Detailed
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Art
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November 13, 2019
A case in which the Court will decide whether an order denying a motion for relief from the automatic stay in bankruptcy proceeding is a final order under 28 U.S.C. § 158(a)(1).
November 12, 2019
A case in which the Court will decide (1) whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals (DACA) policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
November 6, 2019
A case in which the Court will decide whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater.
November 5, 2019
A case in which the Court will resolve a circuit split as to whether under federal maritime law a safe-berth clause in a voyage charter contract is a guarantee of a ship’s safety (as the Second Circuit and Third Circuit, below, held) or a duty of due diligence (as the Fifth Circuit has held).
November 4, 2019
A case in which the Court will decide whether 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, 8 U.S.C. § 1229b(d)(1).
October 16, 2019
A case in which the Court will decide (1) whether the Immigration Reform and Control Act (IRCA) expressly preempts states from using information provided on a federal Form I-9 in a prosecution of any person when the same information also appears in non-IRCA documents; and (2) whether the Act impliedly preempts Kansas’s prosecution of the respondents in this case.
October 15, 2019
A group of cases in which the Court will decide the constitutionality of President Barack Obama’s appointments (without their being confirmed by the Senate) to the oversight board created to help Puerto Rico recover from its substantial indebtedness.
October 8, 2019
A case in which the Court will decide whether Title VII of the Civil Rights Act of 1964, which prohibits against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
October 7, 2019
A case in which the Court will decide whether the Eighth and Fourteenth Amendments allow a state to abolish the insanity defense.
April 24, 2019
A case in which the Court held that a creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
April 23, 2019
A case in which the Court held that the Secretary of Commerce did not violate the Enumeration Clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case to the agency where the evidence tells a story that does not match the Secretary’s explanation for his decision.
April 22, 2019
A case in which the Court held that where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of Exemption 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4).
April 17, 2019
A case in which the Court held that the subsection-specific definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B)—which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime—is unconstitutionally vague.
April 16, 2019
A case in which the Court held that the presence of in-state beneficiaries alone does not empower a state to tax trust income that has not been distributed to the beneficiaries where the beneficiaries have no right to demand that income and are uncertain to receive it.
April 15, 2019
A case in which the Court held that the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks, in Section 2(a), violates the Free Speech Clause of the First Amendment.
March 27, 2019
A case in which the Court held that Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation, are not overruled.
March 26, 2019
A case in which the Court held that partisan gerrymandering claims are not justiciable because they present a political question beyond the reach of the federal courts.
March 25, 2019
A case in which the Court held that Fourth Circuit did not properly consider preliminary issues that determine whether a district court must accept the Federal Communication Commission's legal interpretation of the Telephone Consumer Protection Act.
March 20, 2019
A case in which the Court held that the trial court in this case committed clear error at Flowers’ sixth murder trial by concluding that the state’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.
March 19, 2019
A case in which the Court held that a relator in a False Claims Act qui tam action may 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, but the relator does not constitute an “official of the United States” for purposes of that section.
March 18, 2019
A case in which the Court was asked to decide whether the district court in this case erred in finding that (1) race predominated over traditional districting factors in the construction of 11 districts, and (2) the Virginia House of Delegates did not satisfy its burden of showing the use of race was narrowly tailored to achieve the compelling state interest of compliance with Section 5 of the Voting Rights Act. The Court instead dismissed the appeal, holding that the House of Delegates lacked standing to appeal the invalidation of Virginia’s redistricting plan.
February 27, 2019
A case in which the Court held that the display and maintenance of a large memorial cross by a local government does not violate the Establishment Clause of the First Amendment.
February 26, 2019
A case in which the Court held that pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
February 25, 2019
A case in which the Court held that Manhattan Community Access Corp, which operates public access channels, is not a state actor subject to constitutional liability.
February 20, 2019
A case in which the Court held that in bankruptcy proceedings, the debtor’s rejection of a license agreement has the same effect as breach of that contract outside the bankruptcy context and thus cannot rescind rights that the contract previously granted.
February 19, 2019
A case in which the Court held that under the Leahy-Smith America Invents Act, the federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings.
January 16, 2019
A case in which the Court held that a government violates the Takings Clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U.S.C. § 1983 at that time; the state-litigation requirement set forth in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), is overruled.
January 15, 2019
A case in which the Court vacated a policy change of the US Department of Health and Human Services for failing to provide notice and an opportunity to comment before implementing a rule changing its Medicare reimbursement formula.
January 14, 2019
A case in which the Court held that statute that waives the Tennessee Valley Authority’s sovereign immunity from suit by making it a “sue-and-be-sued” type entity is not subject to a discretionary function exception of the kind in the Federal Tort Claims Act but may be subject to an implied restriction as recognized in Federal Housing Authority v. Burr, 309 U.S. 242 (1940).
January 9, 2019
A case in which the Court held that a state cannot be sued in the courts of another state without its consent, overruling Nevada v. Hall.
January 8, 2019
A case in which the Court held that Wyoming’s admission to the Union did not abrogate the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” and the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
January 7, 2019
A case in which the Court held that a business engaged in no more than non-judicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for one limited purpose as defined within the Act.
December 6, 2018
A case in which the Court upheld its “separate sovereigns” exception to the Double Jeopardy Clause.
December 4, 2018
A case in which the Court held that a vocational expert’s testimony may constitute “substantial evidence” of “other work” even if the expert does not provide the underlying data on which that testimony is premised.
December 3, 2018
A case in which the Court will held that dissemination of false or misleading statements with intent to defraud falls within the scope of Rules 10b-5(a) and (c) even if the disseminator did not “make” the statements as defined by the Court’s precedent.
November 28, 2018
A case in which the Court held that the Eighth Amendment’s Excessive Fines Clause is incorporated against the states under the Fourteenth Amendment's Due Process Clause.
November 27, 2018
A case in which the Court will decide whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).
November 26, 2018
A case in which the Court held that the presence of probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.
November 7, 2018
A case in which the Court resolved a circuit split in holding that plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act must serve the foreign state under 28 U.S.C. § 1608(a)(3) by mail addressed and dispatched to the head of the foreign state's ministry of foreign affairs in the foreign state, not at the foreign state's embassy in the United States.
November 6, 2018
A case in which the Court clarified the evidentiary burden for a death-row prisoner seeking an alternative method of execution and held that the prisoner in this case failed to meet that burden.
November 5, 2018
A case in which the Court held that Alaska’s Nation River is not public land and that, like all non-public lands and navigable waters within Alaska’s national parks, the Nation River is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s regulatory authority.
October 31, 2018
A case in which the Court held that under the international organizations have the immunity that foreign governments enjoy at present, as described in the Foreign Sovereign Immunities Act of 1976, not the immunity they enjoyed at the time the International Organizations Immunities Act of 1945 was enacted.
October 30, 2018
A case in which the Court held that the “right to travel” provision of the Yakama Treaty of 1855 (between the United States and the Yakama Nation of Indians) preempts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation.
October 29, 2018
A case in which the Court held that the Federal Arbitration Act does not permit a court to resolve a question of arbitrability when the parties to the contract at issue delegated such questions to an arbitrator.
October 10, 2018
A case in which the Court held that a noncitizen released from criminal custody does not become exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately.
October 9, 2018
A case in which the Court held that a state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(b)(i), even though that offense requires only slight force to overcome resistance.
October 3, 2018
A case in which the Court held that (1) a court, not an arbitrator, must determine the applicability of Section 1 of the Federal Arbitration Act, and (2) under that provision, the term “contracts of employment” includes independent contractor agreements.
October 2, 2018
A case in which the Court held that the Eighth Amendment does not prohibit a state from executing a prisoner who due to mental disability cannot remember committing his crime, but it does prohibit executing a prisoner who cannot rationally understand the reasons for his execution, whether that inability is due to psychosis or dementia.
October 1, 2018
A case in which the Court held that the ADEA applies to all state political subdivisions of any size, resolving a circuit split between the Ninth Circuit and four other circuits.
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