This is a list of cases before the United States Supreme Court that the Court has agreed to hear and has not yet decided.[1][2][3]

Future argument dates are in parentheses; arguments in these cases have been scheduled, but have not, and potentially may not, take place.

October Term 2023 cases

Case Docket no. Question(s) presented Certiorari granted Oral argument
Alexander v. South Carolina State Conference of the NAACP 22-807 Whether courts must apply a presumption of good faith to a legislature's racial intent when considering a challenge to legislative districts; whether courts must disentangle race from politics when considering such challenges; and whether courts must consider a district's compliance with traditional districting principles before finding that the legislature predominantly considered race when drawing districts. May 15, 2023 October 11, 2023
Becerra v. San Carlos Apache Tribe 23-250
23-253		 Whether the Indian Health Service must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties. November 20, 2023
Bissonnette v. LePage Bakeries Park St., LLC 23-51 To be exempt from the Federal Arbitration Act, must a class of workers that is actively engaged in interstate transportation also be employed by a company in the transportation industry? September 29, 2023 (February 20, 2024)
Brown v. United States 22-6389
22-6640		 Petition in 22-6389:
Which version of federal law should a sentencing court consult under ACCA’s categorical approach?
Petition in 22-6640:
Whether the "serious drug offense" definition in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules that were in effect at the time of the federal firearm offense (as the Third, Fourth, Eighth, and Tenth Circuits have held), or the federal drug schedules that were in effect at the time of the prior state drug offense (as the Eleventh Circuit held below).		 May 15, 2023 November 27, 2023
Cantero v. Bank of America, N.A. 22-529 Does the National Bank Act preempt the application of state escrow-interest laws to national banks? October 13, 2023 (February 27, 2024)
Campos-Chaves v. Garland 22-674
22-884		 Petition in 22-674:
Whether the government provides notice "required under" and "in accordance with paragraph (1) or (2) of" 8 U.S.C. § 1229(a) when it serves an initial notice document that does not include the "time and place" of proceedings followed by an additional document containing that information, such that an immigration court must enter a removal order in absentia and deny a noncitizen's request to rescind that order.
Petition in 22-884:
Whether the failure to receive, in a single document, all of the information specified in paragraph (1) of 8 U.S.C. § 1229(a) precludes an additional document from providing adequate notice under paragraph (2) of that section, and renders any in-absentia removal order subject, indefinitely, to rescission.		 June 30, 2023 January 8, 2024
Chiaverini v. City of Napoleon, Ohio 23-50 Whether Fourth Amendment malicious prosecution claims are governed by the charge-specific rule, as the Second, Third, and Eleventh Circuits hold, or by the "any crime" rule, as the Sixth Circuit holds. December 13, 2023
City of Grants Pass v. Johnson 23-175 Does the enforcement of generally applicable laws regulating camping on public property constitute "cruel and unusual punishment" prohibited by the Eighth Amendment? January 12, 2024
Coinbase, Inc. v. Suski 23-3 Where parties enter into an arbitration agreement with a delegation clause, should an arbitrator or a court decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation? November 3, 2023 (February 28, 2024)
Connelly v. United States 23-146 Whether the proceeds of a life-insurance policy taken out by a closely held corporation on a shareholder in order to facilitate the redemption of the shareholder's stock should be considered a corporate asset when calculating the value of the shareholder's shares for purposes of the federal estate tax. December 13, 2023
Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited 22-448 Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. § 5497, violates the appropriations clause in Article I, Section 9 of the Constitution, and in vacating a regulation promulgated at a time when the Bureau was receiving such funding. February 27, 2023 October 3, 2023
Corner Post, Inc. v. Board of Governors of the Federal Reserve System 22-1008 Does a plaintiff’s Administrative Procedure Act claim "first accrue[]" under 28 U.S.C. §2401(a) when an agency issues a rule—regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)—or when the rule first causes a plaintiff to "suffer[] legal wrong" or be "adversely affected or aggrieved" (as the Sixth Circuit has held)? September 29, 2023 (February 20, 2024)
Culley v. Marshall 22-585 Whether district courts, in determining whether the due process clause requires a state or local government to provide a post-seizure probable-cause hearing prior to a statutory judicial-forfeiture proceeding and, if so, when such a hearing must take place, should apply the "speedy trial" test employed in United States v. $8,850 and Barker v. Wingo or the three-part due process analysis set forth in Mathews v. Eldridge. April 17, 2023 October 30, 2023
Department of Agriculture Rural Development Rural Housing Service v. Kirtz 22-846 Whether the civil-liability provisions of the Fair Credit Reporting Act unequivocally and unambiguously waive the sovereign immunity of the United States. June 20, 2023 November 6, 2023
Department of State v. Muñoz 23-334 (1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and
(2) whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under 8 U.S.C. § 1182(a)(3)(A)(ii) suffices to provide any process that is due.		 January 12, 2024
Devillier v. Texas 22-913 May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action? September 29, 2023 (January 16, 2024)
Diaz v. United States 23-14 In a prosecution for drug trafficking-where an element of the offense is that the defendant knew she was carrying illegal drugs-does Rule 704(b) permit a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters? November 13, 2023
Erlinger v. United States 23-370 Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act. November 20, 2023
FDA v. Alliance for Hippocratic Medicine 23-235
23-236		 Petition in 23-235:
(1) Whether respondents have Article III standing to challenge FDA’s 2016 and 2021 actions; and
(2) Whether FDA’s 2016 and 2021 actions were arbitrary and capricious; and
(3) Whether the district court properly granted preliminary relief.
Petition in 23-236:
(1) Whether an association can demonstrate Article III standing to enjoin a government action by arguing that some unspecified member may be injured at some future time by the challenged action; and
(2) Whether the Fifth Circuit erred in upholding the preliminary injunction of FDA’s 2016 and 2021 actions based on the court’s review of an incomplete administrative record.		 December 13, 2023
Federal Bureau of Investigation v. Fikre 22-1178 Whether respondent's claims challenging his placement on the No Fly List are moot. September 29, 2023 January 8, 2024
Fischer v. United States 23-5572 Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) ("Witness, Victim, or Informant Tampering"), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence? December 13, 2023
Garland v. Cargill 22-976 Whether a bump stock device is a "machinegun" as defined in 26 U.S.C. 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires "automatically more than one shot * * * by a single function of the trigger." November 3, 2023 (February 28, 2024)
Gonzalez v. Trevino 22-1025 (1) Whether the Nieves v. Bartlett probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened; and
(2) whether the Nieves probable cause rule is limited to individual claims against arresting officers for split-second arrests.		 October 13, 2023
Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC 22-500 Whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the "strong public policy" of the state whose law is displaced. March 6, 2023 October 10, 2023
Harrington v. Purdue Pharma L.P. 23-124 Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants' consent. August 10, 2023 December 4, 2023
Harrow v. Department of Defense 23-21 Whether the 60-day deadline in Section 7703(b)(1)(A) is jurisdictional. December 8, 2023
Lindke v. Freed 22-611 Whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office. April 24, 2023 October 31, 2023
Loper Bright Enterprises v. Raimondo 22-451
22-1219		 Whether the court should overrule Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. May 1, 2023 (January 17, 2024)
Macquarie Infrastructure Corporation v. Moab Partners, L.P. 22-1165 Whether the Second Circuit erred in holding—in conflict with the Third, Ninth, and Eleventh Circuits—that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise-misleading statement. September 29, 2023 (January 16, 2024)
McElrath v. Georgia 22-721 Whether the Double Jeopardy Clause of the Fifth Amendment prohibits a second prosecution for a crime of which a defendant was previously acquitted. June 30, 2023 November 28, 2023
McIntosh v. United States 22-7386 Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Rule 32.2, Fed.R.Crim.P.? September 29, 2023 (February 27, 2024)
Moody v. NetChoice, LLC
NetChoice v. Paxton		 22-277
22-555		 (1) Whether the laws' content-moderation restrictions comply with the First Amendment; and
(2) whether the laws' individualized-explanation requirements comply with the First Amendment.		 September 29, 2023 (February 26, 2024)
Moore v. United States 22-800 Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. June 26, 2023 December 5, 2023
Moyle v. United States 23-726
23-727		 Whether EMTALA preempts state laws that protect human life and prohibit abortions, like Idaho’s Defense of Life Act. January 5, 2024
Muldrow v. City of St. Louis 22-193 Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage? June 30, 2023 December 6, 2023
Murray v. UBS Securities, LLC 22-660 Whether, following the burden-shifting framework that governs cases under the Sarbanes-Oxley Act of 2002, a whistleblower must prove his employer acted with a "retaliatory intent" as part of his case in chief, or whether the lack of "retaliatory intent" is part of the affirmative defense on which the employer bears the burden of proof. May 1, 2023 October 10, 2023
Murthy v. Missouri 23-411 (1) Whether respondents have Article III standing; and
(2) whether the government's challenged conduct transformed private social-media companies' content-moderation decisions into state action and violated respondents' First Amendment rights; and
(3) whether the terms and breadth of the preliminary injunction are proper.		 October 20, 2023
National Rifle Association of America v. Vullo 22-842 Does the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government's own hostility to the speaker's viewpoint or (b) a perceived "general backlash" against the speaker's advocacy? November 3, 2023
O'Connor-Ratcliff v. Garnier 22-324 Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social-media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty. April 24, 2023 October 31, 2023
Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC 22-1238 Whether the appropriate remedy for the constitutional uniformity violation found by this Court in Siegel v. Fitzgerald is to require the United States Trustee to grant retrospective refunds of the increased fees paid by debtors in United States Trustee districts during the period of disuniformity, or is instead either to deem sufficient the prospective remedy adopted by Congress or to require the collection of additional fees from a much smaller number of debtors in Bankruptcy Administrator districts. September 29, 2023 January 9, 2024
Ohio v. EPA 23A349
23A350
23A351
23A384		 Whether the Supreme Court should stay the Federal 'Good Neighbor Plan' for the 2015 Ozone National Ambient Air Quality Standards. December 20, 2023[lower-alpha 1] (February 21, 2024)
Pulsifer v. United States 22-340 Whether a defendant satisfies the criteria in 18 U.S.C. § 3553(f)(1) as amended by section 402(a) of First Step Act of 2018 in order to qualify for the federal drug-sentencing "safety valve" provision so long as he does not have (a) more than four criminal history points, (b) a three-point offense, and (c) a two-point offense, or whether the defendant satisfies the criteria so long as he does not have (a), (b), or (c). February 27, 2023 October 2, 2023
Rudisill v. McDonough 22-888 Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill and the Post-9/11 GI Bill is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit. June 26, 2023 November 8, 2023
SEC v. Jarkesy 22-859 (1) Whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; and
(2) whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; and
(3) whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.		 June 30, 2023 November 29, 2023
Sheetz v. County of El Dorado 22-1074 Whether a permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard simply because it is authorized by legislation. September 29, 2023 January 9, 2024
Smith v. Arizona 22-899 Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst. September 29, 2023 January 10, 2024
Smith v. Spizzirri 22-1218 Whether Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to arbitration. January 12, 2024
Snyder v. United States 23-108 Whether 18 U.S.C. § 666 criminalizes gratuities, i.e., payments in recognition of actions the official has already taken or committed to take, without any quid pro quo agreement to take those actions. December 13, 2023
Starbucks Corporation v. McKinney 23-367 Whether courts must evaluate the NLRB’s requests for section 29 U.S.C. § 160(b) Section 10(j) injunctions under the traditional, stringent four-factor test for preliminary injunctions or under some other more lenient standard. January 12, 2024
Thornell v. Jones 22-982 Did the Ninth Circuit violate this Court's precedents by employing a flawed methodology for assessing Strickland prejudice when it disregarded the district court’s factual and credibility findings and excluded evidence in aggravation and the State’s rebuttal when it reversed the district court and granted habeas relief? December 13, 2023
Truck Insurance Exchange v. Kaiser Gypsum Company, Inc. 22-1079 Whether an insurer with financial responsibility for a bankruptcy claim is a "party in interest" that may object to a Chapter 11 plan of reorganization. October 13, 2023
Trump v. Anderson 23-719 Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot? January 5, 2024 (February 8, 2024)
United States v. Rahimi 22-915 Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face. June 30, 2023 November 7, 2023
Vidal v. Elster 22-704 Whether the refusal to register a trademark under 15 U.S.C. § 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure. June 5, 2023 November 1, 2023
Warner Chappell Music, Inc. v. Nealy 22-1078 Whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act's statute of limitations for civil actions, 17 U.S.C. § 507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit. September 29, 2023 (February 21, 2024)
Wilkinson v. Garland 22-666 Whether an agency determination that a given set of established facts does not rise to the statutory standard of "exceptional and extremely unusual hardship" is a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i). June 30, 2023 November 28, 2023
Williams v. Washington 23-191 Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court. January 12, 2024

See also

Notes

  1. ↑ This is the date when the Supreme Court deferred decision of the stay application until oral argument. The case is before the Supreme Court through an application for a stay pending certiorari rather than through a petition for certiorari, so certiorari has not been granted.

References

  1. ↑ "2022–23 Term". Oyez. Retrieved July 1, 2022.
  2. ↑ "Calendars and Lists". www.supremecourt.gov. Retrieved January 8, 2021.
  3. ↑ "October Term 2022 Cases for Argument" (PDF). supremecourt.gov. Retrieved June 11, 2022.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.