U.S. Supreme Court Oral Arguments

By Oyez

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Episode Date
Gamble v. United States
A case in which the Court will decide whether to overrule the “separate sovereigns” exception to the Double Jeopardy Clause.
Dec 06, 2018
Biestek v. Berryhill
A case in which the Court will decide whether an applicant for Supplemental Security Income (SSI) and Disability Insurance (SSDI) may use a vocational expert’s testimony as “substantial evidence” of “other work” if the expert does not provide the underlying data on which that testimony is premised.
Dec 04, 2018
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.
A case in which the Court will decide whether, under the Leahy-Smith America Invents Act, an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.
Dec 04, 2018
Lorenzo v. Securities and Exchange Commission
A case in which the Court will decide whether a false statement that is not “made” by a person under the definition set forth in Janus Capital Group, Inc. v. First Derivative Traders can nevertheless be the basis of a fraudulent-scheme claim under Securities Exchange Act Rule 10b-5.
Dec 03, 2018
Dawson v. Steager
A case in which the Court will decide whether a provision of the West Virginia Code that exempts from state taxation the retirement income of many state and local firefighters and law enforcement officers, but not federal marshals, violates 4 U.S.C. § 111 by discriminating “because of the source of the pay or compensation.”
Dec 03, 2018
Timbs v. Indiana
A case in which the Court will decide whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
Nov 28, 2018
Nutraceutical Corp. v. Lambert
A case in which the Court will decide whether the U.S. Court of Appeals for the 9th Circuit erred when it ruled that equitable exceptions apply to mandatory claim-processing rules, such as Federal Rule of Civil Procedure 23(f), which sets a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification, and can excuse a party’s failure to file timely within the deadline established by Federal Rule of Civil Procedure 23(f), in conflict with the rulings of the U.S. Courts of Appeals for the 2nd, 3rd, 4th, 5th, 7th, 10th and 11th Circuits.
Nov 27, 2018
Carpenter v. Murphy
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).
Nov 27, 2018
Apple v. Pepper
A case in which the Court will decide whether consumers may sue anyone who delivers goods to them for antitrust damages (in this case, Apple), even where they seek damages based on prices set by third parties (in this case, app developers) who would be the immediate victims of the alleged offense.
Nov 26, 2018
Nieves v. Bartlett
A case in which the Court will decide whether probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.
Nov 26, 2018
Republic of Sudan v. Harrison
A case in which the Court will decide whether the U.S. Court of Appeals for the 2nd Circuit erred by holding – in direct conflict with the U.S. Courts of Appeals for the District of Columbia, 5th and 7th Circuits and in the face of an amicus brief from the United States – that plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act may 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 “via” or in “care of” the foreign state's diplomatic mission in the United States, despite U.S. obligations under the Vienna Convention on Diplomatic Relations to preserve mission inviolability.
Nov 07, 2018
Culbertson v. Berryhill
A case in which the Court will decide whether fees subject to 42 U.S.C. § 406(b)’s 25-percent cap related to the representation of individuals claiming Social Security benefits include only fees for representation in court, as the U.S. Courts of Appeals for the 6th, 9th, and 10th Circuits have held, or whether they also include fees for representation before the agency, as the U.S. Courts of Appeals for the 4th, 5th, and 11th Circuits have held.
Nov 07, 2018
Bucklew v. Precythe
A case in which the Court will decide the evidentiary burden of an inmate raising an as-applied challenge to a state’s method of execution and seeking an alternative execution method.
Nov 06, 2018
BNSF Railway Company v. Loos
A case in which the Court will decide whether under the Railroad Retirement Tax Act, a railroad company's payment to an employee for time lost from work is compensation subject to employment taxes.
Nov 06, 2018
Sturgeon v. Frost
A case in which the Court will decide whether the Alaska National Interest Lands Conservation Act prohibits the National Park Service from exercising regulatory control over State, Native Corporation, and private land physically located within the boundaries of the National Park System in Alaska.
Nov 05, 2018
Virginia Uranium, Inc. v. Warren
A case in which the Court will decide whether the federal Atomic Energy Act preempts a Virginia ban on non-federal uranium mining.
Nov 05, 2018
Jam v. International Finance Corp.
A case in which the Court will decide the level of immunity enjoyed by international organizations under the International Organizations Immunities Act.
Oct 31, 2018
Frank v. Gaos
A case in which the Court will decide whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must be “fair, reasonable, and adequate.”
Oct 31, 2018
Washington State Department of Licensing v. Cougar Den, Inc.
A case in which the Court will decide whether 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.
Oct 30, 2018
Garza v. Idaho
A case in which the Court will decide whether the decision of a criminal defendant’s trial lawyer not to appeal a conviction because the defendant’s plea agreement included an appeal waiver triggers a “presumption of prejudice” indicating ineffective assistance of counsel.
Oct 30, 2018
Henry Schein Inc. v. Archer and White Sales Inc.
A case in which the Court will decide whether the Federal Arbitration Act permits 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.”
Oct 29, 2018
Lamps Plus, Inc. v. Varela
A case in which the Court will decide whether the Federal Arbitration Agreement forecloses a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used in arbitration agreements.
Oct 29, 2018
Nielsen v. Preap
A case in which the Court will decide whether a noncitizen released from criminal custody becomes 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.
Oct 10, 2018
Air and Liquid Systems Corp. v. Devries
A case in which the Court will decide whether products liability defendants can be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute.
Oct 10, 2018
Stokeling v. United States
A case in which the Court will decide whether 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), when that offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
Oct 09, 2018
United States v. Stitt
A case in which the Court held that residential burglary under Arkansas law and aggravated burglary under Tennessee law are the same as “general burglary” such that convictions for those crimes can serve as predicate crimes for the purpose of the enhanced sentencing provision of the Armed Career Criminal Act of 1984.
Oct 09, 2018
New Prime Inc. v. Oliveira
A case in which the Court will decide (1) whether a court or an arbitrator must determine the applicability of Section 1 of the Federal Arbitration Act, and (2) whether that provision, which applies only to “contracts of employment,” includes independent contractor agreements.
Oct 03, 2018
Knick v. Township of Scott, Pennsylvania
A case in which the Court will (1) consider whether to affirm or abrogate its holding in Williamson County Regional Planning Commission v. Hamilton Bank that requires property owners to exhaust state court remedies before bringing federal Takings Clause claims, and (2) resolve a circuit split as to whether the ripeness doctrine established in Williamson County applies to takings claims that assert that a law is unconstitutional on its face.
Oct 03, 2018
Madison v. Alabama
A case in which the Court will decide whether the Eighth Amendment prohibits a state from executing an inmate whose mental disability renders him unable to remember the crime for which he is to be executed or understand the circumstances of his scheduled execution.
Oct 02, 2018
Gundy v. United States
A case in which the Court will decide whether the Sex Offender Notification and Registration Act’s delegation of authority to the U.S. Attorney General to issue regulations under 42 U.S.C. § 16913 violates the nondelegation doctrine.
Oct 02, 2018
Mount Lemmon Fire District v. Guido
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.
Oct 01, 2018
Weyerhaeuser Company v. United States Fish and Wildlife Service
A case in which the Court held that (1) to be designated a "critical habitat" under the Endangered Species Act, the land must already be habitat for the species; and (2) an agency determination not to exclude an area from critical habitat due to the economic impact of designation is subject to judicial review.
Oct 01, 2018
Trump v. Hawaii
A case in which the Court held that President Donald Trump’s Proclamation restricting travel and immigration to the US from certain countries (“travel ban”) does not violate the president’s statutory authority or the Establishment Clause of the Constitution. The Court was also asked, but did not decide, whether a global injunction barring enforcement of parts of the Proclamation is impermissibly overbroad.
Apr 25, 2018
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
A case in which the Court decided that a federal court determining foreign law pursuant to Federal Rule of Civil Procedure 44.1 should accord respectful consideration to a foreign government’s submission, but the court is not bound to accord conclusive effect to the foreign government’s statements.
Apr 24, 2018
Abbott v. Perez
A case in which the Court decided that the district court erred in disregarding the presumption of good faith on the part of the Texas Legislature and improperly reversed the burden of proof in requiring the state to show a lack of discriminatory intent in adopting new districting plans; the Court also held that one of the state house districts at issue was an impermissible racial gerrymander.
Apr 24, 2018
Pereira v. Sessions
A case in which the Court held that a notice to appear for a removal hearing that does not specify the place and time of the hearing does not trigger the stop-time rule of 8 U.S.C. § 1229b(b)(1), which gives the attorney general discretion to cancel removal for an alien who, among other criteria, has been continuously physically present in the country for at least ten years.
Apr 23, 2018
Chavez-Meza v. United States
A case in which the Court held that because the record in this case as a whole demonstrated that the judge had a reasoned basis for his decision, the judge’s explanation for reducing Adaucto Chavez-Meza’s sentence under 18 U.S.C. § 3582(c)(2) to the middle instead of the bottom of the amended Federal Guidelines range was adequate.
Apr 23, 2018
Lucia v. Securities and Exchange Commission
A case in which the Court decided that administrative law judges of the Securities and Exchange Commission are "officers of the United States" subject to the Constitution's Appointments Clause.
Apr 23, 2018
Lagos v. United States
A case in which the Court held that under the Mandatory Victims Restitution Act, pursuant to 18 U.S.C. § 3663A(b)(4), which pertains to reimbursement by defendants to victims for expenses incurred during the investigation or prosecution related to the offense, the words “investigation” and “proceedings” encompass only government investigations and criminal proceedings and do not include private investigations and civil or bankruptcy proceedings.
Apr 18, 2018
Washington v. United States
A case in which the Court was asked to decide, among other things, whether the state of Washington’s use of culverts to divert water violates its treaties with Indian tribes, and if so, whether the state must replace those culverts, at great cost.
Apr 18, 2018
Lamar, Archer & Cofrin, LLP v. Appling
A case in which the Court decided that a statement regarding a specific asset can be a “statement respecting the debtor’s . . . financial condition” under section 523(a)(2)(B) of the Bankruptcy Code.
Apr 17, 2018
South Dakota v. Wayfair, Inc.
A case in which the Court overruled Quill Corp. v. North Dakota and National Bellas Hess, Inc. v. Department of Revenue of Illinois, holding that states may require sellers with no physical presence in the state to collect and remit sales tax for goods sold within the state.
Apr 17, 2018
Wisconsin Central Ltd. v. United States
A case in which the Court decided that employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act because they are not “money remuneration.”
Apr 16, 2018
WesternGeco LLC v. ION Geophysical Corp.
A case in which the Court held that WesternGeco’s award for lost profits was a permissible domestic application of § 284 of the Patent Act.
Apr 16, 2018
Benisek v. Lamone
A case in which the Court upheld the federal district court's denial of a motion for a preliminary injunction by several Republican voters who alleged partisan gerrymandering in Maryland.
Mar 28, 2018
Koons v. United States
A case in which the Court decided that the petitioners, who were criminal defendants, were not eligible for sentence reductions under 18 U.S.C. § 3582(c)(2) because their sentences were not “based on” their lowered Federal Sentencing Guidelines ranges, but rather were “based on” the mandatory minimum sentences for their offenses and their substantial assistance to the government.
Mar 27, 2018
Hughes v. United States
A case in which the Court decided that a sentence imposed pursuant to a Federal Rule of Criminal Procedure 11(c)(1)(C) (“Type C”) plea bargain is “based on” the defendant’s Federal Sentencing Guidelines range as long as that range was a component of the framework the court used in imposing the sentence or accepting the plea bargain, meaning that in this case, Erik Hughes could seek a sentencing reduction under 18 U.S.C. § 3582(c)(2).
Mar 27, 2018
China Agritech v. Resh
A case in which the Court decided that upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing a individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.
Mar 26, 2018
United States v. Sanchez-Gomez
A case in which the Court held that challenges to the federal district-wide policy of using of pretrial physical restraints are moot.
Mar 26, 2018
Upper Skagit Indian Tribe v. Lundgren
A case in which the Court held that its prior decision in County of Yakima v. Confederated Tribes and Bands of Yakima Nation addressed only a question of statutory interpretation, not the question whether Indian tribes have sovereign immunity in in rem lawsuits.
Mar 21, 2018
National Institute of Family and Life Advocates v. Becerra
A case in which the Court decided that pro-life pregnancy center petitioners were likely to succeed on their claim that the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act violated the First Amendment.
Mar 20, 2018
Sveen v. Melin
A case in which the Court will decided that the retroactive application of Minnesota’s revocation-upon-divorce statute, which automatically nullifies the designation of an ex-spouse as the beneficiary of a life insurance policy or other will substitute, does not violate the contracts clause of the Constitution.
Mar 19, 2018
Minnesota Voters Alliance v. Mansky
A case in which the Court held unconstitutional a Minnesota statute that prohibited individuals from wearing political apparel at or around polling places on primary or election days.
Feb 28, 2018
United States v. Microsoft Corporation
A case in which, following the enactment of the Clarifying Lawful Overseas Use of Data Act, the Court vacated the judgment on review and remanded with instructions to first vacate the district court's contempt finding and its denial of Microsoft's motion to quash, and then to direct the district court to dismiss as moot a case regarding whether a provision of the Stored Communications Act, 18 U.S.C. § 2703, requires that an email provider who has been served with a warrant provide the federal government with emails, even when the email records are stored exclusively outside the United States.
Feb 27, 2018
Lozman v. City of Riviera Beach, Florida
A case in which the Court decided that the existence of probable cause for Fane Lozman’s arrest for disrupting a city council meeting did not bar his First Amendment retaliatory arrest claim under the circumstances of this case.
Feb 27, 2018
Janus v. American Federation of State, County, and Municipal Employees, Council 31
A case in which the Court decided the State of Illinois’ extraction of agency fees from nonconsenting public-sector employees violates the First Amendment; Abood v. Detroit Bd. of Ed., 431 U.S. 209 (1977), which held otherwise, was overruled.
Feb 26, 2018
Ohio v. American Express Co.
A case in which the Court held, under the “rule of reason,” that the government’s showing that American Express’s anti-steering provisions stifled price competition on the merchant side of the credit-card platform was not sufficient to prove a violation of antitrust law.
Feb 26, 2018
Dahda v. United States
A case in which the Court decided that wiretap orders authorized by a judge for the federal district of Kansas in a government investigation of a suspected Kansas drug distribution ring were not facially insufficient because they did not lack any information that the wiretap statute required them to include, and because the challenged language permitting interception outside the court’s territorial jurisdiction was surplus.
Feb 21, 2018
Rosales-Mireles v. United States
A case in which the Court held that a miscalculation of a Federal Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Federal Rule of Criminal Procedure 52(b) to vacate the defendant’s sentence in the ordinary case.
Feb 21, 2018
City of Hays, Kansas v. Vogt
A case in which the Court was asked to clarify the scope of the Fifth Amendment right against self-incrimination in a “criminal case”—specifically whether the Fifth Amendment is violated when a criminal defendant is compelled to incriminate himself and the incriminating statement is used in a probable cause hearing.
Feb 20, 2018
Currier v. Virginia
A case in which the Court decided that because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.
Feb 20, 2018
McCoy v. Louisiana
A case in which the Court held that a criminal defendant has the right under the Sixth Amendment to insist that his attorney not concede guilt in a capital case.
Jan 17, 2018
Encino Motorcars, LLC v. Navarro
A case in which the Court decided that because service advisors at car dealerships are “salesm[e]n . . . primarily engaged in . . . servicing automobiles,” 29 U.S.C. § 213(b)(10)(A), they are exempt from the Fair Labor Standards Act's overtime-pay requirements.
Jan 17, 2018
Hall v. Hall
A case in which the Court decided that when one of multiple cases consolidated under FRCP 42(a) is finally decided, that ruling confers upon the losing party the right to immediate appeal regardless of whether any of the other consolidated cases are still pending.
Jan 16, 2018
Dalmazzi v. United States
A case in which the Court was asked to determine (1) whether it has jurisdiction to review two of the consolidated cases under 28 U.S.C. § 1259(3); (2) whether Judge Martin T. Mitchell’s simultaneous service on the US Court of Military Commission Review (CMCR) and the US Air Force Court of Criminal Appeals (AFCCA) violated the Appointments Clause; (3) whether Judge Mitchell’s service on the CMCR disqualified him from continuing to serve on the AFCCA; and (4) whether the US Court of Appeals for the Armed Forces erred in holding Petitioner’s claims moot.
Jan 16, 2018
Husted v. A. Philip Randolph Institute
A case in which the Court upheld Ohio's list-maintenance process against a challenge under under National Voter Registration Act of 1993 (NVRA) and the Help America Vote Act of 2002 (HAVA).
Jan 10, 2018
Collins v. Virginia
A case in which the Court held that a police officer cannot, under the Fourth Amendment, enter private property in order to conduct a warrantless search of a vehicle parked a few feet from the house.
Jan 09, 2018
Byrd v. United States
A case in which the Court held that a driver of a rental car who has permission to drive the car but is not listed as an authorized driver on the rental agreement has a reasonable expectation of privacy in the rental car.
Jan 09, 2018
Texas v. New Mexico and Colorado
A case in which the Court held that the United States is permitted to intervene in this particular dispute over a compact between states to defend "distinctively federal interests" that a normal litigant might not be permitted to pursue in traditional litigation.
Jan 08, 2018
Florida v. Georgia
A case in which the Court held that Florida made a legally sufficient showing as to the possibility of fashioning an effective remedial decree equitably apportioning the waters of the Apalachicola-Chattahoochee-Flint River Basin (ACF Basin).
Jan 08, 2018