U.S. Supreme Court Oral Arguments

By Oyez

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Episode Date
Taggart v. Lorenzen
54:10
A case in which the Court held that a creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
Apr 24, 2019
Quarles v. United States
55:37
A case in which the Court held that Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
Apr 24, 2019
Rehaif v. United States
55:17
A case in which the Court held that the “knowingly” provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a § 922(g) crime.
Apr 23, 2019
Department of Commerce v. New York
82:21
A case in which the Court held that the Secretary of Commerce did not violate the Enumeration Clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case to the agency where the evidence tells a story that does not match the Secretary’s explanation for his decision.
Apr 23, 2019
Mitchell v. Wisconsin
61:04
A case in which the Court vacated the judgment of the Wisconsin Supreme Court affirming the drunk-driving convictions of petitioner Mitchell, who was administered a warrantless blood test while he was unconscious, and remanded the case.
Apr 23, 2019
Food Marketing Institute v. Argus Leader Media
61:46
A case in which the Court held that where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of Exemption 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4).
Apr 22, 2019
Fort Bend County, Texas v. Davis
54:17
A case in which the Court held that Title VII’s administrative-exhaustion requirement is a waivable claim-processing rule, not a jurisdictional requirement.
Apr 22, 2019
United States v. Davis
59:29
A case in which the Court held that the subsection-specific definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B)—which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime—is unconstitutionally vague.
Apr 17, 2019
McDonough v. Smith
58:43
A case in which the Court held that the statute of limitations for the petitioner’s § 1983 fabricated evidence claim began to run when the criminal proceedings against him terminated in his favor—that is, when he was acquitted at the end of his second trial.
Apr 17, 2019
North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust
61:56
A case in which the Court held that the presence of in-state beneficiaries alone does not empower a state to tax trust income that has not been distributed to the beneficiaries where the beneficiaries have no right to demand that income and are uncertain to receive it.
Apr 16, 2019
Parker Drilling Management Services, Ltd. v. Newton
61:30
A case in which the Court held that because the Outer Continental Shelf Lands Act establishes the federal government's exclusive control over outer continental shelf, state law may be adopted as the rule of decision only if there is a gap in federal law.
Apr 16, 2019
Iancu v. Brunetti
56:06
A case in which the Court held that the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks, in Section 2(a), violates the Free Speech Clause of the First Amendment.
Apr 15, 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
Kisor v. Wilkie
61:31
A case in which the Court held that Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation, are not overruled.
Mar 27, 2019
Rucho v. Common Cause
71:10
A case in which the Court held that partisan gerrymandering claims present political questions beyond the reach of the federal courts.
Mar 26, 2019
Lamone v. Benisek
59:44
A case in which the Court held that partisan gerrymandering claims are not justiciable because they present a political question beyond the reach of the federal courts.
Mar 26, 2019
PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
60:26
A case in which the Court held that Fourth Circuit did not properly consider preliminary issues that determine whether a district court must accept the Federal Communication Commission's legal interpretation of the Telephone Consumer Protection Act.
Mar 25, 2019
The Dutra Group v. Batterton
57:04
A case in which the Court held that punitive damages are not available to a Jones Act seaman in a personal injury lawsuit alleging a breach of the general maritime duty to provide a seaworthy vessel.
Mar 25, 2019
Flowers v. Mississippi
54:14
A case in which the Court held that the trial court in this case committed clear error at Flowers’ sixth murder trial by concluding that the state’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.
Mar 20, 2019
Cochise Consultancy Inc. v. United States, ex rel. Hunt
55:55
A case in which the Court held that a relator in a False Claims Act qui tam action may rely on the statute of limitations in 31 U.S.C. § 3731(b)(2) in a suit in which the United States has declined to intervene, but the relator does not constitute an “official of the United States” for purposes of that section.
Mar 19, 2019
Virginia House of Delegates v. Bethune-Hill
61:26
A case in which the Court was asked to decide whether the district court in this case erred in finding that (1) race predominated over traditional districting factors in the construction of 11 districts, and (2) the Virginia House of Delegates did not satisfy its burden of showing the use of race was narrowly tailored to achieve the compelling state interest of compliance with Section 5 of the Voting Rights Act. The Court instead dismissed the appeal, holding that the House of Delegates lacked standing to appeal the invalidation of Virginia’s redistricting plan.
Mar 18, 2019
Smith v. Berryhill
54:51
A case in which the Court held that 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 held that the display and maintenance of a large memorial cross by a local government does not violate the Establishment Clause of the First Amendment.
Feb 27, 2019
Mont v. United States
60:00
A case in which the Court held that pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
Feb 26, 2019
United States v. Haymond
56:11
A case in which the Court vacated the Tenth Circuit’s decision 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 held that Manhattan Community Access Corp, which operates public access channels, is not a state actor subject to constitutional liability.
Feb 25, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC
62:55
A case in which the Court held that in bankruptcy proceedings, the debtor’s rejection of a license agreement has the same effect as breach of that contract outside the bankruptcy context and thus cannot rescind rights that the contract previously granted.
Feb 20, 2019
Return Mail, Inc. v. United States Postal Service
60:55
A case in which the Court held that under the Leahy-Smith America Invents Act, the federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings.
Feb 19, 2019
Knick v. Township of Scott, Pennsylvania
63:34
A case in which the Court held that a government violates the Takings Clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U.S.C. § 1983 at that time; the state-litigation requirement set forth in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), is overruled.
Jan 16, 2019
Tennessee Wine and Spirits Retailers Association v. Thomas
51:04
A case in which the Court held that a state’s regulation of liquor sales by granting licenses only to individuals or entities that have resided in-state for a specified time violates the dormant Commerce Clause and is not saved by the Twenty-First Amendment.
Jan 16, 2019
Azar v. Allina Health Services
55:23
A case in which the Court vacated a policy change of the US Department of Health and Human Services for failing to provide notice and an opportunity to comment before implementing a rule changing its Medicare reimbursement formula.
Jan 15, 2019
Home Depot U.S.A., Inc. v. Jackson
54:31
A case in which the Court held that neither the general removal statute, 28 U.S.C. § 1441, nor the Class Action Fairness Act (CAFA), 28 U.S.C. § 1453(b), permits removal to federal court by a third-party counterclaim defendant.
Jan 15, 2019
Thacker v. Tennessee Valley Authority
59:44
A case in which the Court held that statute that waives the Tennessee Valley Authority’s sovereign immunity from suit by making it a “sue-and-be-sued” type entity is not subject to a discretionary function exception of the kind in the Federal Tort Claims Act but may be subject to an implied restriction as recognized in Federal Housing Authority v. Burr, 309 U.S. 242 (1940).
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 held that a state cannot be sued in the courts of another state without its consent, overruling Nevada v. Hall.
Jan 09, 2019
Herrera v. Wyoming
61:25
A case in which the Court held that Wyoming’s admission to the Union did not abrogate the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” and the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
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
Merck Sharp & Dohme Corp. v. Albrecht
63:19
A case in which the Court held that “clear evidence” that the FDA would not have approved a change to a drug’s label—thus pre-empting a state-law failure-to-warn claim—is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning. The Court further held that the question of agency disapproval is primarily one of law for a judge, not a jury, to decide.
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 upheld its “separate sovereigns” exception to the Double Jeopardy Clause.
Dec 06, 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
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
Lorenzo v. Securities and Exchange Commission
51:45
A case in which the Court will held that dissemination of false or misleading statements with intent to defraud falls within the scope of Rules 10b-5(a) and (c) even if the disseminator did not “make” the statements as defined by the Court’s precedent.
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 held that consumers may sue for antitrust damages any party who delivers goods to them (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 held that the presence of 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
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
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
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
Virginia Uranium, Inc. v. Warren
59:23
A case in which the Court affirmed the Fourth Circuit's decision that the federal Atomic Energy Act does not preempt a Virginia ban on non-federal uranium mining.
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
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 held that a government violates the Takings Clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U.S.C. § 1983 at that time; the state-litigation requirement set forth in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), is overruled.
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 affirmed the judgment of the Second Circuit, below, that the Sex Offender Registration and Notification Act’s delegation of authority to the U.S. Attorney General to issue regulations under 42 U.S.C. § 16913 is not an unconstitutional delegation of legislative authority.
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