U.S. Supreme Court Oral Arguments

A case in which the Court will decide whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1).

A case in which the Court was asked to decide whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm.

A case in which the Court will decide whether the phrase “entitled… to benefits” includes all who meet basic program eligibility criteria, whether or not benefits are actually received.

A case in which the Court held that employers seeking to demonstrate the applicability of a Fair Labor Standards Act exemption must do so by a preponderance of the evidence.

A case in which the Court will decide whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act.

A case in which the Court will decide whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform.

A case in which the Court will decide whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b) was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1).

A case in which the Court held that revocation of an approved visa petition under 8 U.S.C. §1155 based on a sham-marriage determination by the Secretary of Homeland Security is the kind of discretionary decision that falls within the purview of §1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions “in the discretion of” the agency.

A case in which the Court will decide whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations (RICO) Act.

A capital case in which the Court will decide whether to allow Oklahoma to execute Petitioner Richard Glossip after numerous instances of prosecutorial misconduct and other errors, where even the state no longer defends the capital sentence.

A case in which the Court will decide whether a party who obtains a preliminary injunction is a “prevailing party” for purposes of being entitled to attorney’s fees under 42 U.S.C. § 1988.

A case in which the Court will decide whether the Bureau of Alcohol, Tobacco, Firearms, and Explosives has the authority to regulate so-called “ghost guns”—that is, firearms without serial numbers that can be assembled from parts.

A case in which the Court held that a plaintiff whose state-court lawsuit was removed by the defendants to federal court can seek to have the case sent back to state court by amending the complaint to omit all references to federal law.

A case in which the Court will decide whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court.

A case in which the Court held that a former U.S. President has absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority, at least presumptive immunity from prosecution for all his official acts, and no immunity for unofficial acts.

A case in which the Court was asked to decide whether the federal Emergency Medical Treatment and Labor Act—which requires hospitals receiving Medicare funding to offer “necessary stabilizing treatment” to pregnant women in emergencies—preempts an Idaho law that criminalizes most abortions in the state.

A case in which the Court held courts must use the traditional four-factor test to evaluate the National Labor Relations Board’s requests for injunctions under Section 10(j) of the National Labor Relations Act.

A case in which the Court will decide whether the denial of a visa to the non-citizen spouse of a U.S. citizen infringes on a constitutionally protected interest of the citizen and, if so, whether the government properly justified that decision.

A case in which the Court held that the Eighth Amendment’s protection against cruel and unusual punishment does not prevent a city from enforcing a ban on public camping against homeless individuals.

A case in which the Court held that Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, and does not give district courts discretion to dismiss the suit when all claims are subject to arbitration.

A case in which the Court held that when a capital defendant claims that he was prejudiced at sentencing because counsel failed to present available mitigating evidence, a court must decide whether it is reasonably likely that the additional evidence would have avoided a death sentence, which the court does by evaluating the strength of all the evidence and comparing the weight of aggravating and mitigating factors.

A case in which the Court held that 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, does not include acts unrelated to investigations and evidence.

A case in which the Court held that 8 U.S.C. § 666(a)(1)(B) does not criminalize gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take.

A case in which the Court held that a Fourth Amendment malicious-prosecution claim can proceed as to a baseless criminal charge so long as other charges brought alongside the baseless charge are supported by probable cause.

A case in which the Court held that the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act.

A case in which the Court held that a corporation’s contractual obligation to redeem shares is not necessarily a liability that reduces a corporation’s value for purposes of the federal estate tax.

A case in which the Court was asked to resolve a challenge to the Food and Drug Administration’s 2016 and 2021 approval of the abortion drug mifepristone.

A case in which the Court held that the Indian Health Service must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties.

A case in which the Court held that the 60-day filing deadline in 5 U.S.C. § 7703(b)(1)(A) is not jurisdictional.

A case in which the Court will decide whether to approve a consent decree resolving claims among Colorado, Texas, and New Mexico over the delivery of water from the Rio Grande Basin to Elephant Butte.

A case in which the Court will decide whether the probable-cause exception in Nieves v. Barlett can be satisfied by objective evidence other than specific examples of arrests that never happened; and whether Nieves is limited to individual claims against arresting officers for split-second arrests.

A case in which the Court held that an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a plan of reorganization under Chapter 11 of the Bankruptcy Code.

A case in which the Court held that in a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—Federal Rule of Evidence 704(b) permits a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters.

A case in which the Court was asked to decide whether the government’s requests to large social media companies that they take steps to prevent the dissemination of purported misinformation constituted coercion and thus transformed those private companies’ content-moderation decisions into state action and violated users’ First Amendment rights.

A case in which the Court permitted the National Rifle Association's lawsuit to proceed where it plausibly alleged that the New York State Department of Financial Services (DFS) violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress the NRA’s gun-promotion advocacy.

A case in which the Court held that a bump stock device is not a “machinegun” as defined in 26 U.S.C. § 5845(b).

A case in which the Court held that, when parties enter into an arbitration agreement with a delegation clause, a court must decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation.

A case in which the Court clarified the test for whether the National Bank Act preempts the application of state laws to national banks.

A case in which the Court held that, because the relevant rules a time-related directive, a district court can enter a criminal forfeiture order when the time limit specified in the Federal Rules of Criminal Procedure has already passed.

A case in which the Court was asked to decide whether a state law restricting social media platforms from engaging in editorial choices about whether, and how, to publish and disseminate speech and requiring them to submit to onerous operational and disclosure requirements violates the First Amendment.

A case in which the Court was asked to decide whether Florida S.B. 7072’s content-moderation restrictions comply with the First Amendment and whether the law’s individualized-explanation requirements comply with the First Amendment.

A case in which the Court stayed the Environmental Protection Agency’s federal emission reductions rule, the Good Neighbor Plan, for failure to adequately explain its emissions reduction requirements, likely violating the Administrative Procedure Act.

A case in which the Court held that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.

A case in which the Court held that a plaintiff’s Administrative Procedure Act claim “first accrues” under 28 U.S.C. § 2401(a) when an agency's rule first causes harm to the plaintiff.

A case in which the Court held that a worker need not be employed by a company in the transportation industry to be exempt from the Federal Arbitration Act.

A case in which the Court held that Congress alone must decide whether Section Three of the Fourteenth Amendment disqualifies an individual from running for the office of President.

A case in which the Court overruled its decision in Chevron v. Natural Resources Defense Council.

A case in which the Court overruled Chevron v. Natural Resources Defense Council.

A case in which the Court was asked to decide whether a person whose property is taken without compensation may seek redress directly under the Takings Clause of the Fifth Amendment even if the legislature has not affirmatively provided them with a cause of action, but it concluded that it did not need to resolve that question to dispose of this case.

A case in which the Court held that a failure to make a disclosure required under Item 303 of SEC Regulation S-K cannot support a private claim under Section 10(b) of the Securities Exchange Act of 1934 in the absence of an otherwise misleading statement.