued: Thu, Feb 21, 2019
Mission Product Holdings v. Tempnology
Does a debtor-licensor’s rejection of a license agreement constitute a breach of contract, terminating the licensee’s rights under applicable non-bankruptcy law?
NAACP v. Trump
Immigration
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5243
Argued: Fri, Feb 22, 2019
NAACP v. Trump
Was the Trump Administration’s termination of the #DACA (Dreamers) Program arbitrary and capricious?
Force v. Facebook
Civil Procedure
U.S. Court of Appeals for the Second Circuit Case No. 18-397
Argued: Mon, Feb 25, 2019
Force v. Facebook
Can Facebook be sued by victims of terrorist attacks under the Anti-Terrorism Act based upon the allegation that members of a terrorist organization, HAMAS, used Facebook?
United States v. Haymond
Civil Procedure
U.S. Supreme Court Case No. 17-1672
Argued: Tue, Feb 26, 2019
United States v. Haymond
Is it unconstitutional to terminate supervised release based upon a showing that the defendant violated the terms of his supervised release by a preponderance of the evidence?
Mont v. United States
Criminal Procedure
U.S. Supreme Court Case No. 17-8995
Argued: Tue, Feb 26, 2019
Mont v. United States
Is a district court required to exercise its jurisdiction in order to suspend the running of a supervised release sentence?
American Legion v. American Humanist Assn.
Establishment Clause
U.S. Supreme Court Case No. 17-1717
Argued: Wed, Feb 27, 2019
American Legion v. American Humanist Assn.
Does the Establishment Clause require the removal a 93-year-old memorial because the memorial bears the shape of a cross?
NVLSP v. United States
Separation of Powers
U.S. Court of Appeals for the Federal Circuit Case No. 19-1081
Argued: Mon, Feb 3, 2020
NVLSP v. United States
May the federal judiciary be sued for misusing millions of dollars collected in PACER fees?
Clifford v. Trump
Free Speech
U.S. Court of Appeals for the Ninth Circuit Case No. 18-56351
Argued: Tue, Feb 4, 2020
Clifford v. Trump
May Stephanie Clifford (Stormy Daniels) sue Donald Trump for denying their sexual relationship?
San Mateo v. Chevron
Environmental Law
U.S. Court of Appeals for the Ninth Circuit Case No. 18-15499
Argued: Wed, Feb 5, 2020
San Mateo v. Chevron
May municipalities sue fossil fuel companies for climate change related damages?
Oakland v. BP
Environmental Law
U.S. Court of Appeals for the Ninth Circuit Case No. 18-16663
Argued: Wed, Feb 5, 2020
Oakland v. BP
May municipalities sue fossil fuel companies for climate change related damages?
Bahlul v. United States
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-1076
Argued: Fri, Feb 7, 2020
Bahlul v. United States
Did the designation of a retired civilian judge to preside over the Guantanamo military commissions violate the Appointments Clause?
Jackson Women’s Health v. Dobbs
Civil Rights
U.S. Court of Appeals for the Fifth Circuit Case No. 19-60455
Argued: Thu, Feb 6, 2020
Jackson Women’s Health v. Dobbs
May Mississippi ban abortion whenever a fetal heartbeat can be detected?
House of Representatives v. Mnuchin
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5176
Argued: Tue, Feb 18, 2020
House of Representatives v. Mnuchin
May the House sue to prevent the President from reallocating Department of Defense funds to build the border wall?
Cook County, Illinois v. Wolf
Immigration
U.S. Court of Appeals for the Seventh Circuit Case No. 19-3169
Argued: Wed, Feb 26, 2020
Cook County, Illinois v. Wolf
May the Trump Administration unilaterally impose a public charge rule, denying immigration status to individuals who have or may use public services?
United States Forest Service v. Cowpasture River Preservation Ass’n
Environmental Law
U.S. Supreme Court Case No. 18-1584
Argued: Mon, Feb 24, 2020
United States Forest Service v. Cowpasture River Preservation Ass’n
Does the Forest Service have the authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests?
Opati. v. Sudan
International Law
U.S. Supreme Court Case No. 17-1268
Argued: Mon, Feb 24, 2020
Opati. v. Sudan
Does the Foreign Sovereign Immunities Act permit the retroactive recovery of punitive against foreign states for terrorist activities?
United States v. Sineneng-Smith
Immigration
U.S. Supreme Court Case No. 19-67
Argued: Wed, Feb 26, 2020
United States v. Sineneng-Smith
Is the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain facially unconstitutional.
Lomax v. Ortiz-Marquez
Civil Procedure
U.S. Supreme Court Case No. 18-8369
Argued: Thu, Feb 27, 2020
Lomax v. Ortiz-Marquez
Does dismissal without prejudice for failure to state a claim count as a strike under 28 U.S.C. §1915(g)?
Mo-Vac v. Escebedo
Torts
Texas Supreme Court Case No. 18-0852
Argued: Wed, Feb 26, 2020
Mo-Vac v. Escebedo
Does an employer commit an intentional tort, when it pushes one of its truck drivers to drive longer than is safe or legal, and the driver gets into a fatal crash?
Koons v. United States
Civil Procedure
U.S. Supreme Court Case No. 17-5716
Argued: Tue, Mar 27, 2018
Koons v. United States
When imposing a sentence under the “substantial assistance” provision of 18 U.S.C. § 3553(e), must the judge disregard or entirely set aside the guideline range calculated according to the defendant’s criminal history and offense level?
Hughes v. United States
Civil Procedure
U.S. Supreme Court Case No. 17-155
Argued: Tue, Mar 27, 2018
Hughes v. United States
Under Marks v. United States, does a concurring opinion when the Court divides represent the holding of the Court where neither the plurality’s reasoning nor the concurrence’s reasoning is a logical subset of the other?
Benisek v. Lamone
Election Law
U.S. Supreme Court Case No. 17-333
Argued: Wed, Mar 28, 2018
Benisek v. Lamone
Under what circumstances do partisan gerrymanders violate the First Amendment?
United States v. Sanchez-Gomez
Criminal Procedure
U.S. Supreme Court Case No. 17-312
Argued: Mon, Mar 26, 2018
United States v. Sanchez-Gomez
Did the court of appeals exceed its jurisdiction in reviewing a defendant’s interlocutory challenge to pretrial physical restraints?
China Agritech v. Resh
Civil Procedure
U.S. Supreme Court Case No. 17-432
Argued: Mon, Mar 26, 2018
China Agritech v. Resh
Does the American Pipe rule toll statutes of limitations to permit a previously absent class member to bring a subsequent class action outside the applicable limitations period?
Sierra Club v. VEPCO
Environmental Law
U.S. Court of Appeals for the Fourth Circuit Case No. 17-1895
Argued: Wed, Mar 21, 2018
Sierra Club v. VEPCO
Does the Clean Water Act regulate static pollutants such as coal ash piles that make their way into groundwater?
Upper Skagit Indian Tribe v. Lundgren, Sharline
Federalism
U.S. Supreme Court Case No. 17-387
Argued: Wed, Mar 21, 2018
Upper Skagit Indian Tribe v. Lundgren, Sharline
Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?
Al Alwi v. Trump
War Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 17-5067
Argued: Tue, Mar 20, 2018
Al Alwi v. Trump
In the case of a Guantanamo detainee captured in 2001, does the Authorization for the Use of Military Force authorize his continued detention pursuant to the existence of hostilities in Afghanistan?
NIFLA v. Becerra
Free Speech
U.S. Supreme Court Case No. 16-1140
Argued: Tue, Mar 20, 2018
NIFLA v. Becerra
Do the disclosures required by the California Reproductive Fact Act violate the protections set forth in the free speech clause of the First Amendment?
Sveen v. Melin
Contracts Clause
U.S. Supreme Court Case No. 16-1432
Argued: Mon, Mar 19, 2018
Sveen v. Melin
Does the application of a revocation-upon-divorce statute to a contract signed before the statute’s enactment violate the Contracts Clause?
Brackeen v. Bernhardt
Civil Rights
U.S. Court of Appeals for the Fifth Circuit Case No. 18-11479
Argued: Wed, Mar 13, 2019
Brackeen v. Bernhardt
Is the preference given to Native American families in foster care and adoption proceedings of Native American children under the Indian Child Welfare Act constitutional?
United States v. California
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 18-16496
Argued: Wed, Mar 13, 2019
United States v. California
Can California limit police cooperation with immigration officials, require inspections of immigration detention facilities, and bar employers from allowing warrantless immigration searches?
CREW v. Trump
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5150
Argued: Fri, Mar 15, 2019
CREW v. Trump
Does the White House’s use of private email and other applications that fail to preserve government communications violate the Presidential Records Act?
In re Trump
Civil Procedure
U.S. Court of Appeals for the Fourth Circuit Case No. 18-2486
Argued: Tue, Mar 19, 2019
In re Trump
May the president be sued directly in his official capacity?
DC and Maryland v. Trump
Executive Power
U.S. Court of Appeals for the Fourth Circuit Case No. 18-2488
Argued: Tue, Mar 19, 2019
DC and Maryland v. Trump
Does the President’s continuing financial interest in the Trump Washington Hotel violate the Emoluments Clause?
Tennessee v Department of State
Federalism
U.S. Court of Appeals for the Sixth Circuit Case No. 18-5478
Argued: Tue, Mar 19, 2019
Tennessee v Department of State
Does the Refugee Act, which requires States to resettle federally admitted refugees, unconstitutionally infringe upon State sovereignty under the 10th Amendment?
Guedes v. ATF
Second Amendment
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5042
Argued: Fri, Mar 22, 2019
Guedes v. ATF
Is the ATF regulation banning “bump stocks,” which increase the rate of fire of semi-automatic rifles, lawful and constitutional?
VA House of Delegates v. Bethune-Hill
Election Law
U.S. Supreme Court Case No. 18-281
Argued: Mon, Mar 18, 2019
VA House of Delegates v. Bethune-Hill
Did Virginia comply with the Voting Rights Act in drawing its majority-minority districts for the Virginia House of Delegates?
Smith v. Berryhill
Administrative Law
U.S. Supreme Court Case No. 17-1606
Argued: Mon, Mar 18, 2019
Smith v. Berryhill
Is the rejection of a disability claim from the Social Security Administration’s Appeals Council on the ground that the claimant’s appeal was untimely a “final decision” subject to judicial review?
Cochise Consultancy v. Hunt
Civil Procedure
U.S. Supreme Court Case No. 18-315
Argued: Tue, Mar 19, 2019
Cochise Consultancy v. Hunt
May a relator in a False Claims Act qui tam action rely on the statute of limitations in 31 U.S.C. 3731(b)(2) in a suit in which the United States has declined to intervene?
Flowers v. Mississippi
Criminal Procedure
U.S. Supreme Court Case No. 17-9572
Argued: Wed, Mar 20, 2019
Flowers v. Mississippi
Can a prosecutor’s history of race discrimination be dismissed as irrelevant when assessing the credibility of his proffered explanations for peremptory strikes against minority jurors?
Knight First Amendment Institute v. Trump
Free Speech
U.S. Court of Appeals for the Second Circuit Case No. 18-1691
Argued: Tue, Mar 26, 2019
Knight First Amendment Institute v. Trump
Is @realDonaldTrump a public forum, such that the President is forbidden from blocking followers?
PDR Network v. Carlton & Harris Chiropractic
Administrative Law
U.S. Supreme Court Case No. 17-1705
Argued: Mon, Mar 25, 2019
PDR Network v. Carlton & Harris Chiropractic
Does the Hobbs Act require a district court to accept the FCC’s legal interpretation of the Telephone Consumer Protection Act?
Dutra Group v. Batterton
Civil Procedure
U.S. Supreme Court Case No. 18-266
Argued: Mon, Mar 25, 2019
Dutra Group v. Batterton
May punitive damages be awarded to a Jones Act seaman in a personal injury suit alleging a breach of the duty to provide a seaworthy vessel?
Rucho v. Common Cause
Election Law
U.S. Supreme Court Case No. 18-422
Argued: Tue, Mar 26, 2019
Rucho v. Common Cause
Is partisan gerrymandering unconstitutional and, if so, remediable by the courts?
Lamone v. Benisek
Election Law
U.S. Supreme Court Case No. 18-726
Argued: Tue, Mar 26, 2019
Lamone v. Benisek
Did Maryland unconstitutionally discriminate against voters on the basis of viewpoint in redistricting?
Kisor v. Wilkie
Administrative Law
U.S. Supreme Court Case No. 18-15
Argued: Wed, Mar 27, 2019
Kisor v. Wilkie
Should the Court overturn Auer deference, under which courts defer to an agency’s interpretation of its own ambiguous regulations?
United States v. Dixon
Fourth Amendment
U.S. Court of Appeals for the Ninth Circuit Case No. 19-10112
Argued: Mon, Mar 2, 2020
United States v. Dixon
Is it a search to insert a key into a lock of a car?
Squeri v Mount Ida College
Contracts
U.S. Court of Appeals for the First Circuit Case No. 19-1624
Argued: Mon, Mar 2, 2020
Squeri v Mount Ida College
Do colleges and universities owe a fiduciary duty to their students?
New York v. United States
Immigration
U.S. Court of Appeals for the Second Circuit Case No. 19-3591
Argued: Mon, Mar 2, 2020
New York v. United States
Is New York entitled to an injunction of the Trump Administration’s public charge rule?
National Coalition for Men v. Selective Service Administration
Civil Rights
U.S. Court of Appeals for the First Circuit Case No. 19-20272
Argued: Tue, Mar 3, 2020
National Coalition for Men v. Selective Service Administration
Has the opening of combat positions to women rendered the all-male draft no longer constitutional?
Nasrallah v. Barr
Immigration
U.S. Supreme Court Case No. 18-1432
Argued: Mon, Mar 2, 2020
Nasrallah v. Barr
Do courts of appeals possess jurisdiction to review factual findings underlying denials of withholding (and deferral) of removal?
DHS v. Thuraissigiam
Immigration
U.S. Supreme Court Case No. 19-161
Argued: Mon, Mar 2, 2020
DHS v. Thuraissigiam
Does 1252(e)(2), which bars habeas petitions in certain cases of expedited removal, violate the Suspension Clause?
Seila Law LLC v. Consumer Protection Bureau
Separation of Powers
U.S. Supreme Court Case No. 19-7
Argued: Tue, Mar 3, 2020
Seila Law LLC v. Consumer Protection Bureau
Do the tenure protections afforded the head of the Consumer Financial Protection Bureau violate the separation of powers?
Liu v. SEC
Separation of Powers
U.S. Supreme Court Case No. 18-1501
Argued: Tue, Mar 3, 2020
Liu v. SEC
May the SEC seek and obtain disgorgement from a court as equitable relief for a securities law violation?
June Medical Serv. v. Russo
Abortion
U.S. Supreme Court Case No. 18-1323
Argued: Wed, Mar 4, 2020
June Medical Serv. v. Russo
Does Louisiana requirement that physicians who perform abortions have admitting privileges at a local hospital constitute an undue burden?
Al-Hela v. Trump
War Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5079
Argued: Thu, Mar 5, 2020
Al-Hela v. Trump
Could an agent of Yemen’s secret-police (Political Security Organization) be detained in Guantanamo for providing support to Al Qaeda?
Alston v. NCAA
Antitrust Law
U.S. Court of Appeals for the Ninth Circuit Case No. 19-15566
Argued: Mon, Mar 9, 2020
Alston v. NCAA
Do the NCAA’s caps on benefits that schools may give to student athletes violate the anti-trust laws?
Preterm-Cleveland v. Acton
Abortion
U.S. Court of Appeals for the Sixth Circuit Case No. 18-3329
Argued: Wed, Mar 11, 2020
Preterm-Cleveland v. Acton
May Ohio forbid doctors from terminating a pregnancy because the fetus is disabled?
United States v. Gatto
Criminal Procedure
U.S. Court of Appeals for the Second Circuit Case No. 19-783
Argued: Fri, Mar 13, 2020
United States v. Gatto
Does someone commit wire fraud when they provide money or other compensation to student athletes in violation of NCAA rules?
Association for Community Affiliated Plans v. Treasury
Administrative Law
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5212
Argued: Fri, Mar 20, 2020
Association for Community Affiliated Plans v. Treasury
Did the Trump Administration improperly expand Obamacare exceptions for short-term health insurance policies?
Karem v. Trump
Free Speech
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5255
Argued: Mon, Mar 23, 2020
Karem v. Trump
Did the Trump Administration violate the First Amendment when it revoked Playboy’s White House press credentials?
Gonzalez v. Google
Free Speech
U.S. Court of Appeals for the Ninth Circuit Case No. 18-16700
Argued: Thu, Mar 26, 2020
Gonzalez v. Google
May the victims of terrorist attacks sue social media companies under the Anti-Terrorism Act for failing to prevent terrorist content on their services?
Taamneh v. Twitter
Free Speech
U.S. Court of Appeals for the Ninth Circuit Case No. 18-17192
Argued: Thu, Mar 26, 2020
Taamneh v. Twitter
May the victims of terrorist attacks sue social media companies under the Anti-Terrorism Act for failing to prevent terrorist content on their services?
Wisconsin Central Ltd. v. United States
Tax
U.S. Supreme Court Case No. 17-530
Argued: Mon, Apr 16, 2018
Wisconsin Central Ltd. v. United States
Is stock that a railroad transfers to its employees taxable under the Railroad Retirement Tax Act, 26 U.S.C. § 3231(e)(l)?
WesternGeco LLC v. ION Geophysical Corp.
Intellectual Property
Case No. 16-1011
Argued: Mon, Apr 16, 2018
WesternGeco LLC v. ION Geophysical Corp.
Are lost profits arising from prohibited combinations occurring outside of the United States available in cases where patent infringement is proven under 35 U.S.C.§ 271(f)?
South Dakota v. Wayfair
Commerce Clause
U.S. Supreme Court Case No. 17-494
Argued: Tue, Apr 17, 2018
South Dakota v. Wayfair
Should the Court overrule Quill, permitting States to require vendors to collect sales-taxes when they are not physically present in the State?
Arizona v. Maricopa County Community College District
Are DACA recipients who are lawfully present in this country while they are participating in the DACA program eligible for resident tuition in Arizona’s public colleges?
Doe v. Mattis
War Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5032
Argued: Thu, Apr 5, 2018
Doe v. Mattis
In the case of a U.S. citizen being detained without trial in Iraq on suspicion of fighting with ISIS, did the district court err when it enjoined the military from transferring him without notice to another country?
Lamar, Archer & Cofrin v. Appling
Bankruptcy
Case No. 16-1215
Argued: Tue, Apr 17, 2018
Lamar, Archer & Cofrin v. Appling
When is a statement concerning a specific asset a “statement respecting the debtor’s … financial condition‚Äù within the meaning of §523(a)(2)?
Lagos v. United States
Criminal Procedure
U.S. Supreme Court Case No. 16-1519
Argued: Wed, Apr 18, 2018
Lagos v. United States
Does the Mandatory Victims Restitution Act allow restitution for costs that were “neither required nor requested” by the government, including costs incurred for the victim’s own purposes and unprompted by any official government action?
Washington v. United States
Federalism
U.S. Supreme Court Case No. 17-269
Argued: Wed, Apr 18, 2018
Washington v. United States
Do fishing treaties entered into with Indian tribes allow the federal government to compel a State to undertake environmental repairs under those treaties?
Did Marquette University violate the free speech rights of professor John McAdams, when it suspended him for writing a blog post that attacked a graduate student and philosophy instructor who told students that everybody agrees with gay rights and included a link to her contact information.
Trump v. Hawaii
Immigration
U.S. Supreme Court Case No. 17-965
Argued: Wed, Apr 25, 2018
Trump v. Hawaii
Does Presidential Proclamation No. 9645, which bans foreign nationals from certain Muslim majority countries, violate the Immigration and Nationality Act and the Establishment Clause?
Does Missouri’s Human Rights Act, which prohibits discrimination on the basis of sex, prohibit public schools from discriminating against transgender students?
Lucia v. SEC
Separation of Powers
Case No. 17-130
Argued: Mon, Apr 23, 2018
Lucia v. SEC
Are the SEC’s Administrative Law Judges “officers” for purposes of the Appointments Clause?
Animal Science Products v. Hebei Welcome Pharmaceutical Co.
International Law
U.S. Supreme Court Case No. 16-1220
Argued: Mon, Apr 23, 2018
Animal Science Products v. Hebei Welcome Pharmaceutical Co.
May a court exercise independent review of an appearing foreign sovereign’s interpretation of its own domestic law?
Pereira v. Sessions
Immigration
U.S. Supreme Court Case No. 17-459
Argued: Mon, Apr 23, 2018
Pereira v. Sessions
To trigger the stop-time rule in a removal proceeding by serving a “notice to appear,” must the government specify the items listed in the definition of a “notice to appear,” including “[t]he time and place at which the proceedings will be held”?
Chavez-Meza v. United States
Criminal Procedure
U.S. Supreme Court Case No. 17-5639
Argued: Mon, Apr 23, 2018
Chavez-Meza v. United States
When a district court decides not to grant a proportional sentence reduction under 18 U.S.C. § 3582(c)(2), must it provide some explanation for its decision when the reasons are not otherwise apparent from the record?
Abbott v. Perez
Election Law
U.S. Supreme Court Case No. 17-586
Argued: Tue, Apr 24, 2018
Abbott v. Perez
Did the Texas legislature violate the Voting Rights Act by acting with racially discriminatory intent while redistricting?
Doe v. Mattis
War Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5032
Argued: Fri, Apr 27, 2018
Doe v. Mattis
Can a district court prohibit the military from transferring an American citizen held in military custody in Iraq to Saudi Arabia?
MD v. Abbott
Civil Rights
U.S. Court of Appeals for the Fifth Circuit Case No. 18-40057
Argued: Mon, Apr 30, 2018
MD v. Abbott
Does the alleged underfunding of Texas’ foster care system violate the children’s constitutional right “to be reasonably safe from harm while in government custody”?
Massachusetts v. HHS
Civil Procedure
U.S. Court of Appeals for the First Circuit Case No. 18-1514
Argued: Wed, Apr 3, 2019
Massachusetts v. HHS
May Massachusetts challenge the Trump Administration’s rule, permitting employers not to cover contraception in their health plans?
Does the deliberate refusal to give a child medical treatment on religious grounds constitute negligent parenting?
Chicago v. Barr
Immigration
U.S. Court of Appeals for the Seventh Circuit Case No. 18-2885
Argued: Wed, Apr 10, 2019
Chicago v. Barr
May the Trump Administration restrict the disbursement of “public safety” funds to so-called sanctuary cities?
Horton v. Midwest Geriatric Management
Civil Rights
U.S. Court of Appeals for the Eighth Circuit Case No. 18-1104
Argued: Wed, Apr 17, 2019
Horton v. Midwest Geriatric Management
Does Title VII, which prohibits workplace discrimination on the basis of sex, prohibit discrimination on the basis of sexual orientation?
Iancu v. Brunetti
Free Speech
U.S. Supreme Court Case No. 18-302
Argued: Mon, Apr 15, 2019
Iancu v. Brunetti
Is the prohibition on the registration of ‘immoral’ or ‘scandalous’ trademarks facially invalid under the First Amendment?
Emulex Corp. v. Varjabedian
Civil Procedure
U.S. Supreme Court Case No. 18-459
Argued: Mon, Apr 15, 2019
Emulex Corp. v. Varjabedian
Is there an implied private right of action under the Securities and Exchange Act for a negligent misstatement or omission made in connection with a tender offer?
Parker Drilling Mgmt. Services v. Newton
Federalism
U.S. Supreme Court Case No. 18-389
Argued: Tue, Apr 16, 2019
Parker Drilling Mgmt. Services v. Newton
Under what circumstances does state law govern claims brought under the Outer Continental Shelf Lands Act?
North Carolina Dept. of Revenue v. Kaestner Family Trust
Tax
U.S. Supreme Court Case No. 18-457
Argued: Tue, Apr 16, 2019
North Carolina Dept. of Revenue v. Kaestner Family Trust
Does the Due Process Clause prohibit states from taxing trusts based on trust beneficiaries’ in-state residency?
United States v. Davis
Criminal Procedure
U.S. Supreme Court Case No. 18-431
Argued: Wed, Apr 17, 2019
United States v. Davis
Is the phrase ‘crime of violence’ in 18 U.S.C. 924(c)(3)(B) unconstitutionally vague?
Innovation Law Lab v. McAleenan
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 19-15716
Argued: Wed, Apr 24, 2019
Innovation Law Lab v. McAleenan
May the Trump Administration require asylum seekers to remain in Mexico pending the review of their asylum applications?
Food Marketing Institute v. Argus Leader Media
FOIA
U.S. Supreme Court Case No. 18-481
Argued: Mon, Apr 22, 2019
Food Marketing Institute v. Argus Leader Media
What non-public “commercial or financial information” must the Government to withhold under Exemption 4 of the Freedom of Information Act?
Fort Bend County, TX v. Davis
Civil Procedure
U.S. Supreme Court Case No. 18-525
Argued: Mon, Apr 22, 2019
Fort Bend County, TX v. Davis
Is Title VII’s administrative exhaustion requirement before the EEOC a jurisdictional prerequisite to suit or a waivable claim-processing rule?
Dept. of Commerce v. New York
Administrative Law
U.S. Supreme Court Case No. 18-966
Argued: Tue, Apr 23, 2019
Dept. of Commerce v. New York
Did the Secretary of Commerce violate the Administrative Procedures Act when he added a citizenship question to the 2020 census questionnaire?
Mitchell v. Wisconsin
Fourth Amendment
U.S. Supreme Court Case No. 18-6210
Argued: Tue, Apr 23, 2019
Mitchell v. Wisconsin
Does a statute authorizing a blood draw from an unconscious motorist without a warrant consistent with the Fourth Amendment?
Rehaif v. United States
Criminal Procedure
U.S. Supreme Court Case No. 17-9560
Argued: Tue, Apr 23, 2019
Rehaif v. United States
To violate 18 U.S.C.§ 922(g), prohibiting the knowing possession of a firearm by someone unlawfully in the United States, must the accused know both that they are in possession of a firearm and unlawfully in the United States?
Quarles v. United States
Criminal Procedure
U.S. Supreme Court Case No. 17-778
Argued: Wed, Apr 24, 2019
Quarles v. United States
Does generic burglary require proof of the intent to commit a crime at the time of unlawful entry or first unlawful remaining, or at any time while remaining in the building or structure?
Taggart v. Lorenzen
Bankruptcy
U.S. Supreme Court Case No. 18-489
Argued: Wed, Apr 24, 2019
Taggart v. Lorenzen
Under the Bankruptcy Code, does a creditor’s good-faith belief that the discharge injunction does not apply preclude a finding of civil contempt?
Cain v. New Orleans
Criminal Procedure
U.S. Court of Appeals for the Fifth Circuit Case No. 18-30955
Argued: Tue, Apr 30, 2019
Cain v. New Orleans
May a judge assess a defendant’s ability to pay a fine and incarcerate him for failure to pay, when the revenue from those fines makes up a significant portion of the courts’ budget?
Singh v. Uber
Labor
U.S. Court of Appeals for the Third Circuit Case No. 17-1397
Argued: Mon, Apr 29, 2019
Singh v. Uber
Must Uber drivers arbitrate their labor claims?
United States House of Representatives v. Mnuchin
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5331
Argued: Tue, Apr 28, 2020
United States House of Representatives v. Mnuchin
May the House enforce its subpoenas in the courts?
MillerCoors v. Anheuser-Busch
Civil Procedure
U.S. Court of Appeals for the Seventh Circuit Case No. 19-2200
Argued: Tue, Apr 28, 2020
MillerCoors v. Anheuser-Busch
Can Miller pursue an unfair competition claim against Budweiser for claiming its beer contains “no corn syrup” when beer drinkers don’t seem to care?
Charles v. Seinfeld
Intellectual Property
U.S. Court of Appeals for the Second Circuit Case No. 19-3335
Argued: Wed, Apr 29, 2020
Charles v. Seinfeld
May the purported co-creator of Comedians in Cars Getting Coffee wait too long to sue for copyright infringement?
Regents v. DHS
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 18-15068
Argued: Tue, May 15, 2018
Regents v. DHS
Did the Secretary of the Department of Homeland Security have the discretion to rescind the Deferred Action for Childhood Arrivals (DACA) program, which exempted undocumented immigrants who came to the United States as minors from deportation?
Moses and Weinbaum v. Ruszkowski and ABQ Academy
Religious Liberty
New Mexico Supreme Court Case No. S-1-SC-34974
Argued: Mon, May 7, 2018
Moses and Weinbaum v. Ruszkowski and ABQ Academy
In light of Trinity Lutheran Church of Columbia, Inc. v. Comer, is New Mexico’s state constitutional ban on the taxpayer funding of private schools unconstitutional religious discrimination?
Grimm v. Gloucester County School Board
Civil Rights
U.S. Court of Appeals for the Fourth Circuit Case No. 19-1952
Argued: Tue, May 26, 2020
Grimm v. Gloucester County School Board
May a school require high-school students to use the bathroom that conforms to their sex at birth?
Nevada Department of Corrections vs. District Court (Dozier (Scott))
Death Penalty
Nevada Supreme Court Case No. 74679
Argued: Tue, May 8, 2018
Nevada Department of Corrections vs. District Court (Dozier (Scott))
Does the use of a paralytic drug in a lethal injection protocol violate the Eighth Amendment?
Prevent Sanctuary Cities v. Haley
Immigration
Nevada Supreme Court Case No. 74966
Argued: Tue, May 8, 2018
Prevent Sanctuary Cities v. Haley
Is a proposed Nevada ballot initiative that would require state and local officials to always assist federal immigration enforcement “excessively broad and general”?
Orus Berkley v. Mountain Valley Pipeline, LLC
Separation of Powers
U.S. Court of Appeals for the Fourth Circuit Case No. 18-1042
Argued: Thu, May 10, 2018
Orus Berkley v. Mountain Valley Pipeline, LLC
Is Congress’ delegation of eminent domain power to the Federal Energy Regulatory Commission an impermissible delegation of legislative power?
Doe v. Boyertown School District
Civil Rights
U.S. Court of Appeals for the Third Circuit Case No. 17-3113
Argued: Thu, May 24, 2018
Doe v. Boyertown School District
May a school district be compelled to sex segregate its facilities so that transgender students must be forbidden from using the bathrooms and locker rooms that conform to their preferred gender?
Mitchell v. Roberts
Civil Rights
Utah Supreme Court Case No. 20170447
Argued: Mon, May 14, 2018
Mitchell v. Roberts
In the case of a former D.C. federal judge sued for rape, was it constitutional for Utah to revive and extend an expired statute of limitations for child sex assault?
Zullo v. Vermont
Fourth Amendment
Vermont Supreme Court Case No. 17-284a
Argued: Wed, May 30, 2018
Zullo v. Vermont
Is Vermont’s “sniff test” policy lawful, where it allows a state police trooper to order the search of a vehicle based upon the smell of marijuana?
Speedway LLC v. Wray
Property
Case No. 17-0813
Argued: Tue, May 7, 2019
Speedway LLC v. Wray
Does a closure of a highway’s point of access to a local property constitute a taking of the property?
Planned Parenthood of Greater Texas v. Phillips
Abortion
U.S. Court of Appeals for the Fifth Circuit Case No. 17-50282
Argued: Tue, May 14, 2019
Planned Parenthood of Greater Texas v. Phillips
May Texas selectively refuse to provide Medicaid funding to Planned Parenthood?
Illinois v. Austin
Free Speech
Illinois Supreme Court Case No. 123910
Argued: Tue, May 14, 2019
Illinois v. Austin
Do laws making it a crime to disseminate ‘revenge porn’ violate the First Amendment?
Patent & Trademark Office v. Booking.com
Intellectual Property
U.S. Supreme Court Case No. 19-46
Argued: Mon, May 4, 2020
Patent & Trademark Office v. Booking.com
Can the addition of a generic top-level domain (‘.com’) to an otherwise generic term create a protectable trademark?
Soul’d Out Productions v. Anschutz Entertainment Group
Contracts
U.S. Court of Appeals for the Ninth Circuit Case No. 19-35301
Argued: Mon, May 4, 2020
Soul’d Out Productions v. Anschutz Entertainment Group
Do Coachella’s exclusivity agreements with performing artists interfere with the contract rights of other music festivals?
USAID v. Alliance For Open Society International
Free Speech
U.S. Supreme Court Case No. 19-177
Argued: Tue, May 5, 2020
USAID v. Alliance For Open Society International
May the government require foreign aid recipients to confirm that their overseas affiliates have a policy explicitly opposing prostitution and sex trafficking?
Little Sisters of the Poor v. Pennsylvania
Religious Liberty
U.S. Supreme Court Case No. 19-431
Argued: Wed, May 6, 2020
Little Sisters of the Poor v. Pennsylvania
Did the federal government lawfully exempt religious objectors from the regulatory requirement to provide health plans that include contraceptive coverage?
Wisconsin Legislature v. Palm
Police Powers
Wisconsin Supreme Court Case No. 20AP765
Argued: Tue, May 5, 2020
Wisconsin Legislature v. Palm
Did the Wisconsin Department of Health Services have the legal authority to order “nonessential businesses” to close in order to contain the COVID-19 pandemic?
Barr, Att’y Gen. v. American Assn. of Political Consultants
Free Speech
U.S. Supreme Court Case No. 19-631
Argued: Wed, May 6, 2020
Barr, Att’y Gen. v. American Assn. of Political Consultants
Does the federal debt collection exception to the federal prohibition on automated telephone calling violate the First Amendment and, if so, is it severable?
Boulder County Commissioners v. Suncor Energy
Environmental Law
U.S. Court of Appeals for the 10th Circuit Case No. 19-1330
Argued: Wed, May 6, 2020
Boulder County Commissioners v. Suncor Energy
Are Boulder’s Colorado law claims against energy companies for damages arising from climate change preempted by federal law?
Casa De Maryland v. Donald Trump
Immigration
U.S. Court of Appeals for the Fourth Circuit Case No. 19-2222
Argued: Fri, May 8, 2020
Casa De Maryland v. Donald Trump
May the Trump Administration impose a public charge rule to deny immigration status to individuals who have or may use public benefits?
USPS v. PRC
Administrative Law
U.S. Court of Appeals for the D.C. Circuit Case No. 19-1155
Argued: Fri, May 8, 2020
USPS v. PRC
May the Post Office be required to publish information regarding foreign deliveries for which artificially low prices distort competition among carriers?
McGirt v. Oklahoma
Federalism
U.S. Supreme Court Case No. 18-9526
Argued: Mon, May 11, 2020
McGirt v. Oklahoma
Can Oklahoma assert criminal jurisdiction over Indians accused of offenses covered by the Indian Major Crimes-Act?
Our Lady of Guadalupe v. Morrissey-Berru
Religious Liberty
U.S. Supreme Court Case No. 19-267
Argued: Mon, May 11, 2020
Our Lady of Guadalupe v. Morrissey-Berru
Does the First Amendment bar employment discrimination claims brought by employees against religious employers, where employees carry out important religious functions?
Trump v. Mazars
Separation of Powers
U.S. Supreme Court Case No. 19-715
Argued: Tue, May 12, 2020
Trump v. Mazars
Does a Congressional committee have the constitutional and statutory authority to subpoena the President’s financial records?
Trump v. Vance
Separation of Powers
U.S. Supreme Court Case No. 19-635
Argued: Tue, May 12, 2020
Trump v. Vance
May a local prosecutor subpoena Presidential records that are otherwise within the prosecutor’s jurisdiction?
Crowe v. Oregon State Bar
First Amendment
U.S. Court of Appeals for the Ninth Circuit Case No. 19-35463
Argued: Wed, May 13, 2020
Crowe v. Oregon State Bar
Does the compelled membership in the Oregon State Bar violate lawyers’ First Amendment rights?
Chiafalo v. Washington
Election Law
U.S. Supreme Court Case No. 19-465
Argued: Wed, May 13, 2020
Chiafalo v. Washington
May a state require for whom electors may vote in a Presidential election?
Colorado Dept. of State v. Baca
Election Law
U.S. Supreme Court Case No. 19-518
Argued: Wed, May 13, 2020
Colorado Dept. of State v. Baca
Does an elector have standing to challenge the constitutionality of a state law requiring them to vote for the winner of the state’s popular vote under the Twelfth Amendment?
Kearns v. Cuomo
Civil Procedure
U.S. Court of Appeals for the Second Circuit Case No. 19-3769
Argued: Wed, May 13, 2020
Kearns v. Cuomo
Does a motor vehicles employee have standing to challenge a New York law that allows undocumented immigrants to obtain drivers’ licenses?
Flores v. Barr
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 19-56326
Argued: Tue, May 19, 2020
Flores v. Barr
Should the Flores settlement, which set limits on the duration and conditions under which migrant families could be detained, be abrogated to allow ICE greater leeway?
In re Texas
Election Law
Texas Supreme Court Case No. 20-394
Argued: Wed, May 20, 2020
In re Texas
Does fear of COVID infection constitute a valid physical condition to be entitled to vote by mail in Texas?
La Liberte v. Reid
Free Speech
U.S. Court of Appeals for the Second Circuit Case No. 19-3574
Argued: Thu, May 14, 2020
La Liberte v. Reid
Was a woman who spoke at a public hearing in opposition to California’s sanctuary cities law a public figure, such that Joy Reid cannot be sued for posting allegedly misleading tweets that called the woman racist?
In re Flynn
Criminal Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 20-5143
Argued: Fri, Jun 12, 2020
In re Flynn
Is the former National Security Advisor entitled to a writ of mandamus dismissing charges to which he already pled guilty where the Justice Department later decides to move to dismiss the charges?
In re Clinton
Civil Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 20-5056
Argued: Tue, Jun 2, 2020
In re Clinton
May the former Secretary of State be compelled to testify in a public records case about her reasons for using a private email server?
Nwanguma, et al. v. Donald Trump
Free Speech
U.S. Court of Appeals for the Sixth Circuit Case No. 17-6290
Argued: Wed, Jun 6, 2018
Nwanguma, et al. v. Donald Trump
Does the First Amendment protect Donald Trump from liability for injuries that followed from his encouraging supporters to forcibly eject protestors from his rallies?
Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc
Federalism
U.S. Court of Appeals for the Federal Circuit Case No. 18-1638
Argued: Mon, Jun 4, 2018
Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc
Does Native American tribal immunity shield tribes from Patent Trial and Appeal Board review of intellectual property claims?
Planned Parenthood v. Smith
Civil Rights
U.S. Court of Appeals for the Fifth Circuit Case No. 17-50282
Argued: Mon, Jun 4, 2018
Planned Parenthood v. Smith
May Texas deny Medicaid funding to Planned Parenthood based on the claim that it violated accepted medical and ethical standards?
Amarin v. ITC
Civil Procedure
U.S. Court of Appeals for the Federal Circuit Case No. 18-1247
Argued: Fri, Jun 8, 2018
Amarin v. ITC
Can private parties bring complaints before the International Trade Commission to enforce the Food, Drug and Cosmetics Act?
Shepard v. Florida
Criminal Procedure
Florida Supreme Court Case No. SC17-1952
Argued: Wed, Jun 6, 2018
Shepard v. Florida
Is a car a deadly weapon?
Americans for Prosperity Found v. Becerra
Free Speech
U.S. Court of Appeals for the Ninth Circuit Case No. 16-55727
Argued: Mon, Jun 25, 2018
Americans for Prosperity Found v. Becerra
Is California Government Code § 12580 et seq. which requires political organizations to disclose the identities of their donors constitutional?
Thomas More Law Center v. Becerra
Free Speech
U.S. Court of Appeals for the Ninth Circuit Case No. 16-56855
Argued: Mon, Jun 25, 2018
Thomas More Law Center v. Becerra
May California require political organizations to annually submit their IRS Form 990, Schedule B, which lists their donor information?
Juliana v. United States
Environmental Law
U.S. Court of Appeals for the Ninth Circuit Case No. 18-36082
Argued: Tue, Jun 4, 2019
Juliana v. United States
Does the United States have a constitutional obligation to minor children to try and prevent climate change?
Fleck v. Wetch
Free Speech
U.S. Court of Appeals for the Eighth Circuit Case No. 16-1564
Argued: Thu, Jun 13, 2019
Fleck v. Wetch
Do mandatory bar association dues violate the First Amendment?
Indiana v. Timbs
Criminal Procedure
Indiana Supreme Court Case No. 27A04-1511-MI-01976
Argued: Fri, Jun 28, 2019
Indiana v. Timbs
Following a remand from the Supreme Court, does the forfeiture of an automobile following a conviction for drug trafficking violate the Excessive Fines Clause?
New Hampshire Lottery Commission v. Barr
Federalism
U.S. Court of Appeals for the First Circuit Case No. 19-1835
Argued: Thu, Jun 18, 2020
New Hampshire Lottery Commission v. Barr
Under the Wire Act, may the Justice Department prevent states from operating non-sports online gambling enterprises?
Johnson v. National Football League
Entertainment Law
U.S. Court of Appeals for the Second Circuit Case No. 19-2734
Argued: Wed, Jun 24, 2020
Johnson v. National Football League
Does Philadelphia Eagles lineman Lane Johnson’s admission that he took banned substances justify his 10-game suspension?
Glass v. Paxton
First Amendment
U.S. Court of Appeals for the Fifth Circuit Case No. 17-50641
Argued: Wed, Jul 11, 2018
Glass v. Paxton
Do Texas’ campus carry law and the University of Texas’ campus carry policy chill academic freedom by allowing students to carry firearms on campus?
Citizens Protecting MI’s Constitution v Secretary of State
Citizens Protecting MI’s Constitution v Secretary of State
Does a Michigan ballot initiative to create an independent redistricting commission comply violate the State’s constitution?
Broward Bulldog v. DOJ
FOIA
U.S. Court of Appeals for the Eleventh Circuit Case No. 17-13787
Argued: Thu, Jul 19, 2018
Broward Bulldog v. DOJ
Did the DOJ properly withhold documents related to Saudi involvement in the September 11th attacks?
EMW Women’s Surgical Center v. Andrew Beshear et al.
Abortion
U.S. Court of Appeals for the Sixth Circuit Case No. 17-6151
Argued: Wed, Jul 25, 2018
EMW Women’s Surgical Center v. Andrew Beshear et al.
May Kentucky require doctors to show images of a fetal ultrasound and play audio of a fetal heartbeat before performing an abortion?
Texas v. United States
Healthcare
U.S. Court of Appeals for the Fifth Circuit Case No. 19-00011
Argued: Tue, Jul 9, 2019
Texas v. United States
Did the repeal of the Affordable Care Act’s tax on not having health insurance require the invalidation of the entire law?
Trump v. Mazars
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5142
Argued: Fri, Jul 12, 2019
Trump v. Mazars
May the Executive refuse to comply with a Congressional subpoena based upon its assertion that it lacks a legitimate legislative purpose?
Arbitration
U.S. Court of Appeals for the Ninth Circuit Case No. 17-55813
Argued: Fri, Jul 12, 2019
Must arbitrators disclose whether they have an ownership stake in the arbitration company for whom they work?
Alfred v. Disney
Intellectual Property
U.S. Court of Appeals for the Ninth Circuit Case No. 19-55669
Argued: Mon, Jul 6, 2020
Alfred v. Disney
In an infringement suit against Pirates of the Caribbean, are “cockiness, bravery, and drunkenness … generic, non-distinct characteristics” of pirates, and therefore not protectable?
Do the citizens of Tennessee have the right to cast absentee ballots due to the COVID pandemic?
Ryan v ICE
Immigration
U.S. Court of Appeals for the First Circuit Case No. 19-1838
Argued: Wed, Jul 29, 2020
Ryan v ICE
Is there a common law privilege that bars Immigration and Customs Enforcement from making immigration arrests in state courthouses?
Hawaii v. Trump
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 17-16426
Argued: Mon, Aug 28, 2017
Hawaii v. Trump
Is the Trump Administration’s narrow definition of “close family member” and “bona fide” traveler consistent with the Supreme Court’s modification of the preliminary injunction issued in Trump v. Hawaii?
Center for Bio. Diversity v. USDHS
Environmental Law
U.S. Court of Appeals for the Ninth Circuit Case No. 18-55474
Argued: Tue, Aug 7, 2018
Center for Bio. Diversity v. USDHS
Did the Trump Administration improperly waive environmental regulations in order to build the wall on the southern border?
Ragbir v. Homan
Free Speech
U.S. Court of Appeals for the Second Circuit Case No. 18-1597
Argued: Tue, Aug 14, 2018
Ragbir v. Homan
Can an immigration activist stay his deportation on the ground that ICE targeted him in retaliation for his advocacy in violation of the First Amendment?
United States v. Hasbajrami
Fourth Amendment
U.S. Court of Appeals for the Second Circuit Case No. 17-2669
Argued: Mon, Aug 27, 2018
United States v. Hasbajrami
Must evidence obtained under #FISA be suppressed where the government knew, or had reason to know, the communications of U.S. persons would be collected?
Florida v. Peraza
Criminal Procedure
Florida Supreme Court Case No. SC17-1978
Argued: Tue, Aug 28, 2018
Florida v. Peraza
May a police officer invoke Florida’s #StandYourGround law as a defense when prosecuted for shooting an unarmed criminal suspect?
In re Gee
Abortion
U.S. Court of Appeals for the Fifth Circuit Case No. 19-30353
Argued: Fri, Aug 9, 2019
In re Gee
May Texas and Louisiana obtain a writ of mandamus to dismiss lawsuits challenging its enactment of abortion restrictions?
Trump v. Deutsche Bank
Civil Procedure
U.S. Court of Appeals for the Second Circuit Case No. 19-1540
Argued: Fri, Aug 23, 2019
Trump v. Deutsche Bank
May Congress subpoena the tax returns and other financial records of President Trump from a third-party bank?
Cox v. Spirit Airlines
Civil Procedure
U.S. Court of Appeals for the Second Circuit Case No. 18-3484
Argued: Thu, Aug 29, 2019
Cox v. Spirit Airlines
Should passengers of Spirit Airlines be allowed to sue as a class, where Spirit allegedly misrepresented its baggage allowance?
Velasquez-Reyes v. Samsung
Civil Procedure
U.S. Court of Appeals for the Ninth Circuit Case No. 17-56556
Argued: Thu, Aug 29, 2019
Velasquez-Reyes v. Samsung
Does a notice on the packaging of the Samsung Galaxy S7 constitute a “clear statement” that the purchaser agrees to arbitration?
Rranxburgaj v. Nielsen
Immigration
U.S. Court of Appeals for the Sixth Circuit Case No. 19-2148
Argued: Wed, Aug 5, 2020
Rranxburgaj v. Nielsen
Does a non-citizen become a “fugitive” if they have taken sanctuary in a church to avoid deportation?
In re Flynn
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 20-5143
Argued: Tue, Aug 11, 2020
In re Flynn
In the case of the former National Security Advisor, when the government moves to dismiss an indictment after a guilty plea, and the defendant consents, must the district court automatically dismiss?
McCoy v. DeSantis
Election Law
U.S. Court of Appeals for the Eighth Circuit Case No. 20-12003
Argued: Tue, Aug 18, 2020
McCoy v. DeSantis
May Florida make the restoration of voting rights for re-enfranchised felons contingent upon their payment of all legal financial obligations arising out of their convictions?
Texas Democratic Party v. Abbott
Election Law
U.S. Court of Appeals for the Fifth Circuit Case No. 20-50407
Argued: Mon, Aug 31, 2020
Texas Democratic Party v. Abbott
Do Texas’ mail-in ballot requirements unlawfully discriminate against voters under 65?
Are materials counsel share with an expert witness protected by the attorney-client privilege?
First Amendment Coalition v. Ryan
Death Penalty
U.S. Court of Appeals for the Ninth Circuit Case No. 17-16330
Argued: Wed, Sep 12, 2018
First Amendment Coalition v. Ryan
Does the public have a right to know details about the procedures, drugs, and identities of individuals involved in a state’s execution protocol?
Electronic Privacy Information v. IRS
U.S. Court of Appeals for the D.C. Circuit Case No. 17-5225
Argued: Thu, Sep 13, 2018
Electronic Privacy Information v. IRS
Are the tax returns of Donald Trump (@realdonaldtrump) public records subject to release under FOIA?
United States v. Under Seal
Criminal Procedure
U.S. Court of Appeals for the Fourth Circuit Case No. 19-1703
Argued: Tue, Sep 10, 2019
United States v. Under Seal
May prosecutors create a “taint team” to review the emails of criminal defense attorneys for privilege, or must that be done by a magistrate?
Woodhull Freedom Foundation v. United States
Civil Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5298
Argued: Fri, Sep 20, 2019
Woodhull Freedom Foundation v. United States
Do advocates of free speech on the internet and groups supporting sex workers lack standing to challenge a federal law that targets sex trafficking online?
Skidmore v. Led Zeppelin
Intellectual Property
U.S. Court of Appeals for the Ninth Circuit Case No. 16-56057
Argued: Mon, Sep 23, 2019
Skidmore v. Led Zeppelin
When comparing two songs in a case for copyright infringement (here “Starway to Heaven” and “Taurus”), should the jury be allowed to hear the songs side-by-side, or be limited to looking at sheet music?
DiMartile v. Cuomo
Civil Rights
U.S. Court of Appeals for the Second Circuit Case No. 20-2683
Argued: Fri, Sep 4, 2020
DiMartile v. Cuomo
May New York ban private gatherings of fifty or more persons, such as weddings, in order to prevent the spread of COIVD-19?
CNN v. FBI
FOIA
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5278
Argued: Tue, Sep 15, 2020
CNN v. FBI
Must the FBI turn over unredacted copies of memos that former FBI Director James Comey wrote about his interactions with President Trump?
Students for Fair Admissions v. Harvard
Civil Rights
U.S. Court of Appeals for the First Circuit Case No. 19-2005
Argued: Wed, Sep 16, 2020
Students for Fair Admissions v. Harvard
Does Harvard’s holistic approach to admissions unlawfully disadvantage Asian applicants in favor of other demographics?
United States v. Grant
Criminal Procedure
U.S. Court of Appeals for the Second Circuit Case No. 19-1645
Argued: Mon, Sep 21, 2020
United States v. Grant
May political donors seek favors from the police?
Francis v. King Park Manor
Civil Rights
U.S. Court of Appeals for the Second Circuit Case No. 15-1823
Argued: Thu, Sep 24, 2020
Francis v. King Park Manor
May a tenant bring a suit for housing discrimination if a landlord allows other tenants to create a hostile housing environment?
Little Rock Fam. Planning v. Rutledge
Civil Rights
U.S. Court of Appeals for the Eighth Circuit Case No. 19-2690
Argued: Wed, Sep 23, 2020
Little Rock Fam. Planning v. Rutledge
May States ban abortion after 20 weeks or when done on the basis of sex, race, or disability?
Trump v. Vance
Federalism
U.S. Court of Appeals for the Second Circuit Case No. 20-2766A
Argued: Fri, Sep 25, 2020
Trump v. Vance
May the Manhattan DA subpoena the Trump Organization’s business records?
Young v. Hawaii
Civil Rights
U.S. Court of Appeals for the Ninth Circuit Case No. 12-17808
Argued: Fri, Sep 25, 2020
Young v. Hawaii
Does Hawaii’s requirement that someone must have “good cause” to obtain a permit to carry a gun in public violate the Second Amendment?
Sweeney v. Raoul
Free Speech
U.S. Court of Appeals for the Seventh Circuit Case No. 19-3413
Argued: Tue, Sep 29, 2020
Sweeney v. Raoul
May a state require labor unions to represent nonmember public workers who don’t pay for union services?
U.S. Bank N.A. v. Village at Lakeridge
Bankruptcy
U.S. Supreme Court Case No. 15-1509
Argued: Tue, Oct 31, 2017
U.S. Bank N.A. v. Village at Lakeridge
Is the appropriate standard of review for determining non-statutory insider status in a bankruptcy proceeding the de novo standard of review applied by the Third, Seventh and Tenth Circuit Courts of Appeal, or the clearly erroneous standard of review adopted for the first time by the Ninth Circuit Court of Appeal in this action?
Freedom From Religion Foundation v. Concord Community Schools
Religious Liberty
U.S. Court of Appeals for the Seventh Circuit Case No. 17-1683
Argued: Tue, Oct 31, 2017
Freedom From Religion Foundation v. Concord Community Schools
Does a high school’s performance of a live Nativity scene violate the Establishment Clause?
Wilson v. Sellers
Habeas Corpus
U.S. Supreme Court Case No. 16-6855
Argued: Mon, Oct 30, 2017
Wilson v. Sellers
Did the Court’s decision in Harrington v. Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991), that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision?
Ayestas v. Davis
U.S. Supreme Court Case No. 16-6795
Argued: Mon, Oct 30, 2017
Ayestas v. Davis
Did the Fifth Circuit err in holding that 18 U.S.C. § 3599(f) withholds “reasonably necessary” resources to investigate and develop an IAC claim that state habeas counsel forfeited, where the claimant’s existing evidence does not meet the ultimate burden of proof at the time the § 3599(f) motion is made?
Smith v. Trump
War Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 16-5377
Argued: Fri, Oct 27, 2017
Smith v. Trump
May a service member object to a deployment to combat ISIS as unauthorized by Congress?
BMG v. Cox Communications
Intellectual Property
U.S. Court of Appeals for the Fourth Circuit Case No. 16-1972
Argued: Wed, Oct 25, 2017
BMG v. Cox Communications
When is an internet service provider responsible for copyright infringement by its users?
Garza v. Hargan
Immigration
U.S. Court of Appeals for the D.C. Circuit Case No. 17-5236
Argued: Fri, Oct 20, 2017
Garza v. Hargan
May a non-citizen minor, detained by immigration officials, be denied access to abortion services?
National Assn. of Mfrs. v. Department of Defense
Environmental Law
U.S. Supreme Court Case No. 16-299
Argued: Wed, Oct 11, 2017
National Assn. of Mfrs. v. Department of Defense
Can Federal Rule of Appellate Procedure 4(a)(5)(C) deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, as some circuit courts have concluded, or is it instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as other circuits have concluded, and therefore subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine?
Jesner v. Arab Bank
International Law
U.S. Supreme Court Case No. 16-499
Argued: Wed, Oct 11, 2017
Jesner v. Arab Bank
Can corporations be held liable under the Alien Tort Statute?
***Hamer v. Neighborhood Housing Serv. of Chicago
Civil Procedure
U.S. Supreme Court Case No. 16-658
Argued: Tue, Oct 10, 2017
***Hamer v. Neighborhood Housing Serv. of Chicago
Can Federal Rule of Appellate Procedure 4(a)(5)(C) deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, as some circuit courts have concluded, or is it instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as other circuits have concluded, and therefore subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine?
Williams v. Gaye
Intellectual Property
U.S. Court of Appeals for the Ninth Circuit Case No. 15-56880
Argued: Fri, Oct 6, 2017
Williams v. Gaye
Did the song “Blurred Lines” infringe upon the Marvin Gaye song “Got To Give It Up”?
***Zarda v. Altitude Express, Inc
Labor
U.S. Court of Appeals for the Second Circuit Case No. 15-3775
Argued: Wed, Oct 4, 2017
***Zarda v. Altitude Express, Inc
Does discrimination based upon sexual orientation constitute “gender discrimination” for the purposes of Title VII?
Class v. United States
Criminal Procedure
U.S. Supreme Court Case No. 16-424
Argued: Wed, Oct 4, 2017
Class v. United States
Does a guilty plea inherently waive a defendant’s right to challenge the constitutionality of his statute of conviction?
District of Columbia v. Wesby
Fourth Amendment
U.S. Supreme Court Case No. 15-1485
Argued: Wed, Oct 4, 2017
District of Columbia v. Wesby
Did police officers who found late-night partiers inside a vacant home belonging to someone else have probable cause to arrest the partiers for trespassing under the Fourth Amendment? And in particular, when the owner of a vacant home informs police that he has not authorized entry, does an officer assessing probable cause to arrest those inside for trespassing discredit the suspects’ questionable claims of an innocent mental state?
Jennings v. Rodriguez
Immigration
U.S. Supreme Court Case No. 15-1204
Argued: Tue, Oct 3, 2017
Jennings v. Rodriguez
Must aliens seeking admission to the United States who are subject to mandatory detention be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months?
Gill v. Whitford
Election Law
U.S. Supreme Court Case No. 16-1161
Argued: Tue, Oct 3, 2017
Gill v. Whitford
Are partisan-gerrymandering claims justiciable?
Epic Systems Corp. v. Lewis
Labor
U.S. Supreme Court Case No. 16-285
Argued: Mon, Oct 2, 2017
Epic Systems Corp. v. Lewis
Is an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration and waive class and collective proceedings enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act?
Sessions v. Dimaya
Immigration
U.S. Supreme Court Case No. 15-1498
Argued: Mon, Oct 2, 2017
Sessions v. Dimaya
Is 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act’s provisions governing an alien’s removal from the United States, unconstitutionally vague?
Samsung Electronics Co. v. Apple
Intellectual Property
U.S. Supreme Court Case No. 15-777
Argued: Tue, Oct 11, 2016
Samsung Electronics Co. v. Apple
1. Where a design patent includes unprotected non-ornamental features, should a district court be required to limit that patent to its protected ornamental scope? 2. Where a design patent is applied to only a component of a product, should an award of an infringer’s profits be limited to those profits attributable to the component?
Weyerhaeuser Co. v. Fish and Wildlife Service
Environmental Law
U.S. Supreme Court Case No. 17-71
Argued: Mon, Oct 1, 2018
Weyerhaeuser Co. v. Fish and Wildlife Service
Does the Endangered Species Act prohibit designation of private land as unoccupied critical habitat that is neither habitat nor essential to species conservation?
Mount Lemmon Fire District v. Guido
Civil Rights
U.S. Supreme Court Case No. 17-587
Argued: Mon, Oct 1, 2018
Mount Lemmon Fire District v. Guido
Under the Age Discrimination in Employment Act, does the twenty-employee minimum that applies to private employers apply to political subdivisions of a State?
Gundy v. United States
Separation of Powers
U.S. Supreme Court Case No. 17-6086
Argued: Tue, Oct 2, 2018
Gundy v. United States
Does SORNA’s delegation of authority to the Attorney General to issue regulations under 42 U.S.C. § 16913(d) violate the nondelegation doctrine?
Madison v. Alabama
Death Penalty
U.S. Supreme Court Case No. 17-7505
Argued: Tue, Oct 2, 2018
Madison v. Alabama
May the State execute a prisoner whose mental disability leaves him without memory of his commission of the capital offense?
Knick v. Scott
Civil Procedure
U.S. Supreme Court Case No. 17-647
Argued: Wed, Oct 3, 2018
Knick v. Scott
Must property owners exhaust state court remedies to ripen federal takings claims?
New Prime Inc. v. Oliveira
Civil Procedure
U.S. Supreme Court Case No. 17-340
Argued: Wed, Oct 3, 2018
New Prime Inc. v. Oliveira
Is the FAA’s exemption for “contracts of employment” inapplicable to independent contractor agreements?
Cedar v. Johnson
Torts
South Dakota Supreme Court Case No. 28441
Argued: Tue, Oct 2, 2018
Cedar v. Johnson
Must a plaintiff establish the pecuniary value of his loss of consortium to recover against the mistress of his spouse?
Pitch v. United States
Civil Procedure
U.S. Court of Appeals for the Eleventh Circuit Case No. 17-15016
Argued: Wed, Oct 3, 2018
Pitch v. United States
May a district judge unseal grand jury records from 1946 at the request of a historian?
Iran v. United States (Morning Session)
International Law
International Court of Justice Case No. 164
Argued: Mon, Oct 8, 2018
Iran v. United States (Morning Session)
Under the 1955 Treaty of Amity, does the ICJ have jurisdiction to decide the legality of the United States’ policy of freezing Iranian assets?
Iran v. United States (Afternoon Session)
International Law
International Court of Justice Case No. 164
Argued: Mon, Oct 8, 2018
Iran v. United States (Afternoon Session)
Under the 1955 Treaty of Amity, does the ICJ have jurisdiction to decide the legality of the United States’ policy of freezing Iranian assets?
Davis v. Guam
Civil Rights
U.S. Court of Appeals for the Ninth Circuit Case No. 17-15719
Argued: Thu, Oct 11, 2018
Davis v. Guam
Does Guam’s exclusion of non-Chamorus from voting in its plebiscite on statehood violate Equal Protection?
Karnoski v. Trump
Civil Rights
U.S. Court of Appeals for the Ninth Circuit Case No. 18-35347
Argued: Wed, Oct 10, 2018
Karnoski v. Trump
Does President Trump’s ban on transgender military service-members violate Equal Protection?
Stokeling v. United States
Criminal Procedure
U.S. Supreme Court Case No. 17-5554
Argued: Tue, Oct 9, 2018
Stokeling v. United States
Is a robbery offense that requires overcoming “victim resistance” as an element categorically a “violent felony” under the Armed Career Criminal Act?
United States v. Stitt
Criminal Procedure
U.S. Supreme Court Case No. 17-765
Argued: Tue, Oct 9, 2018
United States v. Stitt
Is the burglary of a nonpermanent or mobile home a “burglary” under the Armed Career Criminal Act?
Nielsen v. Preap
Immigration
U.S. Supreme Court Case No. 16-1363
Argued: Wed, Oct 10, 2018
Nielsen v. Preap
Is a criminal alien exempt from mandatory detention if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately?
Air and Liquid Systems v. DeVries
Civil Procedure
U.S. Supreme Court Case No. 17-1104
Argued: Wed, Oct 10, 2018
Air and Liquid Systems v. DeVries
Can products-liability defendants be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute?
Gaylor v. Peecher
Religious Liberty
U.S. Court of Appeals for the Seventh Circuit Case No. 18-1277
Argued: Wed, Oct 24, 2018
Gaylor v. Peecher
Does the income tax exemption for housing provided to religious clergy violate the Establishment Clause?
Ragbir v Homan
Free Speech
U.S. Court of Appeals for the Second Circuit Case No. 18-1597
Argued: Mon, Oct 29, 2018
Ragbir v Homan
May non-citizens enjoin their deportation if it can be shown that ICE targeted them for removal because of their political advocacy?
Hately v. Watts
Fourth Amendment
U.S. Court of Appeals for the Fourth Circuit Case No. 18-1306
Argued: Tue, Oct 30, 2018
Hately v. Watts
Does opening an email exempt it from the privacy protections of the Stored Communications Act?
Henry Schein, Inc. v. Archer and White Sales, Inc.
Civil Procedure
U.S. Supreme Court Case No. 17-1272
Argued: Mon, Oct 29, 2018
Henry Schein, Inc. v. Archer and White Sales, Inc.
Does the Federal Arbitration Act permit a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is “wholly groundless”?
Lamps Plus, Inc. v. Varela
Civil Procedure
U.S. Supreme Court Case No. 17-988
Argued: Mon, Oct 29, 2018
Lamps Plus, Inc. v. Varela
Does the Federal Arbitration Act foreclose a state-law interpretation of an arbitration agreement that would authorize class arbitration?
WA Dept. of Licensing v. Cougar Den, Inc.
Federalism
U.S. Supreme Court Case No. 16-1498
Argued: Tue, Oct 30, 2018
WA Dept. of Licensing v. Cougar Den, Inc.
Does the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways?
Garza v. Idaho
Criminal Procedure
U.S. Supreme Court Case No. 17-1026
Argued: Tue, Oct 30, 2018
Garza v. Idaho
Does the “presumption of prejudice” apply where a defendant instructs his counsel to file an appeal but counsel fails to do so because the defendant’s plea agreement included an appeal waiver?
Frank v. Gaos
Civil Procedure
U.S. Supreme Court Case No. 17-961
Argued: Wed, Oct 31, 2018
Frank v. Gaos
Does a cy pres award of class action proceeds that provides no direct relief to class members supports class certification?
Jam v. International Finance Corp.
Civil Procedure
U.S. Supreme Court Case No. 17-1011
Argued: Wed, Oct 31, 2018
Jam v. International Finance Corp.
Does the International Organizations Immunities Act confers the same immunity given foreign governments under the Foreign Sovereign Immunities Act?
Al-Tamimi v. Adelson
International Law
U.S. Court of Appeals for the D.C. Circuit Case No. 17-5207
Argued: Tue, Oct 16, 2018
Al-Tamimi v. Adelson
Is a suit by Palestinians against Israeli settlers for genocide and war crimes barred by the political question doctrine?
Parker v. Reema Consulting Services
Civil Rights
U.S. Court of Appeals for the Fourth Circuit Case No. 18-1206
Argued: Wed, Oct 31, 2018
Parker v. Reema Consulting Services
Does the propagation of rumors that an employee had an affair with her boss constitute workplace sexual harassment?
East Bay Sanctuary Covenant v. Trump
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 18-17274
Argued: Tue, Oct 1, 2019
East Bay Sanctuary Covenant v. Trump
May the Trump Administration require asylum seekers to wait in Mexico for their claims to be decided and may it disqualify illegal entrants from seeking asylum?
Jackson Women’s Health v. Dobbs
Abortion
U.S. Court of Appeals for the Fifth Circuit Case No. 18-60868
Argued: Mon, Oct 7, 2019
Jackson Women’s Health v. Dobbs
May Mississippi ban abortions 15-weeks after conception?
Kahler v. Kansas
Criminal Procedure
U.S. Supreme Court Case No. 18-6135
Argued: Mon, Oct 7, 2019
Kahler v. Kansas
Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense?
Peter v. NantKwest
Civil Procedure
U.S. Supreme Court Case No. 18-801
Argued: Mon, Oct 7, 2019
Peter v. NantKwest
Must a patent applicant cover the personnel expenses the USPTO incurs in Section 145 litigation?
Ramos v. Louisiana
Criminal Procedure
U.S. Supreme Court Case No. 18-5924
Argued: Mon, Oct 7, 2019
Ramos v. Louisiana
Does the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of an unanimous verdict?
Bostock v. Clayton County
Civil Rights
U.S. Supreme Court Case No. 17-1618
Argued: Tue, Oct 8, 2019
Bostock v. Clayton County
Is discrimination against an employee because of sexual orientation discrimination on the basis of sex under Title VII?
R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC
Civil Rights
U.S. Supreme Court Case No. 18-107
Argued: Tue, Oct 8, 2019
R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC
Is discrimination against transgender employees on the basis of sex under Title VII?
Gresham v. Azar
Administrative Law
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5094
Argued: Fri, Oct 11, 2019
Gresham v. Azar
Was it lawful for the Trump Administration to impose a work requirement on the receipt of Medicaid benefits?
Hall v. Swift
Intellectual Property
U.S. Court of Appeals for the Ninth Circuit Case No. 18-55426
Argued: Tue, Oct 15, 2019
Hall v. Swift
May a judge determine whether a work is creative as a matter of law?
Rukoro v. Germany
International Law
U.S. Court of Appeals for the Second Circuit Case No. 19-609
Argued: Thu, Oct 17, 2019
Rukoro v. Germany
Must Germany compensate indigenous Africans, whose ancestors were murdered and whose bones Germany later sold to the Natural History Museum in the early twentieth century?
Financial Oversight Bd. v. Aurelius Investment
Separation of Powers
U.S. Supreme Court Case No. 18-1334
Argued: Tue, Oct 15, 2019
Financial Oversight Bd. v. Aurelius Investment
Does the Appointments Clause govern the appointment of members of the Financial Oversight and Management Board for Puerto Rico?
Kansas v. Garcia
Case No. 17-834
Argued: Wed, Oct 16, 2019
Kansas v. Garcia
Does federal immigration law preempt state laws that criminalize using false immigration information on employment forms?
Rotkiske v. Klemm
Civil Procedure
U.S. Supreme Court Case No. 18-328
Argued: Wed, Oct 16, 2019
Rotkiske v. Klemm
Does the discovery rule toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act?
Mathena v. Malvo
Criminal Procedure
U.S. Supreme Court Case No. 18-217
Argued: Wed, Oct 16, 2019
Mathena v. Malvo
Is a sentence of life without parole, when imposed as an alternative to a death sentence, a mandatory sentence for a juvenile seeking relief under the Eighth Amendment?
Mahoney v. Murphy
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5305
Argued: Tue, Oct 22, 2019
Mahoney v. Murphy
May individual members of the House Oversight Committee go to court to gain access to documents on President Donald Trump’s D.C. hotel?
MA Lobstermen’s Association v. Ross
Environmental Law
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5353
Argued: Tue, Oct 22, 2019
MA Lobstermen’s Association v. Ross
May the President designate parts of the ocean national monuments?
Yolany Padilla v. ICE
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 19-35565
Argued: Tue, Oct 22, 2019
Yolany Padilla v. ICE
May a district court order the government to conduct bond hearings for asylum applicants?
Trump v. Vance
Federalism
U.S. Court of Appeals for the Second Circuit Case No. 19-3204
Argued: Wed, Oct 23, 2019
Trump v. Vance
May State prosecutors subject the President to criminal process?
Gary B v. Whitmer
Civil Rights
U.S. Court of Appeals for the Sixth Circuit Case No. 18-1855
Argued: Thu, Oct 24, 2019
Gary B v. Whitmer
Does the Fourteenth Amendment guarantee children the right to an education?
Cavanaugh’s Sports Bar & Eatery v. Porterfield
Torts
Indiana Supreme Court Case No. 18A-CT-01814
Argued: Tue, Oct 22, 2019
Cavanaugh’s Sports Bar & Eatery v. Porterfield
Is a bar liable for injuries its patrons suffer after getting into fights outside?
United States v. Arpaio
Separation of Powers
U.S. Court of Appeals for the Ninth Circuit Case No. 17-10448
Argued: Wed, Oct 23, 2019
United States v. Arpaio
Does a Presidential pardon vacate a conviction for criminal contempt?
Carney v. Adams
Free Speech
U.S. Supreme Court Case No. 19-309
Argued: Mon, Oct 5, 2020
Carney v. Adams
May Delaware require a partisan balance on its courts, such that judges from one political party may only ever hold a “bare majority” of the seats on any court?
Texas v. New Mexico
Civil Procedure
U.S. Supreme Court Case No. 65-Orig
Argued: Tue, Oct 6, 2020
Texas v. New Mexico
May a river master retroactively alter the procedural rules by which water rights disputes between two states are mediated?
Rutledge v. Pharmaceutical Care Management
Federalism
U.S. Supreme Court Case No. 18-540
Argued: Tue, Oct 6, 2020
Rutledge v. Pharmaceutical Care Management
Does ERISA preempt state laws that regulate reimbursement rates for prescription drug?
Google v. Oracle
Intellectual Property
U.S. Supreme Court Case No. 18-956
Argued: Wed, Oct 7, 2020
Google v. Oracle
Does copyright protection extend to a software interface?
Ford v. Montana Eighth Judicial District Court
Civil Procedure
U.S. Supreme Court Case No. 19-368
Argued: Wed, Oct 7, 2020
Ford v. Montana Eighth Judicial District Court
May state courts exercise specific personal jurisdiction over a non-resident defendant when none of the defendant’s forum contacts caused the plaintiff’s claims?
T.W. v. New York State Board of Law Examiners
Civil Rights
U.S. Court of Appeals for the Second Circuit Case No. 19-4136
Argued: Thu, Oct 8, 2020
T.W. v. New York State Board of Law Examiners
Can the NY State Board of Law Examiners be held liable as part of New York State’s unified court system in a disability claim brought by a bar exam taker who suffers from anxiety?
United States v. Maxwell
Criminal Procedure
U.S. Court of Appeals for the Second Circuit Case No. 20-3061
Argued: Tue, Oct 13, 2020
United States v. Maxwell
Should a sealed deposition of Ghislaine Maxwell be publicly released while the criminal case arising out of the crimes of Jeffrey Epstein remains pending?
United States v. Briggs
Criminal Procedure
U.S. Supreme Court Case No. 19-108
Argued: Tue, Oct 13, 2020
United States v. Briggs
Is the statute of limitations for rape in the military justice system five years?
Chicago v. Fulton
Civil Procedure
U.S. Supreme Court Case No. 19-357
Argued: Tue, Oct 13, 2020
Chicago v. Fulton
Does an entity that passively retains possession of property in which a bankruptcy estate has an interest has an affirmative obligation to return that property to the debtor upon the filing of a bankruptcy petition?
Torres v. Madrid
Criminal Procedure
U.S. Supreme Court Case No. 19-292
Argued: Wed, Oct 14, 2020
Torres v. Madrid
Does the use of force to detain a suspect constitute a “seizure” within the meaning of the Fourth Amendment?
Pereida v. Barr
Immigration
U.S. Supreme Court Case No. 19-438
Argued: Wed, Oct 14, 2020
Pereida v. Barr
Does a criminal conviction make a noncitizen removable when the record of conviction is ambiguous as to whether it is an offense under the Immigration and Nationality Act?
Trump v. Mazars
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5142
Argued: Tue, Oct 20, 2020
Trump v. Mazars
May a committee of Congress subpoena the President’s financial records?
Carpenter v. United States
Fourth Amendment
U.S. Supreme Court Case No. 16-402
Argued: Wed, Nov 29, 2017
Carpenter v. United States
Is the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days permitted by the Fourth Amendment?
Cyan, Inc. v. Beaver Cty. Employees
Civil Procedure
U.S. Supreme Court Case No. 15-1439
Argued: Tue, Nov 28, 2017
Cyan, Inc. v. Beaver Cty. Employees
Do state courts lack subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claims?
Digital Realty Trust v. Somers
Civil Procedure
U.S. Supreme Court Case No. 16-1276
Argued: Tue, Nov 28, 2017
Digital Realty Trust v. Somers
Does the anti-retaliation provision for ”whistleblowers” in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 extend to individuals who have not reported alleged misconduct to the Securities and Exchange Commission and thus fall outside the Act’s definition of a ”whistleblower”?
Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Separation of Powers
U.S. Supreme Court Case No. 16-712
Argued: Mon, Nov 27, 2017
Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Do inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violate the Constitution by extinguishing private property rights through a non-Article III forum without a jury?
SAS Institute v. Matal
Intellectual Property
U.S. Supreme Court Case No. 16-969
Argued: Mon, Nov 27, 2017
SAS Institute v. Matal
Does 35 U.S.C. § 318(a), which provides that the Patent Trial and Appeal Board in an inter partes review “shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner,” require that Board to issue a final written decision as to every claim challenged by the petitioner, or does it allow that Board to issue a final written decision with respect to the patentability of only some patent claims, as the Federal Circuit held?
City of El Cenizo v. Texas
Immigration
U.S. Court of Appeals for the Fifth Circuit Case No. 17-50762
Argued: Tue, Nov 7, 2017
City of El Cenizo v. Texas
Is Texas’ SB4 sanctuary cities bill, which requires municipalities to enforce immigration laws, preempted by federal law; and alternatively does it violate the First and Fifth Amendments?
Merit Management Group v. FTI Consulting
Bankruptcy
U.S. Supreme Court Case No. 16-784
Argued: Mon, Nov 6, 2017
Merit Management Group v. FTI Consulting
Does the safe harbor of 11 U.S.C. § 546(e) prohibit avoidance of a transfer made by or to a financial institution, without regard to whether the institution has a beneficial interest in the property transferred, consistent with decisions from the Second, Third, Sixth, Eighth, and Tenth Circuits, but contrary to decisions from the Eleventh Circuit and now the Seventh Circuit?
Artis v. District of Columbia
Civil Procedure
U.S. Supreme Court Case No. 16-460
Argued: Wed, Nov 1, 2017
Artis v. District of Columbia
When exercising supplemental jurisdiction, does the tolling provision in 28 U.S.C. § 1367(d) suspend the limitations period for the state law claim while the claim is pending and for thirty days after the claim is dismissed or provide 30 days beyond the dismissal for the plaintiff to refile?
In re Grand Jury Investigation
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 18-3052
Argued: Thu, Nov 8, 2018
In re Grand Jury Investigation
Was the appointment of Robert Mueller as Special Counsel unconstitutional for violating the Appointments Clause?
Virginia Uranium, Inc. v. Warren
Federalism
U.S. Supreme Court Case No. 16-1275
Argued: Mon, Nov 5, 2018
Virginia Uranium, Inc. v. Warren
Does the Atomic Energy Act preempt a state law that regulates uranium mining?
Bucklew v. Precythe
Death Penalty
U.S. Supreme Court Case No. 17-8151
Argued: Tue, Nov 6, 2018
Bucklew v. Precythe
Must an inmate prove an adequate alternative method of execution when raising an as-applied challenge to the state’s proposed method of execution?
BNSF Railway Co. v. Loos
Tax
U.S. Supreme Court Case No. 17-1042
Argued: Tue, Nov 6, 2018
BNSF Railway Co. v. Loos
Is a railroad’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act?
Republic of Sudan v. Harrison
International Law
U.S. Supreme Court Case No. 16-1094
Argued: Wed, Nov 7, 2018
Republic of Sudan v. Harrison
May plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act serve the foreign state “via” or in “care of” the foreign state’s diplomatic mission in the United States?
Culbertson v. Berryhill
Civil Procedure
U.S. Supreme Court Case No. 17-773
Argued: Wed, Nov 7, 2018
Culbertson v. Berryhill
Does the 25-percent cap on attorneys’ fees in Social Security cases apply only to fees for representation in court or also fees for representation before the agency?
Finch v. McKoy
Criminal Procedure
U.S. Court of Appeals for the Fourth Circuit Case No. 17-6518
Argued: Thu, Nov 15, 2018
Finch v. McKoy
Can “new evidence” discovered 40 years after a murder conviction be sufficient to support a habeas petition for actual innocence?
Rosenbach v. Six Flags Entertainment Corporation
Privacy
Illinois Supreme Court Case No. 123186
Argued: Tue, Nov 20, 2018
Rosenbach v. Six Flags Entertainment Corporation
Does Illinois tort law allow a mother to sue an amusement park for scanning her son’s fingerprint for invasion of privacy?
Bennett v. Indiana
Free Speech
Indiana Supreme Court Case No. 18A-CR-00071
Argued: Wed, Nov 21, 2018
Bennett v. Indiana
Do otherwise lawful pornographic pictures and videos on a cellphone constitute “obscene matter” that can be prohibited as a condition of probation?
Apple v. Pepper
Antitrust Law
U.S. Supreme Court Case No. 17-204
Argued: Mon, Nov 26, 2018
Apple v. Pepper
May consumers sue anyone who delivers goods to them for antitrust damages, even if the damages are based upon prices set by third parties?
Nieves v. Bartlett
Free Speech
U.S. Supreme Court Case No. 17-1174
Argued: Mon, Nov 26, 2018
Nieves v. Bartlett
Does probable cause defeat a First Amendment retaliatory-arrest claim under § 1983?
Nutraceutical Corp. v. Lambert
Civil Procedure
U.S. Supreme Court Case No. 17-1094
Argued: Tue, Nov 27, 2018
Nutraceutical Corp. v. Lambert
Do equitable exceptions apply to mandatory claim-processing rules, excusing a party’s failure to timely file for permission to appeal or reconsideration within the Rule 23(f) deadline?
Carpenter v. Murphy
Federalism
U.S. Supreme Court Case No. 17-1107
Argued: Tue, Nov 27, 2018
Carpenter v. Murphy
Do the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today?
Timbs v. Indiana
Federalism
U.S. Supreme Court Case No. 17-1091
Argued: Wed, Nov 28, 2018
Timbs v. Indiana
Is the Eighth Amendment’s Excessive Fines Clause incorporated against the States under the Fourteenth Amendment?
Maryland v. Syed
Criminal Procedure
Maryland Court of Appeals Case No. 18-24
Argued: Thu, Nov 29, 2018
Maryland v. Syed
In the case made famous by the @Serial #Podcast, was Adnan Syed’s lawyer ineffective when she failed to interview a possible alibi witness?
New Mexico v. Yepez
Criminal Procedure
New Mexico Supreme Court Case No. S-1-SC-37216
Argued: Mon, Nov 4, 2019
New Mexico v. Yepez
May a defendant ask a jury for leniency because he has genetic predisposition for violence, or a so-called ‘Warrior Gene’?
Bozemann Financial v. Federal Reserve Board
Separation of Powers
U.S. Court of Appeals for the Federal Circuit Case No. 19-1018
Argued: Wed, Nov 6, 2019
Bozemann Financial v. Federal Reserve Board
Does the Federal Reserve banks’ independent status allow them to challenge patents before the PTAB?
Barton v. Barr
Immigration
U.S. Supreme Court Case No. 18-725
Argued: Mon, Nov 4, 2019
Barton v. Barr
Can a lawfully admitted permanent resident who is not seeking admission to the United States can be ‘render[ed] … inadmissible’ for the purposes of the stop-time rule?
Kansas v. Glover
Fourth Amendment
U.S. Supreme Court Case No. 18-556
Argued: Mon, Nov 4, 2019
Kansas v. Glover
For purposes of an investigative stop, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle?
CITGO Asphalt Refining v. Frescati Shipping
Law of the Sea
U.S. Supreme Court Case No. 18-565
Argued: Tue, Nov 5, 2019
CITGO Asphalt Refining v. Frescati Shipping
Under maritime law, is a safe berth clause in a voyage charter contract a guarantee of a ship’s safety or a duty of due diligence?
Allen v. Cooper
Federalism
U.S. Supreme Court Case No. 18-877
Argued: Tue, Nov 5, 2019
Allen v. Cooper
May Congress abrogated state sovereign immunity by providing remedies for authors of original expression whose federal copyrights are infringed by States?
County of Maui, HI v. Hawaii Wildlife Fund
Environmental Law
U.S. Supreme Court Case No. 18-260
Argued: Wed, Nov 6, 2019
County of Maui, HI v. Hawaii Wildlife Fund
Does the Clean Water Act require a permit for pollutants that originate from a point source but are conveyed to navigable waters by groundwater?
Retirement Plans Comm. of IBM v. Jander
Labor
U.S. Supreme Court Case No. 18-1165
Argued: Wed, Nov 6, 2019
Retirement Plans Comm. of IBM v. Jander
Is a claim for breach of fiduciary duty under ERISA properly pled where the harm is based upon the inevitable disclosure of an alleged fraud that generally increases over time?
Merritt v Padilla
Election Law
U.S. Court of Appeals for the Ninth Circuit Case No. 18-55457
Argued: Thu, Nov 7, 2019
Merritt v Padilla
Does a political candidate have a First Amendment right to self-identify their title as ‘Independent’ in a State published voter guide?
In re Hawsawi
Criminal Procedure
U.S. Court of Appeals for the D.C. Circuit Case No. 19-1100
Argued: Tue, Nov 12, 2019
In re Hawsawi
Does a military judge’s prior service in the Justice Department’s National Security Division raise an appearance of bias, when assigned to preside over the September 11th military commission trial in Guantanamo?
Sierra Club v. Trump
Separation of Powers
U.S. Court of Appeals for the Ninth Circuit Case No. 19-16102
Argued: Tue, Nov 12, 2019
Sierra Club v. Trump
May the President divert $2.5 billion in appropriated defense funds to construct a wall on the U.S.-Mexico border?
DHS v. University of California
Immigration
U.S. Supreme Court Case No. 18-587
Argued: Mon, Nov 11, 2019
DHS v. University of California
Did the Trump Administration’s unlawfully repeal the DACA Dreamer’s Program?
Hernandez v. Mesa
Civil Rights
U.S. Supreme Court Case No. 17-1678
Argued: Tue, Nov 12, 2019
Hernandez v. Mesa
When a Boarder Patrol Agent shoots and kills an unarmed minor across the border, does Bivens provide a remedy?
Comcast v. Nat. Assn. of African American-Owned Media
Civil Rights
U.S. Supreme Court Case No. 18-1171
Argued: Wed, Nov 13, 2019
Comcast v. Nat. Assn. of African American-Owned Media
Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?
Ritzen Group v. Jackson Masonry
Civil Procedure
U.S. Supreme Court Case No. 18-938
Argued: Wed, Nov 13, 2019
Ritzen Group v. Jackson Masonry
Is an order denying a motion for relief from the automatic stay is a final order under 28 U.S.C. § 158?
Tedards v Ducey
Election Law
U.S. Court of Appeals for the Ninth Circuit Case No. 19-16308
Argued: Wed, Nov 13, 2019
Tedards v Ducey
Must Arizona call a special election to fill the Senate seat vacated by the death of John McCain?
In re: Application of the Committee on the Judiciary
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5288
Argued: Mon, Nov 18, 2019
In re: Application of the Committee on the Judiciary
May the House Judiciary Committee obtain grand jury materials not included in the Mueller Report?
K&D LLC v. Trump Old Post Office LLC
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 18-7185
Argued: Fri, Nov 22, 2019
K&D LLC v. Trump Old Post Office LLC
May a hotel sue the President for violating the Emoluments Clauses as a form of unfair competition?
United States Fish and Wildlife Serv. v. Sierra Club
FOIA
U.S. Supreme Court Case No. 19-547
Argued: Mon, Nov 2, 2020
United States Fish and Wildlife Serv. v. Sierra Club
Does FOIA exemption 5 protect against compelled disclosure a federal agency’s draft documents that were prepared as part of a formal interagency consultation process?
Salinas v. Railroad Retirement Bd.
Civil Rights
U.S. Supreme Court Case No. 19-199
Argued: Mon, Nov 2, 2020
Salinas v. Railroad Retirement Bd.
Is the Railroad Retirement Board’s denial of a request to reopen a prior benefits determination a ‘final decision’ subject to judicial review?
Jones v. Mississippi
Eighth Amendment
U.S. Supreme Court Case No. 18-1259
Argued: Tue, Nov 3, 2020
Jones v. Mississippi
Must the sentencing authority make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole?
Borden v. United States
Criminal Procedure
U.S. Supreme Court Case No. 19-5410
Argued: Tue, Nov 3, 2020
Borden v. United States
Does the ‘use of force’ clause in the Armed Career Criminal Act encompass crimes with a mens rea of mere recklessness?
Fulton v. City of Philadelphia
Religious Liberty
U.S. Supreme Court Case No. 19-123
Argued: Wed, Nov 4, 2020
Fulton v. City of Philadelphia
May the state condition a religious agency’s ability to participate in the foster care system on taking actions and making statements that contradict the agency’s religious beliefs?
Niz-Chavez v. Barr
Immigration
U.S. Supreme Court Case No. 19-863
Argued: Mon, Nov 9, 2020
Niz-Chavez v. Barr
Must the government serve a removable alien with a notice containing all the information contained in 8 U.S.C. § 1229(a) in order to trigger the “stop time rule”?
Brownback v. King
Civil Procedure
U.S. Supreme Court Case No. 19-546
Argued: Mon, Nov 9, 2020
Brownback v. King
When the United States prevails under Federal Tort Claims Act, is a plaintiff estopped from bringing a Bivens action relating to the same underlying facts?
California v. Texas
Federalism
U.S. Supreme Court Case No. 19-840
Argued: Tue, Nov 10, 2020
California v. Texas
Does the repeal of the tax penalty supporting the individual mandate compel the invalidation of the Affordable Care Act in toto?
Fabick v. Evers
Police Powers
Wisconsin Supreme Court Case No. 20AP1718-OA
Argued: Mon, Nov 16, 2020
Fabick v. Evers
Does the governor of Wisconsin have the power to issue multiple emergency orders to address the COVID-19 pandemic without the Legislature voting to extend them?
Trump v. Boockvar
Election Law
Middle District of Pennsylvania Case No. 20-cv-2078
Argued: Tue, Nov 17, 2020
Trump v. Boockvar
Should Pennsylvania be prohibited from certifying its presidential election results due to President Trump’s allegation of voting irregularities?
Zaidan v. Trump
War Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5328
Argued: Mon, Nov 16, 2020
Zaidan v. Trump
Does the state secrets privilege allow the government to conceal whether a U.S. citizen is being targeted for assassination?
Trump v. New York
Federalism
U.S. Supreme Court Case No. 20-366
Argued: Mon, Nov 30, 2020
Trump v. New York
May the president limit the census enumeration to only a state’s lawful residents?
Van Buren v. United States
Criminal Procedure
U.S. Supreme Court Case No. 19-783
Argued: Mon, Nov 30, 2020
Van Buren v. United States
Does a person who is authorized to access information on a computer for certain purposes violate the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose?
Stout v. Jefferson County Board of Education
Civil Rights
U.S. Court of Appeals for the Eleventh Circuit Case No. 17-12338
Argued: Thu, Dec 14, 2017
Stout v. Jefferson County Board of Education
Does the Gardendale School District have the right to break away from the Jefferson County School System and form their own, city-controlled system, if it will impact desegregation efforts by Jefferson County?
USA v. USDC-ORE
Environmental Law
U.S. Court of Appeals for the Ninth Circuit Case No. 17-71692
Argued: Mon, Dec 11, 2017
USA v. USDC-ORE
In a suit brought by two dozen children, has the government failed to safeguard a habitable climate for them and future generations, in violation of their constitutional rights to privacy, liberty and property?
Intl. Refugee Assistance v. Trump
Immigration
U.S. Court of Appeals for the Fourth Circuit Case No. 17-2231
Argued: Fri, Dec 8, 2017
Intl. Refugee Assistance v. Trump
Does the President’s third travel ban discriminate against Muslims in violation of the immigration laws and the Constitution?
Fahmy v. Jay-Z
Intellectual Property
U.S. Court of Appeals for the Ninth Circuit Case No. 16-55213
Argued: Fri, Dec 8, 2017
Fahmy v. Jay-Z
Did Jay-Z’s “Big Pimpin” violate the plaintiff’s moral rights in “Khosara Khosara”?
Oracle v. Google
Intellectual Property
U.S. Court of Appeals for the Federal Circuit Case No. 2017-1118
Argued: Thu, Dec 7, 2017
Oracle v. Google
Did fair use protect Google Android’s alleged infringement of Oracle’s Java copyrights?
Fields v. Twitter
Civil Procedure
U.S. Court of Appeals for the Ninth Circuit Case No. 16-17165
Argued: Wed, Dec 6, 2017
Fields v. Twitter
Are social media companies made immune from civil suits brought under the Anti-Terrorism Act by §230 of the Communications Decency Act?
Hawaii v. Trump
Immigration
U.S. Court of Appeals for the Ninth Circuit Case No. 17-17168
Argued: Wed, Dec 6, 2017
Hawaii v. Trump
Does the third revised travel ban discriminate against Muslims in violation of the immigration laws and the constitution?
Murphy v. Smith
Civil Procedure
U.S. Supreme Court Case No. 16-1067
Argued: Wed, Dec 6, 2017
Murphy v. Smith
When awarding attorney’s fees in a §1983 action, does the statutory limit of fees “not to exceed 25 percent” of the judgment mean any amount up to 25 percent (as four circuits hold), or whether it means exactly 25 percent (as the Seventh Circuit holds)?
Marinello v. United States
Criminal Procedure
U.S. Supreme Court Case No. 16-1144
Argued: Wed, Dec 6, 2017
Marinello v. United States
Does the tax-specific obstruction of justice statute (22 U.S.C. § 7212) require there to be a pending IRS action or proceeding, such as an investigation or audit, of which the defendant was aware when he engaged in the purportedly obstructive conduct?
United States v. Hamidullin
War Powers
U.S. Court of Appeals for the Fourth Circuit Case No. 15-4788
Argued: Tue, Dec 5, 2017
United States v. Hamidullin
Was a former Taliban commander required to have a military tribunal determine his prisoner of war status before he could be prosecuted in federal court for committing hostile acts against Americans in Afghanistan?
Masterpiece Cakeshop v. CO Civil Rights Comm’n
Civil Rights
U.S. Supreme Court Case No. 16-111
Argued: Tue, Dec 5, 2017
Masterpiece Cakeshop v. CO Civil Rights Comm’n
Does applying Colorado’s public accommodations law to compel Phillips to create a wedding cake for a gay couple, which violates his sincerely held religious beliefs about marriage, violate the Free Speech or Free Exercise Clauses of the First Amendment?
United States v. Gartenlaub
Fourth Amendment
U.S. Court of Appeals for the Ninth Circuit Case No. 16-50339
Argued: Mon, Dec 4, 2017
United States v. Gartenlaub
Did the government’s application to the Foreign Intelligence Surveillance Court establish probable cause to believe that appellant was an agent of a foreign power and did the government violate the Fourth Amendment by searching every file on the appellant’s computers and seizing child pornography that it found in the course of the search for foreign intelligence information?
Christie v. NCAA
Federalism
U.S. Supreme Court Case No. 16-476
Argued: Mon, Dec 4, 2017
Christie v. NCAA
Does a federal statute that prohibits modification or repeal of state-law prohibitions on sports gambling impermissibly commandeer the regulatory power of States in contravention of New York v. United States, 505 U.S. 144 (1992)?
Rubin v. Iran
International Law
U.S. Supreme Court Case No. 16-534
Argued: Mon, Dec 4, 2017
Rubin v. Iran
Does 28 U.S.C. § 1610(g) provides a freestanding attachment immunity exception that allows terror victim judgment creditors to attach and execute upon assets of foreign state sponsors of terrorism regardless of whether the assets are otherwise subject to execution under section 1610?
United States v. Hamidullin
War Powers
U.S. Court of Appeals for the Fourth Circuit Case No. 15-4788
Argued: Fri, Dec 9, 2016
United States v. Hamidullin
Was a captured Taliban commander, charged in federal court with violent crimes against U.S. personnel in Afghanistan, entitled to combatant immunity under the Geneva Conventions?
United States v. AT&T
Antitrust Law
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5214
Argued: Thu, Dec 6, 2018
United States v. AT&T
Will the merger of AT&T and Time Warner lead to monopolistic price increases for consumers?
Dawson v. Steager
Tax
U.S. Supreme Court Case No. 17-419
Argued: Mon, Dec 3, 2018
Dawson v. Steager
Does the intergovernmental tax immunity bar states from exempting state retirees from state income tax but not similarly situated federal retirees?
Lorenzo V. v. SEC
Securities
U.S. Supreme Court Case No. 17-1077
Argued: Mon, Dec 3, 2018
Lorenzo V. v. SEC
Can a defective misstatement claim under the Securities and Exchange Act be pursued as a fraudulent scheme claim?
Biestek v. Berryhill
Social Security
U.S. Supreme Court Case No. 17-1184
Argued: Tue, Dec 4, 2018
Biestek v. Berryhill
Can a vocational expert’s testimony constitute substantial evidence of “other work” available to an applicant for social security benefits on the basis of a disability?
Helsinn Healthcare v. Teva Pharmaceuticals
Intellectual Property
U.S. Supreme Court Case No. 17-1229
Argued: Tue, Dec 4, 2018
Helsinn Healthcare v. Teva Pharmaceuticals
Does an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualify as prior art for purposes of determining patentability?
Gamble v. United States
Criminal Procedure
U.S. Supreme Court Case No. 17-646
Argued: Wed, Dec 5, 2018
Gamble v. United States
Should the Court overrule the “separate sovereigns” exception to the Double Jeopardy Clause?
Doe v. Trump
Civil Rights
U.S. Court of Appeals for the D.C. Circuit Case No. 18-5257
Argued: Mon, Dec 10, 2018
Doe v. Trump
Is President Trump’s ban on transgender individuals serving in the military unconstitutional?
Siegel v. FAA
Administrative Law
U.S. Court of Appeals for the D.C. Circuit Case No. 18-1102
Argued: Wed, Dec 12, 2018
Siegel v. FAA
Was the FAA justified in revoking the license of a pilot caught carrying cannabis candy in his luggage while flying a private plane?
CFPB v. All American Check Cashing
Separation of Powers
U.S. Court of Appeals for the Fifth Circuit Case No. 18-60302
Argued: Wed, Dec 4, 2019
CFPB v. All American Check Cashing
Does the Consumer Financial Protection Bureau’s single director structure violate the separation of powers?
North American Butterfly Association v. Wolf
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5052
Argued: Thu, Dec 5, 2019
North American Butterfly Association v. Wolf
May the Trump Administration waive environmental rules when building the border wall along private property?
Becerra v. Dr Pepper
Torts
U.S. Court of Appeals for the Ninth Circuit Case No. 18-16721
Argued: Thu, Dec 5, 2019
Becerra v. Dr Pepper
Is the use of the word ‘diet’ in Diet Dr. Pepper a misleading health claim?
NY State Rifle & Pistol v. City of New York
Second Amendment
U.S. Supreme Court Case No. 18-280
Argued: Mon, Dec 2, 2019
NY State Rifle & Pistol v. City of New York
May New York City ban the transport of a handgun outside city limits?
Georgia v. Public.Resource.Org
Intellectual Property
U.S. Supreme Court Case No. 18-1150
Argued: Mon, Dec 2, 2019
Georgia v. Public.Resource.Org
May George copyright statutes and case law?
Rodriguez v. FDIC
Tax
U.S. Supreme Court Case No. 18-1269
Argued: Tue, Dec 3, 2019
Rodriguez v. FDIC
Should courts determine ownership of a tax refund paid to an affiliated group based on the federal common law or the law of the relevant State?
Atlantic Richfield Co. v. Christian
Environmental Law
U.S. Supreme Court Case No. 17-1498
Argued: Tue, Dec 3, 2019
Atlantic Richfield Co. v. Christian
Does federal law preempt state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies?
Intel Corp. Investment v. Sulyma
Labor
U.S. Supreme Court Case No. 18-1116
Argued: Wed, Dec 4, 2019
Intel Corp. Investment v. Sulyma
Does the trigger for ERISA’s statute of limitations, ‘actual knowledge of the breach or violation,’ require a subjective or objective inquiry?
Banister v. Davis
Civil Procedure
U.S. Supreme Court Case No. 18-6943
Argued: Wed, Dec 4, 2019
Banister v. Davis
Under what circumstances should a timely rule 59(e) motion be recharacterized as a second or successive habeas petition?
Blumenthal v. Trump
Separation of Powers
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5237
Argued: Mon, Dec 9, 2019
Blumenthal v. Trump
May the president enjoin a lawsuit by lawmakers alleging that he is violating the Foreign Emoluments Clause?
Grace v. Barr
Immigration
U.S. Court of Appeals for the D.C. Circuit Case No. 19-5013
Argued: Mon, Dec 9, 2019
Grace v. Barr
May asylum be blanket denied based upon the risk of domestic and gang-based violence?
Zindel v. Fox Searchlight Pictures
Intellectual Property
U.S. Court of Appeals for the Ninth Circuit Case No. 18-56087
Argued: Mon, Dec 9, 2019
Zindel v. Fox Searchlight Pictures
Did the film The Shape of Water and its novelization infringe the copyright to the play Let Me Hear You Whisper (argued by Alex Kozinski)?
United States v. Tsarnaev
Criminal Procedure
U.S. Court of Appeals for the First Circuit Case No. 16-6001
Argued: Thu, Dec 12, 2019
United States v. Tsarnaev
Was the death penalty lawfully imposed on the so-called Boston Marathon Bomber?
In re Trump
Separation of Powers
U.S. Court of Appeals for the Fourth Circuit Case No. 18-2486
Argued: Thu, Dec 12, 2019
In re Trump
Was the President entitled to a writ of mandamus to dismiss an Emolument Clause suit brought by Maryland?
DC v. Trump
Separation of Powers
U.S. Court of Appeals for the Fourth Circuit Case No. 18-2488
Argued: Thu, Dec 12, 2019
DC v. Trump
May the District of Columbia proceed against the President for violating the Emoluments Clause?
Baltimore v. BP
Civil Procedure
U.S. Court of Appeals for the Fourth Circuit Case No. 19-1644
Argued: Wed, Dec 11, 2019
Baltimore v. BP
Must Baltimore bring its civil action over climate change against energy companies in federal court?
Ovalles v. Barr
Immigration
U.S. Supreme Court Case No. 18-776
Argued: Mon, Dec 9, 2019
Ovalles v. Barr
Is a request for equitable tolling, as it applies to statutory motions to reopen, judicially reviewable as a question of law?
Thryv v. Click-To-Call Technologies
Civil Procedure
U.S. Supreme Court Case No. 18-916
Argued: Mon, Dec 9, 2019
Thryv v. Click-To-Call Technologies
Does 35 U.8.C. § 314(d) permit appeal of the PTAB’s decision to institute an inter partes review upon finding that§ 315(b)’s time bar does not apply?
Maine Community Health Options v. United States
Appropriations
U.S. Supreme Court Case No. 18-1023
Argued: Tue, Dec 10, 2019
Maine Community Health Options v. United States
Does the presumption against retroactivity apply to the interpretation of an appropriations rider that is claimed to have impliedly repealed the government’s obligation?
Holguin-Hernandez v. United States
Criminal Procedure
U.S. Supreme Court Case No. 18-7739
Argued: Tue, Dec 10, 2019
Holguin-Hernandez v. United States
Is a formal objection after pronouncement of sentence necessary to invoke appellate reasonableness review of the length of a defendant’s sentence?
Monasky v. Taglieri
International Law
U.S. Supreme Court Case No. 18-935
Argued: Wed, Dec 11, 2019
Monasky v. Taglieri
How is a minor’s habitual residence determined under the Hague Convention?
McKinney v. Arizona
Death Penalty
U.S. Supreme Court Case No. 18-1109
Argued: Wed, Dec 11, 2019
McKinney v. Arizona
Are courts required to apply current law when weighing mitigating and aggravating evidence when determining whether a death sentence is warranted?
In re Google
Civil Procedure
U.S. Court of Appeals for the Federal Circuit Case No. 19-126
Argued: Fri, Dec 13, 2019
In re Google
Is the location of a defendant’s servers in a forum sufficient to establish personal jurisdiction in a patent infringement suit?
Nestlé USA, Inc. v. Doe
International Law
U.S. Supreme Court Case No. 19-416
Argued: Tue, Dec 1, 2020
Nestlé USA, Inc. v. Doe
Are American corporations liable under the Alien Tort Statute for the foreign effects of their business practices?
CIC Services, LLC v. IRS
Tax
U.S. Supreme Court Case No. 19-930
Argued: Tue, Dec 1, 2020
CIC Services, LLC v. IRS
Does the Anti-Injunction Act bar challenges to regulatory mandates issued by administrative agencies?
Pennsylvania v. Cosby
Civil Procedure
Pennsylvania Supreme Court Case No. 39-MAP-2020
Argued: Tue, Dec 1, 2020
Pennsylvania v. Cosby
May past but uncharged allegations of sexual assault by Bill Cosby be admitted to convict him of rape?
Edwards v. Vannoy
Criminal Procedure
U.S. Supreme Court Case No. 19-5807
Argued: Wed, Dec 2, 2020
Edwards v. Vannoy
Does the unanimous jury requirement the Court identified in Ramos v. Louisiana apply retroactively?
Valentine v. Collier
COVID
U.S. Court of Appeals for the Fifth Circuit Case No. 20-20525
Argued: Thu, Dec 3, 2020
Valentine v. Collier
May a district court compel a prison to take extra hygiene precautions to protect elderly inmates from COVID infection?
Hungary v. Simon
Civil Procedure
U.S. Supreme Court Case No. 18-1447
Argued: Mon, Dec 7, 2020
Hungary v. Simon
May a court abstain where foreign nationals have sued their home country in the United States without exhausting the remedies available to them in their home country?
Germany v. Phillip
International Law
U.S. Supreme Court Case No. 19-351
Argued: Mon, Dec 7, 2020
Germany v. Phillip
Does the expropriation exception to foreign sovereign immunity apply where a country takes the property of its own nationals in supposed violation of international human rights law?
Facebook v. Duguid
Technology
U.S. Supreme Court Case No. 19-511
Argued: Tue, Dec 8, 2020
Facebook v. Duguid
Does an automatic platform for sending text messages constitute an “automatic telephone dialing system” if it does not message phone numbers randomly?
Henry Schein v. Archer and White Sales
Arbitration
U.S. Supreme Court Case No. 19-963
Argued: Tue, Dec 8, 2020
Henry Schein v. Archer and White Sales
Does a provision in an arbitration agreement that exempts certain claims from arbitration negate the delegation of questions of arbitrability to an arbitrator?
American Resorts v. Virgin Islands
Tax
U.S. Court of Appeals for the Third Circuit Case No. 20-1964
Argued: Tue, Dec 8, 2020
American Resorts v. Virgin Islands
Does the Tax Injunction Act apply to challenges to the tax laws of insular possessions?
Columbus Ale House v. Cuomo
COVID
U.S. Court of Appeals for the Second Circuit Case No. 20-3574
Argued: Tue, Dec 8, 2020
Columbus Ale House v. Cuomo
Does New York’s restaurant curfew, barring the service of food after a certain hour, a lawful means to limit the spread of COVID-19?
Collins v. Mnuchin
Separation of Powers
U.S. Supreme Court Case No. 19-422
Argued: Wed, Dec 9, 2020
Collins v. Mnuchin
Does the single-head structure of the Federal Housing Finance Agency violate the separation of powers?
Baisley v. IAM
Labor
U.S. Court of Appeals for the Fifth Circuit Case No. 20-50319
Argued: Wed, Dec 9, 2020
Baisley v. IAM
May employees, who live in right-to-work states, refuse to pay non-member dues to a national union that represents the employees of an out-of-state employer?
St. Ambrose Academy v. Parisi
COVID
Wisconsin Supreme Court Case No. 2020AP001446-OA
Argued: Wed, Dec 9, 2020
St. Ambrose Academy v. Parisi
Must religious schools be exempt from state closure orders imposed in response to the COIVD pandemic?
Roberts v. Glenn Industrial Group
Civil Rights
U.S. Court of Appeals for the Fourth Circuit Case No. 19-1215
Argued: Thu, Dec 10, 2020
Roberts v. Glenn Industrial Group
May a man maintain a discrimination action against a male employer for sex discrimination?
Calvary Chapel Lone Mountain v. Sisolak
COVID
U.S. Court of Appeals for the Ninth Circuit Case No. 20-16274
Argued: Tue, Dec 8, 2020
Calvary Chapel Lone Mountain v. Sisolak
Must churches be entitled to the same 25% capacity cap imposed on other Nevada businesses to suppress the spread of COVID-19?
United States v. Rafiekian
Criminal Procedure
U.S. Court of Appeals for the Fourth Circuit Case No. 19-4803
Argued: Fri, Dec 11, 2020
United States v. Rafiekian
Did the district judge improperly dismiss the conviction of a former Michael Flynn associate convicted of acting as an unregistered foreign agent?
TikTok v. Trump
National Security
U.S. Court of Appeals for the D.C. Circuit Case No. 20-5302
Argued: Mon, Dec 14, 2020
TikTok v. Trump
Did the Trump Administration properly invoke the International Emergency Economic Powers Act to ban the use of TikTok?
Hester v. Gentry
Criminal Procedure
U.S. Court of Appeals for the Eleventh Circuit Case No. 18-13894
Argued: Wed, Dec 16, 2020
Hester v. Gentry
Does a cash bail schedule, which sets bail based on the charge irrespective of the defendant’s ability to pay, violate due process?
Hernandez-Gotay v. United States
First Amendment
U.S. Court of Appeals for the First Circuit Case No. 19-2236
Argued: Tue, Dec 8, 2020
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