U.S. Supreme Court Oral Arguments

By Oyez

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Description


Episode Date
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
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
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
Emulex Corp. v. Varjabedian
61:57
A case in which the Court will 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
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
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
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
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
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
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
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
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
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. Blair
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Lamps Plus, Inc. v. Varela
60:04
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
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
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
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
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
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
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
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
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
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
Trump v. Hawaii
66:53
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
77:37
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.
60:32
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
58:36
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
60:00
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
Pereira v. Sessions
54:48
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