U.S. Supreme Court Oral Arguments

By Oyez

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Description

A case in which the Court held that the Constitution does not prohibit Washington's “faithless elector” law, which requires presidential electors to vote the way state law directs.

Episode Date
Colorado Department of State v. Baca
61:08
A case in which the Court will decide the constitutionality of state laws that prohibit so-called “faithless” electors from casting their votes in the Electoral College, and whether those electors may sue the state for enforcing such laws.
May 13, 2020
Chiafalo v. Washington
74:27
A case in which the Court will decide whether “faithless elector” laws, which require presidential electors to vote the way state law directs, violate the First Amendment rights of the electors.
May 13, 2020
Trump v. Mazars USA, LLP
96:29
A case in which the Court will decide whether the Constitution prohibits subpoenas issued to Donald Trump’s accounting firm requiring it to provide non-privileged financial records relating to Trump and certain of his businesses.
May 12, 2020
Trump v. Vance
101:21
A case in which the Court will decide whether, consistent with Article II and the Supremacy Clause of the Constitution, a county prosecutor may subpoena a third-party custodian for the financial and tax records of a sitting president, over which the president has no claim of executive privilege.
May 12, 2020
Our Lady of Guadalupe School v. Morrissey-Berru
98:33
A case in which the Court will decide whether the First Amendment’s religion clauses prevent civil courts from adjudicating employment-discrimination claims brought by an employee against her religious employer, when the employee carried out important religious functions.
May 11, 2020
McGirt v. Oklahoma
91:45
A case in which the Court will decide whether parts of eastern Oklahoma is an Indian reservation subject to exclusive federal jurisdiction.
May 11, 2020
Barr v. American Association of Political Consultants Inc.
72:55
A case in which the Court will decide whether a provision of the Telephone Consumer Protection Act of 1991 creating an exception to the prohibition on automated calls for government debt collection calls violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.
May 06, 2020
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania
99:20
A case in which the Court will decide whether the federal government acted properly when it added extensive exemptions to regulations requiring employers to include contraceptive coverage in employee health plans.
May 06, 2020
Barr v. American Association of Political Consultants Inc.
72:55
A case in which the Court will decide whether a provision of the Telephone Consumer Protection Act of 1991 creating an exception to the prohibition on automated calls for government debt collection calls violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.
May 06, 2020
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania
99:20
A case in which the Court will decide whether the federal government acted properly when it added extensive exemptions to regulations requiring employers to include contraceptive coverage in employee health plans.
May 06, 2020
United States Agency for International Development v. Alliance for Open Society International, Inc.
68:42
A case in which the Court will resolve a question over the scope of Congress's power to condition federal funding to organizations that fight HIV/AIDS abroad on those organizations' express policies on prostitution and sex trafficking.
May 05, 2020
U.S. Patent and Trademark Office v. Booking.com B.V.
75:51
A case in which the Court will decide whether the addition by an online business of a generic top-level domain (“.com”) to an otherwise generic term can create a protectable trademark, despite the Lanham Act’s prohibition on generic terms as trademarks.
May 04, 2020
June Medical Services LLC v. Russo
59:39
A case in which the Court will decide whether the decision by the U.S. Court of Appeals for the Fifth Circuit upholding Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital conflicts with the Court’s binding precedent in Whole Woman’s Health v. Hellerstedt.
Mar 04, 2020
Seila Law LLC v. Consumer Financial Protection Bureau
74:42
A case in which the Court will decide (1) whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers; and (2) whether, if the Consumer Financial Protection Bureau is found unconstitutional on the basis of the separation of powers, 12 U.S.C. § 5491(c)(3) is severable from the Dodd-Frank Act.
Mar 03, 2020
Liu v. Securities and Exchange Commission
52:58
A case in which the Court will decide whether the Securities and Exchange Commission may seek and obtain disgorgement from a court as “equitable relief” for a securities law violation.
Mar 03, 2020
Nasrallah v. Barr
60:50
A case in which the Court will decide whether the federal courts have jurisdiction to review an administrative agency’s factual findings underlying denials of withholding (and deferral) of removal relief, notwithstanding 8 U.S.C. § 1252(a)(2)(C), which seems to divest courts of jurisdiction in such cases.
Mar 02, 2020
Department of Homeland Security v. Thuraissigiam
60:40
A case in which the Court will decide whether 8 U.S.C. § 1252(e)(2) as applied to the respondent Thuraissigiam violates the Suspension Clause of the Constitution.
Mar 02, 2020
Lomax v. Ortiz-Marquez
58:07
A case in which the Court will decide whether a dismissal without prejudice for failure to state a claim counts as a strike under the Prison Litigation Reform Act, 28 U.S.C. § 1915(g), which bars inmates from filing or appealing a federal civil action without paying the associated fees if they have filed three or more cases or appeals that were dismissed because the lawsuits were frivolous or malicious or did properly state a legal claim for relief.
Feb 26, 2020
United States v. Sineneng-Smith
58:59
A case in which the Court will decide whether the federal law making it a crime to encourage or induce illegal immigration for commercial advantage or private financial gain is unconstitutional on its face.
Feb 25, 2020
United States Forest Service v. Cowpasture River Preservation Association
61:52
A case in which the Court will decide whether the U.S. Forest Service has the authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests.
Feb 24, 2020
Opati v. Republic of Sudan
60:10
A case in which the Court will decide whether the Foreign Sovereign Immunities Act (FSIA) applies retroactively, thereby permitting recovery of punitive damages against foreign states for terrorist activities occurring prior to the passage of the current version of the statute.
Feb 24, 2020
Espinoza v. Montana Department of Revenue
62:39
A case in which the Court will decide whether a state law that provides funding for education but excludes religious education options violates the Religion Clauses or the Equal Protection Clause of the federal Constitution.
Jan 22, 2020
Espinoza v. Montana Department of Revenue
62:39
A case in which the Court will decide whether a state law that provides funding for education but excludes religious education options violates the Religion Clauses or the Equal Protection Clause of the federal Constitution.
Jan 22, 2020
Shular v. United States
60:50
A case in which the Court will decide whether the determination of a “serious drug offense” under the Armed Career Criminal Act requires the same categorical approach used in the determination of a “violent felony” under the act.
Jan 21, 2020
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC
61:21
A case in which the Court will decide whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards permits a nonsignatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.
Jan 21, 2020
Shular v. United States
60:50
A case in which the Court will decide whether the determination of a “serious drug offense” under the Armed Career Criminal Act requires the same categorical approach used in the determination of a “violent felony” under the act.
Jan 21, 2020
Babb v. Wilkie
59:21
A case in which the Court will decide whether a provision of the Age Discrimination in Employment Act of 1967 (ADEA) that protects federal employees aged 40 years from age discrimination, 29 U.S.C. § 633a(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action.
Jan 15, 2020
Romag Fasteners, Inc. v. Fossil, Inc.
57:52
A case in which the Court will decide whether, under Section 35 of the Lanham Act, willful infringement is a prerequisite for an award of an infringer’s profits for a violation of Section 43(a).
Jan 14, 2020
Kelly v. United States
60:16
A case in which the Court will decide whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
Jan 14, 2020
Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc.
61:36
A case in which the Court will decide whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.
Jan 13, 2020
Thole v. U.S. Bank, N.A.
62:27
A case in which the Court will decide whether an ERISA plan participant may seek injunctive relief or restoration of plan losses caused by fiduciary breach without demonstrating individual financial loss or the imminent risk thereof.
Jan 13, 2020
McKinney v. Arizona
A case in which the Court held that a state court of appeals, not a jury, can reweigh aggravating and mitigating circumstances on habeas corpus review in death penalty cases.
Dec 11, 2019
Monasky v. Taglieri
60:10
A case in which the Court will decide (1) the proper standard of review of a district court’s determination of habitual residence under the Hague Convention—de novo, a deferential version of de novo, or for clear error; and (2) whether, when an infant is too young to acclimate to her surroundings, a subjective agreement between the infant‘s parents is necessary to establish her habitual residence under the Hague Convention.
Dec 11, 2019
McKinney v. Arizona
59:22
A case in which the Court will decide (1) whether the Arizona Supreme Court was required to apply current law, rather than the law as it existed at the time a defendant’s conviction became final, when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted; and (2) whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing.
Dec 11, 2019
Maine Community Health Options v. United States
60:40
Several cases in which the Court will decide whether an appropriations rider whose text bars the agency’s use of certain funds to pay a statutory obligation, but does not repeal or amend the statutory obligation, does in fact impliedly repeal the obligation, and whether the presumption against retroactivity applies to the interpretation of such an appropriations rider.
Dec 10, 2019
Holguin-Hernandez v. United States
47:07
A case in which the Court will decide whether a criminal defendant must make a formal objection after the pronouncement of the sentence to invoke appellate reasonableness review of the length of the sentence.
Dec 10, 2019
Guerrero-Lasprilla v. Barr
58:16
A case in which the Court will decide whether a request for equitable tolling, as it applies to statutory motions to reopen, is judicially reviewable as a “question of law” or instead is unreviewable as a “question of fact.”
Dec 09, 2019
Thryv, Inc. v. Click-To-Call Technologies, LP
62:38
A case in which the Court will decide whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s decision to institute an inter partes review upon finding that 35 U.S.C. § 315(b)’s time bar did not apply.
Dec 09, 2019
Intel Corp. Investment Policy Committee v. Sulyma
61:40
A case in which the Court will decide whether the three-year limitations period in Section 413(2) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1113(2)—which runs from “the earliest date on which the plaintiff had actual knowledge of the breach or violation”—bars suit if the defendants disclosed to the plaintiff all relevant information more than three years before the plaintiff filed the complaint, but the plaintiff chose not to read or could not recall having read the information.
Dec 04, 2019
Banister v. Davis
58:54
A case in which the Court will decide whether and under what circumstances a timely Rule 59(e) motion to “amend or alter” the court’s judgment should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005).
Dec 04, 2019
Atlantic Richfield Co. v. Christian, et al.
61:19
A case in which the Court will decide: (1) whether a common-law claim for restoration seeking cleanup remedies that conflict with remedies the Environmental Protection Agency (EPA) ordered is a jurisdictionally barred “challenge” to the EPA’s cleanup under 42 U.S.C. § 9613 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); (2) whether a landowner at a Superfund site is a “potentially responsible party” that must seek EPA approval under 42 U.S.C. § 9622(e)(6) of CERCLA before engaging in remedial action, even if the EPA has never ordered the landowner to pay for a cleanup; and (3) whether CERCLA preempts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.
Dec 03, 2019
Atlantic Richfield Co. v. Christian, et al.
61:19
A case in which the Court will decide: (1) whether a common-law claim for restoration seeking cleanup remedies that conflict with remedies the Environmental Protection Agency (EPA) ordered is a jurisdictionally barred “challenge” to the EPA’s cleanup under 42 U.S.C. § 9613 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); (2) whether a landowner at a Superfund site is a “potentially responsible party” that must seek EPA approval under 42 U.S.C. § 9622(e)(6) of CERCLA before engaging in remedial action, even if the EPA has never ordered the landowner to pay for a cleanup; and (3) whether CERCLA preempts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.
Dec 03, 2019
Rodriguez v. Federal Deposit Insurance Corp.
59:56
A case in which the Court will decide whether federal common law or the law of the relevant state determines the ownership of a tax refund paid to an affiliated group.
Dec 03, 2019
New York State Rifle & Pistol Association Inc. v. City of New York
A case in which the Court was asked to decide whether New York City’s ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel.
Dec 02, 2019
Georgia v. Public.Resource.Org Inc.
60:56
A case in which the Court will decide whether the government edict doctrine extends to—and thus renders uncopyrightable—the annotations in the Official Code of Georgia Annotated.
Dec 02, 2019
Georgia v. Public.Resource.Org Inc.
60:56
A case in which the Court will decide whether the government edict doctrine extends to—and thus renders uncopyrightable—the annotations in the Official Code of Georgia Annotated.
Dec 02, 2019
New York State Rifle & Pistol Association Inc. v. City of New York
62:24
A case in which the Court will decide whether New York City’s ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel.
Dec 02, 2019
Comcast Corp. v. National Association of African American-Owned Media
A case in which the Court held that a claim of race discrimination under 42 U.S.C. § 1981 requires that the plaintiff show that race was a but-for cause of the plaintiff's injury.
Nov 13, 2019
Comcast Corp. v. National Association of African American-Owned Media
59:30
A case in which the Court will decide whether a claim of race discrimination under 42 U.S.C. § 1981 a showing of but-for causation or only that race is a motivating factor.
Nov 13, 2019
Ritzen Group, Inc. v. Jackson Masonry, LLC
62:13
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).
Nov 13, 2019
Hernandez v. Mesa
61:38
A case in which the Court will decide whether, when plaintiffs plausibly allege that a rogue federal law enforcement officer violated clearly established Fourth and Fifth Amendment rights for which there is no alternative legal remedy, the federal courts can and should recognize a claim of damages under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).
Nov 12, 2019
Department of Homeland Security v. Regents of the University of California
82:59
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.
Nov 12, 2019
Retirement Plans Committee of IBM v. Jander
61:27
A case in which the Court will decide whether generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time satisfy the “more harm than good” pleading standard for ERISA claims the Court established in Fifth Third Bancorp v. Dudenhoeffer.
Nov 06, 2019
County of Maui, Hawaii v. Hawaii Wildlife Fund
62:37
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.
Nov 06, 2019
CITGO Asphalt Refining Co. v. Frescati Shipping Co.
56:22
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).
Nov 05, 2019
Allen v. Cooper
60:54
A case in which the Court will decide whether the Copyright Remedy Clarification Act validly abrogates state sovereign immunity to allow authors of original expression to sue states who infringe their federal copyrights.
Nov 05, 2019
Barton v. Barr
A case in which the Court held that in determining eligibility for cancellation of removal of a lawful permanent resident who commits a serious crime, an offense listed in 8 U.S.C. § 1182(a)(2) committed during the initial seven years of residence need not be one of the offenses of removal.
Nov 04, 2019
Kansas v. Glover
A case in which the Court held that when a police officer lacks information to suggest that the person driving a vehicle is not the vehicle’s owner, an investigative traffic stop made after running the vehicle’s license plate and learning that the registered owner’s driver’s license has been revoked is reasonable under the Fourth Amendment.
Nov 04, 2019
Barton v. Barr
60:30
A case in which the Court held that in determining eligibility for cancellation of removal of a lawful permanent resident who commits a serious crime, an offense listed in 8 U.S.C. § 1182(a)(2) committed during the initial seven years of residence need not be one of the offenses of removal.
Nov 04, 2019
Barton v. Barr
60:30
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).
Nov 04, 2019
Kansas v. Glover
61:13
A case in which the Court will decide whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary.
Nov 04, 2019
Mathena v. Malvo
A case in which the Court will decide whether its prior decision regarding constitutional rules for sentencing juveniles is a substantive rule of constitutional law and thus retroactive, as the US Court of Appeals for the Fourth Circuit, below, concluded in direct conflict with Virginia’s highest court.
Oct 16, 2019
Kansas v. Garcia
A case in which the Court upheld Kansas's prosecution of noncitizens who used stolen social security numbers to gain employment.
Oct 16, 2019
Rotkiske v. Klemm
A case in which the Court held that the one-year statute of limitations under the Fair Debt Collection Practices Act begins when the violation occurred, not when the violation was discovered.
Oct 16, 2019
Kansas v. Garcia
61:49
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.
Oct 16, 2019
Mathena v. Malvo
62:38
A case in which the Court will decide whether its prior decision regarding constitutional rules for sentencing juveniles is a substantive rule of constitutional law and thus retroactive, as the US Court of Appeals for the Fourth Circuit, below, concluded in direct conflict with Virginia’s highest court.
Oct 16, 2019
Rotkiske v. Klemm
57:21
A case in which the Court will resolve a circuit split as to when the one-year statute of limitations under the Fair Debt Collection Practices Act begins—when the violation is discovered, as the Fourth And Ninth Circuits have held, or on the date the violation occurred, as the Third Circuit held below.
Oct 16, 2019
Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC
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.
Oct 15, 2019
Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC
82:15
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.
Oct 15, 2019
Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC
82:15
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.
Oct 15, 2019
Bostock v. Clayton County
61:52
A case in which the Court held that 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.
Oct 08, 2019
R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission
A case in which the Court held that Title VII of the Civil Rights Act of 1964 prohibits discrimination against transgender employees based on their status as transgender.
Oct 08, 2019
Bostock v. Clayton County
61:52
A case in which the Court held that 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.
Oct 08, 2019
R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission
57:28
A case in which the Court will decide whether Title VII of the Civil Rights Act of 1964 prohibits discrimination against transgender employees based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).
Oct 08, 2019
Bostock v. Clayton County
61:52
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.
Oct 08, 2019
Peter v. NantKwest, Inc.
A case in which the Court held that the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145 does not include attorneys’ fees incurred as a result of defending the agency in § 145 litigation.
Oct 07, 2019
Kahler v. Kansas
A case in which the Court held that it does not violate the Eighth and Fourteenth Amendments for a state to abolish the insanity defense.
Oct 07, 2019
Ramos v. Louisiana
A case in which the Court held that the Fourteenth Amendment fully incorporates the Sixth Amendment’s guarantee of a unanimous verdict against the states.
Oct 07, 2019
Peter v. NantKwest, Inc.
54:41
A case in which the Court will decide whether the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145 include attorneys’ fees incurred as a result of defending the agency in § 145 litigation?
Oct 07, 2019
Kahler v. Kansas
61:55
A case in which the Court will decide whether the Eighth and Fourteenth Amendments allow a state to abolish the insanity defense.
Oct 07, 2019
Ramos v. Louisiana
61:47
A case in which the Court will decide whether the Fourteenth Amendment fully incorporates the Sixth Amendment’s guarantee of a unanimous verdict against the states.
Oct 07, 2019
Taggart v. Lorenzen
54:10
A case in which the Court will decide whether, under the bankruptcy code, a creditor’s good-faith belief that the discharge injunction does not apply precludes a finding of civil contempt.
Apr 24, 2019
Quarles v. United States
55:37
A case in which the Court will resolve a circuit split as to whether the US Supreme Court’s generic definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enough that the defendant formed the intent to commit a crime at any time while “remaining in” the building or structure, as the court below and three other circuits hold.
Apr 24, 2019
Rehaif v. United States
55:17
A case in which the Court will decide whether the “knowingly” provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a § 922(g) crime, or whether it applies only to the possession element.
Apr 23, 2019
Mitchell v. Wisconsin
61:04
A case in which the Court will decide whether a state statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.
Apr 23, 2019
Department of Commerce v. New York
82:21
A case in which the Court will decide (1) whether the district court erred in enjoining the Secretary of Commerce from reinstating a question about citizenship to the 2020 census questionnaire and (2) whether, in an action seeking to set aside agency action, a district court may order discovery outside the administrative record to probe the mental processes of the agency decision maker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decision maker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
Apr 23, 2019
Fort Bend County, Texas v. Davis
54:17
A case in which the Court will resolve a circuit split as to whether Title VII’s administrative-exhaustion requirement is a jurisdictional prerequisite to suit, as three circuits have held, or a waivable claim-processing rule, as eight circuits have held.
Apr 22, 2019
Food Marketing Institute v. Argus Leader Media
61:46
A case in which the Court will either (1) decide that the statutory term “confidential” in the Freedom of Information Act (FOIA) Exemption 4, bears its ordinary meaning, or (2) resolve a circuit split as to what constitutes “substantial competitive harm” for the purpose of determining whether information falls within that exemption.
Apr 22, 2019
McDonough v. Smith
58:43
A case in which the Court will resolve a circuit split as to whether the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when those proceedings terminate in the defendant’s favor (majority), or whether it begins to run when the defendant becomes aware of the tainted evidence and its improper use (Second Circuit).
Apr 17, 2019
United States v. Davis
59:29
A case in which the Court will decide whether 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.
Apr 17, 2019
Parker Drilling Management Services, Ltd. v. Newton
61:30
A case in which the Court will decide whether, under the Outer Continental Shelf Lands Act, state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law, as the Fifth Circuit has held, or whenever state law pertains to the subject matter of a lawsuit and is not preempted by inconsistent federal law, as the Ninth Circuit held, below.
Apr 16, 2019
North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust
61:56
A case in which the Court will resolve a circuit split as to whether the Fourteenth Amendment’s Due Process Clause prohibits states from taxing trusts based on trust beneficiaries’ in-state residency.
Apr 16, 2019
Emulex Corp. v. Varjabedian
61:57
A case in which the Court was asked to decide whether the Ninth Circuit correctly held, in contrast to the holdings of five other federal appellate courts, that Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.
Apr 15, 2019
Iancu v. Brunetti
56:06
A case in which the Court will decide whether 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.
Apr 15, 2019
Kisor v. Wilkie
61:31
A case in which the Court will decide whether to overrule 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.
Mar 27, 2019
Lamone v. Benisek
59:44
A case in which the Court will consider whether a partisan gerrymander for federal congressional districts in Maryland violates the federal Constitution.
Mar 26, 2019
Rucho v. Common Cause
71:10
A case in which the Court will decide whether plaintiffs have standing to pursue their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is an unconstitutional partisan gerrymander.
Mar 26, 2019
PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
60:26
A case in which the Court will decide whether the Hobbs Act required the district court in this case to accept the Federal Communication Commission's legal interpretation of the Telephone Consumer Protection Act.
Mar 25, 2019
The Dutra Group v. Batterton
57:04
A case in which the Court will resolve a circuit split as to whether punitive damages are available to a Jones Act seaman in a personal injury lawsuit alleging a breach of the general maritime duty to provide a seaworthy vessel (as the 9th and 11th Circuits have held) or not (as the 1st and 5th Circuits have held).
Mar 25, 2019
Flowers v. Mississippi
54:14
A case in which the Court will decide whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky, 476 U.S. 79 (1986), in this case.
Mar 20, 2019
Cochise Consultancy Inc. v. United States, ex rel. Hunt
55:55
A case in which the Court will decide whether 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 and, if so, whether the relator constitutes an “official of the United States” for purposes of that section.
Mar 19, 2019
Smith v. Berryhill
54:51
A case in which the Court will decide whether the decision of the Appeals Council—the administrative body that hears a claimant’s appeal of an adverse decision of an administrative law judge regarding a disability benefit claim—to reject a disability claim on the ground that the claimant’s appeal was untimely is a “final decision” subject to judicial review under 42 U.S.C. § 405(g).
Mar 18, 2019
Virginia House of Delegates v. Bethune-Hill
61:26
A case in which the Court will 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.
Mar 18, 2019
The American Legion v. American Humanist Association
73:52
A case in which the Court will decide whether the display and maintenance of a large memorial cross by a local government violates the principle of separation of church and state enshrined in the First Amendment.
Feb 27, 2019
Mont v. United States
60:00
A case in which the Court will decide whether a term of supervised release for one offense is paused by imprisonment for another offense.
Feb 26, 2019
United States v. Haymond
56:11
A case in which the Court will decide whether the Tenth Circuit erred in holding that 18 U.S.C. § 3583(k), which imposes a mandatory minimum punishment on a criminal defendant upon a finding by a preponderance of the evidence that the defendant engaged in certain criminal conduct while under supervised release, violates the Fifth and Sixth Amendments.
Feb 26, 2019
Manhattan Community Access Corp. v. Halleck
60:26
A case in which the Court will resolve a circuit split as to whether private operators of public access channels are state actors subject to constitutional liability.
Feb 25, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC
62:55
A case in which the Court will resolve a circuit split as to whether in bankruptcy proceedings, the debtor’s rejection of a license agreement, which would constitute a breach of contract, terminates rights of the licensee that would have survived outside the bankruptcy context.
Feb 20, 2019
Return Mail, Inc. v. United States Postal Service
60:55
A case in which the Court will decide whether the government is a “person” under the Leahy-Smith America Invents Act and thereby able to institute review proceedings under the Act.
Feb 19, 2019
Tennessee Wine and Spirits Retailers Association v. Thomas
51:04
A case in which the Court will consider whether a state may constitutionally regulate liquor sales by granting licenses only to individuals or entities that have resided in-state for a specified time.
Jan 16, 2019
Knick v. Township of Scott, Pennsylvania
63:34
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.
Jan 16, 2019
Home Depot U.S.A., Inc. v. Jackson
54:31
A case in which the Court will decide whether the Class Action Fairness Act—which permits “any defendant” in a state-court class action to remove the action to federal court if it satisfies certain jurisdictional requirements—allows removal by third-party counterclaim defendants; and whether the Court's holding in Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941)—that an original plaintiff may not remove a counterclaim against it—extends to third-party counterclaim defendants.
Jan 15, 2019
Azar v. Allina Health Services
55:23
A case in which the Court will decide whether the US Department of Health and Human Services was required under the Administrative Procedure Act and Medicare Act to provide notice and an opportunity to comment before implementing a rule changing its Medicare reimbursement formula.
Jan 15, 2019
Rimini Street, Inc. v. Oracle USA, Inc.
60:53
A case in which the Court held that the Copyright Act’s allowance for “full costs” to a prevailing party is limited to taxable costs and does not include costs not specifically described in the statute.
Jan 14, 2019
Thacker v. Tennessee Valley Authority
59:44
A case in which the Court will decide whether the appropriate test for immunity for governmental “sue and be sued” entities is the discretionary-function test, which the Eleventh Circuit applied in this case, or the test set forth in FHA v. Burr, 309 U.S. 242 (1940).
Jan 14, 2019
Franchise Tax Board of California v. Hyatt
57:20
A case in which the Court will decide whether to overrule its prior decision in Nevada v. Hall, which permits a sovereign state to be haled into another state’s courts without its consent.
Jan 09, 2019
Fourth Estate Public Benefit Corp. v. Wall-Street.com
61:18
A case in which the Court held that the “registration of [a] copyright claim has been made” within the meaning of 17 U.S.C. § 411(a) not when the copyright holder files its application, but only once the copyright office acts on that application.
Jan 08, 2019
Herrera v. Wyoming
61:25
A case in which the Court will decide whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.
Jan 08, 2019
Merck Sharp & Dohme Corp. v. Albrecht
63:19
A case in which the Court will decide whether a state-law failure-to-warn claim is preempted when the Food and Drug Administration (FDA) rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data, or whether such a case must go to a jury for conjecture as to why the FDA rejected the proposed warning.
Jan 07, 2019
Obduskey v. McCarthy & Holthus LLP
61:05
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.
Jan 07, 2019
Gamble v. United States
79:29
A case in which the Court will decide whether to overrule the “separate sovereigns” exception to the Double Jeopardy Clause.
Dec 06, 2018
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.
53:59
A case in which the Court held that, under the Leahy-Smith America Invents Act, an inventor’s sale of an invention to a third party invalidates the patent, even if the third party is obligated to keep the invention confidential.
Dec 04, 2018
Biestek v. Berryhill
59:31
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.
Dec 04, 2018
Dawson v. Steager
60:31
A case in which the Court held that 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
Lorenzo v. Securities and Exchange Commission
51:45
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
Timbs v. Indiana
56:45
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.
Nov 28, 2018
Nutraceutical Corp. v. Lambert
60:34
A case in which the Court resolved a circuit split by holding that the Ninth 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).
Nov 27, 2018
Carpenter v. Murphy
64:54
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
Nieves v. Bartlett
61:55
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
Apple v. Pepper
60:10
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
Culbertson v. Berryhill
58:12
A case in which the Court resolved a circuit split, holding that 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, not fees for representation before the agency.
Nov 07, 2018
Republic of Sudan v. Harrison
61:14
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.
Nov 07, 2018
BNSF Railway Co. v. Loos
55:38
A case in which the Court held that 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
Bucklew v. Precythe
61:23
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.
Nov 06, 2018
Virginia Uranium, Inc. v. Warren
59:23
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
Sturgeon v. Frost
60:48
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.
Nov 05, 2018
Frank v. Gaos
62:21
A case in which the Court was asked to 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
Jam v. International Finance Corp.
58:40
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.
Oct 31, 2018
Washington State Department of Licensing v. Cougar Den, Inc.
60:28
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.
Oct 30, 2018
Garza v. Idaho
61:30
A case in which the Court held that 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
Lamps Plus, Inc. v. Varela
60:04
A case in which the Court held that under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.
Oct 29, 2018
Henry Schein Inc. v. Archer and White Sales Inc.
58:51
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.
Oct 29, 2018
Nielsen v. Preap
61:57
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.
Oct 10, 2018
Air and Liquid Systems Corp. v. Devries
57:39
A case in which the Court held that under maritime law, a manufacturer has a duty to warn users of the dangers of its product if the product requires incorporation of a part produced by a third party, the resulting fully incorporated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users would be aware of that danger.
Oct 10, 2018
Nielsen v. Preap
61:57
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.
Oct 10, 2018
United States v. Stitt
59:46
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
Stokeling v. United States
60:49
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.
Oct 09, 2018
New Prime Inc. v. Oliveira
49:20
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.
Oct 03, 2018
Knick v. Township of Scott, Pennsylvania
62:05
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
Gundy v. United States
55:29
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
Madison v. Alabama
55:54
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.
Oct 02, 2018
Weyerhaeuser Company v. United States Fish and Wildlife Service
61:32
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
Mount Lemmon Fire District v. Guido
55:19
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
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
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
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
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
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
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