M & K Employee Solutions, LLC v. Trustees of The IAM Pension Fund | Argument Date: 1/20/26 | Docket Link: HereOral Advocates:For Petitioner (M&K Employee Solutions): Michael E. Kenneally, Jr., Washington, D.C.For Respondent (IAM National Pension Fund): John E. Roberts, Providence, Rhode Island.For United States as (Amicus Curiae Supporting Respondent): Kevin J. Barber, Assistant to the Solicitor General, Department of Justice.Question Presented: Can pension plans charge higher prices using future prices, or must they stick with the original prices?Overview: Four companies' pension withdrawal liability tripled from timing of actuarial assumption changes, creating circuit split over whether "as of" December 31st calculations require December 31st assumptions or permit retrospective professional judgment.Posture: Arbitrators favored companies; D.C. District Court and Circuit reversed, permitting post-measurement assumption adoption with restrictions.Main Arguments:Petitioners: (1) "As of" language creates statutory deadline requiring pre-measurement assumption adoption; (2) Legislative framework expected annual assumption reviews before measurement dates; (3) Anti-manipulation principles from Section 1394 should apply to actuarial assumptionsRespondents: (1) "As of" establishes reference date, not completion deadline for retrospective valuations; (2) "Best estimate" requirement mandates current professional judgment over stale assumptions; (3) Standard actuarial practice permits and encourages post-measurement selectionHolding: The ERISA provisions governing the calculation of withdrawal liability from an underfunded Multiemployer Pension Plan do not require that actuarial assumptions underlying the calculation be selected on or before the statutory measurement date.Voting Breakdown: 9-0. Justice Jackson wrote the majority opinion joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett. Affirmed D.C. Circuit.Opinion: HereMajority Reasoning: (1) Section 1391's "as of" language assigns hard data to measurement date but permits calculation performance afterward using tools including assumptions; (2) Section 1393 imposes no deadline for assumption selection and Congress's omission from parallel provisions signals intentional choice; (3) "Best estimate" requirement necessitates access to most current data potentially unavailable before measurement date.Implications: Pension plans gain flexibility to select actuarial assumptions after measurement dates using current market data and professional judgment. Employers lose timing-based challenges but retain substantive reasonableness challenges through arbitration. Actuaries avoid artificial deadlines while maintaining accountability through reasonableness requirements. Court leaves open whether assumptions must reflect only information available as of measurement date.The Fine Print:29 U.S.C. § 1391: "The amount of an employer's withdrawal liability...shall be computed...as of the end of the plan year preceding the plan year in which the withdrawal occurs"29 U.S.C. § 1393(a)(1): "actuarial assumptions and methods which...offer the actuary's best estimate of anticipated experience under the plan"Primary Cases:National Retirement Fund v. Metz Culinary Management (2020): Second Circuit held actuarial assumptions for withdrawal liability must exist by measurement date; automatic rollover applies absent timely changesConcrete Pipe & Products v. Construction Laborers Pension Trust (1993): Withdrawal liability creates "fixed and certain debt"; actuarial determinations receive presumption of correctness due to professional constraints and statutory requirementsTimestamps:[00:00:00] Oral Argument Preview[00:01:30] Oral Argument Begins[00:01:41] M & K Opening Statement[00:03:33] M & K Free for All Questions[00:26:54] M & K Round Robin Questions[00:31:47] IAM Opening Statement[00:34:23] IAM Free for All Questions[00:47:28] IAM Round Robin Questions[00:47:31] United States Opening Statement[00:48:39] United States Free for All Questions[00:53:44] United States Round Robin Questions[00:53:50] M & K Rebuttal

I'll create show notes and five alternative episode title options for this opinion episode.Now I'll create the show notes and title options for the M & K Employee Solutions opinion episode.PART 1: SHOW NOTESM & K Employee Solutions, LLC v. Trustees of IAM National Pension Fund | Case No. 23-1209 | Decided May 21, 2026 | Docket Link: https://www.supremecourt.gov/docket/docketfiles/html/public/23-1209.htmlOverview: ERISA withdrawal liability dispute resolves when pension plan actuaries must select calculation assumptions, affecting billions in retirement obligations across multiemployer pension plans serving unionized workers nationwide.Question Presented: Whether ERISA requires actuarial assumptions underlying withdrawal liability calculations get selected on or before the statutory measurement date.Posture: D.C. Circuit affirmed district courts allowing post-measurement-date assumption selection, conflicting with Second Circuit precedent.Main Arguments:Employers (Petitioners): (1) Statute's "as of" language freezes all calculation inputs including assumptions on measurement date; (2) Actuarial assumptions constitute factual inputs requiring temporal fixation; (3) Broad anti-retroactivity principle prevents post-measurement assumption adoption.Pension Fund (Respondent): (1) "As of" language sets reference point for hard data only while tools get selected later; (2) Actuarial assumptions constitute analytical methods not observable facts; (3) "Best estimate" requirement supports using most current available data when selecting assumptions.Holding: The ERISA provisions governing the calculation of withdrawal liability from an underfunded Multiemployer Pension Plan do not require that actuarial assumptions underlying the calculation be selected on or before the statutory measurement date.Voting Breakdown: 9-0. Justice Jackson wrote the majority opinion joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett. Affirmed D.C. Circuit.Opinion: HereMajority Reasoning: (1) Section 1391's "as of" language assigns hard data to measurement date but permits calculation performance afterward using tools including assumptions; (2) Section 1393 imposes no deadline for assumption selection and Congress's omission from parallel provisions signals intentional choice; (3) "Best estimate" requirement necessitates access to most current data potentially unavailable before measurement date.Implications: Pension plans gain flexibility to select actuarial assumptions after measurement dates using current market data and professional judgment. Employers lose timing-based challenges but retain substantive reasonableness challenges through arbitration. Actuaries avoid artificial deadlines while maintaining accountability through reasonableness requirements. Court leaves open whether assumptions must reflect only information available as of measurement date.The Fine Print:29 U.S.C. § 1391(b)(2)(E)(i): Withdrawal liability calculated based on plan's unfunded vested benefits "as of" the last day of plan year preceding employer's withdrawal29 U.S.C. § 1393(a)(1): Actuaries must use "actuarial assumptions and methods which, in the aggregate, are reasonable (taking into account the experience of the plan and reasonable expectations) and which, in combination, offer the actuary's best estimate of anticipated experience under the plan"Primary Cases:Russello v. United States (1983): Where Congress includes particular language in one statutory section but omits it in another section of same Act, courts presume Congress acts intentionally and purposely in disparate inclusion or exclusionRomag Fasteners, Inc. v. Fossil Group, Inc. (2020): Courts generally decline reading limitations into statutes that do not appear in their textOral Advocates:For Petitioner (M&K Employee Solutions): Michael E. Kenneally, Jr., Washington, D.C.For Respondent (IAM National Pension Fund): John E. Roberts, Providence, Rhode Island.For United States as (Amicus Curiae Supporting Respondent): Kevin J. Barber, Assistant to the Solicitor General, Department of Justice.

Havana Docks Corp. v. Royal Caribbean Cruises Ltd. | Oral Argument: 2/23/2026 | Case No. 24-983 | Docket Link: HereQuestion Presented: Whether Title III liability requires proving defendants trafficked in property plaintiff currently owns a claim to, or property plaintiff would own absent confiscation.Overview: Cuban property confiscation case challenges Eleventh Circuit's "counterfactual analysis" requiring proof of hypothetical property ownership, potentially gutting Congress's primary tool for pressuring hostile regimes.Posture: Eleventh Circuit reversed district court grant of summary judgment for petitioner.Holding: Havana Docks is not required to establish that the cruise lines “trafficked” in Havana Dock’s property interest.Voting Breakdown: 8-1. Justice Thomas wrote the majority opinion joined by Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson. Justice Sotomayor filed concurring opinion joined by Kavanaugh. Justice Kagan filed dissenting opinion. Vacated and remanded.Opinion: HereMajority Reasoning:(1) Title III imposes liability for trafficking in physical property confiscated by Cuba, not just trafficking in plaintiff's property interest;(2) "Using" confiscated property concerns physical things, not property interests—requiring one-to-one correspondence between interest confiscated and interest trafficked reads out obvious trafficking forms;(3) Cuba confiscated both Havana Docks' concession and physical dock structures by seizing control, making docks tainted property off-limits to users.Separate Opinions:Justice Sotomayor (concurring, joined by Kavanaugh): Flags infinite-recovery problem allowing unlimited repeated recoveries from unlimited defendants for single certified loss; raises due process concerns from government assurances cruises qualified as lawful travel.Justice Kagan (dissenting): Majority misconstrues statute to allow recovery for trafficking in property plaintiff never owned; Cuba confiscated only time-limited concession, not physical docks Cuba always owned; temporal property boundaries deserve equal respect to spatial boundaries.Implications: Companies doing business in Cuba using American-built infrastructure face substantial legal risk even when original American property interests expired decades ago. Decision preserves Title III as powerful deterrent preventing companies from waiting out clock on expired property interests. Lower courts must resolve whether statute allows unlimited repeated recoveries, whether lawful-travel exception shields defendants receiving government licenses, and whether concession limitations preclude passenger-service liability.Main Arguments:• Havana Docks (Petitioner): (1) Statute creates liability when plaintiff "owns the claim," not hypothetical property ownership; (2) Cuba confiscated physical dock facilities, not abstract concession rights; (3) Narrow interpretation defeats congressional deterrence objectives• Cruise Lines (Respondent): (1) Property law requires respecting temporal limitations on original rights; (2) Concession excluded passenger services, preventing trafficking in cargo-only rights; (3) Congress balanced deterrence against property law principlesImplications: Havana Docks victory preserves congressional sanctions tool and reinforces meaningful private remedies against hostile regimes. Cruise lines victory creates roadmap for exploiting confiscated property through temporal limitations arguments, undermining deterrent effect and foreign policy objectives toward Cuba.The Fine Print:• 22 U.S.C. §6082(a)(1)(A): "Any person who traffics in property which the Cuban Government confiscated shall face liability to any United States national who owns the claim to such property"• 22 U.S.C. §6023(12)(A): "Property" includes "any present, future, or contingent right, security, or other interest therein, including any leasehold interest"Primary Cases:• Humphrey's Executor v. United States (1935): Congress can restrict presidential removal power for independent agencies through "for cause" requirements, establishing legislative authority over agency independence• United States v. Atlantic Research Corp. (2007): Courts reject interpretations that "reduce potential plaintiffs to almost zero, rendering statutory provisions a dead letter"Oral Advocates:For Petitioner (Havana Docks Corp.): Richard Klingler of Ellis George LLP.United States as Amicus Curiae: Aimee Brown, Assistant to the Solicitor General, U.S. Department of Justice.For Respondents (Royal Caribbean Cruises): Paul D. Clement of Clement & Murphy, PLLC.Timestamps:[00:00:00] Oral Argument Preview[00:01:02] Oral Argument Begins[00:01:12] Havana Docks Opening Statement[00:03:15] Havana Docks Free for All Questions[00:19:05] Havana Docks Round Robin Questions[00:36:46] United States Opening Statement[00:38:14] United States Free for All Questions[00:47:30] United States Round Robin Questions[00:57:21] Royal Caribbean Opening Statement[00:59:35] Royal Caribbean Free for All Questions[01:28:15] Royal Caribbean Round Robin Questions[01:30:23] Havana Docks Rebuttal

Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. | Case No. 24-983 } Oral Argument: 2/23/2026 | Decided May 21, 2026 | Docket Link: HereOverview: Supreme Court preserves Title III liability for entities trafficking in physical property confiscated by Cuban Government even when plaintiff's underlying time-limited property interest expired before trafficking occurred.Question Presented: Whether cruise lines using Havana docks face liability when plaintiff's concession expired before their alleged trafficking.Posture: District Court granted summary judgment for Havana Docks; Eleventh Circuit reversed applying counterfactual analysis.Main Arguments:Havana Docks (Petitioner):(1) Statute's "owns the claim" language focuses on current claim ownership, not hypothetical property ownership in alternate timelines;(2) Cuba confiscated physical dock structures Havana Docks built, not just abstract concession rights;(3) Congressional purpose requires deterring companies from profiting off stolen property regardless of temporal limitations.Cruise Lines (Respondents):(1) Property law fundamentals require respecting original temporal limits on property rights;(2) Havana Docks' concession excluded passenger services and only covered cargo operations;(3) Congress deliberately balanced deterrence against property law principles without providing universal relief.Holding: Havana Docks is not required to establish that the cruise lines “trafficked” in Havana Dock’s property interest.Voting Breakdown: 8-1. Justice Thomas wrote the majority opinion joined by Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson. Justice Sotomayor filed concurring opinion joined by Kavanaugh. Justice Kagan filed dissenting opinion. Vacated and remanded.Opinion: HereMajority Reasoning:(1) Title III imposes liability for trafficking in physical property confiscated by Cuba, not just trafficking in plaintiff's property interest;(2) "Using" confiscated property concerns physical things, not property interests—requiring one-to-one correspondence between interest confiscated and interest trafficked reads out obvious trafficking forms;(3) Cuba confiscated both Havana Docks' concession and physical dock structures by seizing control, making docks tainted property off-limits to users.Separate Opinions:Justice Sotomayor (concurring, joined by Kavanaugh): Flags infinite-recovery problem allowing unlimited repeated recoveries from unlimited defendants for single certified loss; raises due process concerns from government assurances cruises qualified as lawful travel.Justice Kagan (dissenting): Majority misconstrues statute to allow recovery for trafficking in property plaintiff never owned; Cuba confiscated only time-limited concession, not physical docks Cuba always owned; temporal property boundaries deserve equal respect to spatial boundaries.Implications: Companies doing business in Cuba using American-built infrastructure face substantial legal risk even when original American property interests expired decades ago. Decision preserves Title III as powerful deterrent preventing companies from waiting out clock on expired property interests. Lower courts must resolve whether statute allows unlimited repeated recoveries, whether lawful-travel exception shields defendants receiving government licenses, and whether concession limitations preclude passenger-service liability.The Fine Print:22 U.S.C. § 6082(a)(1)(A): "Any person that traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property"22 U.S.C. § 6023(4)(A): "The term 'confiscated' refers to the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property"Primary Cases:Banco Nacional de Cuba v. Sabbatino (1964): Cuban Government nationalized by forced expropriation property in which American nationals held interests; confiscation can affect both physical property and property interestsTahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002): Property interests defined by both geographic dimensions and temporal aspects; both dimensions must be considered when viewing interest in entirety

Jules v. Andre Balazs Properties | Case No. 25-83 | Docket Link: Here | Argument: 3/30/26Overview: A former hotel security guard lost his arbitration entirely, then argued the federal court he originally chose lacked power to confirm the award — forcing the Court to resolve when federal courts retain post-arbitration jurisdiction.Question Presented: When a federal court pauses a lawsuit for arbitration, does it keep the power to confirm or throw out the arbitration result — even without independent jurisdictional grounds.Posture: S.D.N.Y. confirmed award; Second Circuit affirmed; Supreme Court granted cert on the jurisdictional question.Main Arguments:Jules (Petitioner): (1) FAA Section 8 expressly grants "retain jurisdiction" language for maritime cases only — Congress deliberately omitted it from Sections 9 and 10; (2) Badgerow v. Walters (2022) forecloses jurisdiction because the confirm-or-vacate application lacks any independent federal basis on its face; (3) the jurisdictional-anchor theory incentivizes pointless federal lawsuits, directly undermining the FAA's purpose of keeping arbitrable disputes out of courtBalazs Respondents: (1) 28 U.S.C. § 1367's supplemental jurisdiction statute — enacted separately from the FAA — grants courts power over all related claims in the same pending case, no new jurisdictional basis needed; (2) Badgerow addressed only freestanding new post-arbitration lawsuits, not pending federal cases already vested with original jurisdiction; (3) Jules's theory forces two simultaneous court tracks — federal appeal of the pre-arbitration order plus state-court post-arbitration proceedings — creating procedural chaos Congress never endorsedImplications: A Jules victory forces winning arbitration parties to re-file in state court, pay new fees, re-serve defendants, and educate a new court from scratch — benefiting recalcitrant defendants. A respondents' victory preserves the rule in seven circuits: one court, one proceeding, one appeal resolves the entire dispute, giving businesses and employees certainty about where arbitration enforcement lands.The Fine Print:FAA Section 8, 9 U.S.C. § 8: "the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to enter its decree upon the award"28 U.S.C. § 1367(a): "in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III"Primary Cases:Badgerow v. Walters (2022): Federal courts cannot use a "look-through" method to establish jurisdiction over FAA Section 9 and 10 applications — the application itself must reveal an independent jurisdictional basisCortez Byrd Chips, Inc. v. Bill Harbert Construction Co. (2000): The court with power to stay an action under FAA Section 3 holds the further power to confirm any ensuing arbitration awardOral Advocates:Jules (Petitioner): Adam G. Unikowsky of Jenner and Block.Andre Balazs (Respondents): Daniel L. Geyser of Haynes and Boone, LLPTimestamps:[00:01:25] Argument Begins[00:01:32] Jules Opening Statement[00:03:03] Jules Free for All Questions[00:26:40] Jules Round Robin Questions[00:32:42] Balazs Opening Statement[00:34:05] Balazs Free for All Questions[00:51:56] Balazs Round Robin Questions[00:52:08] Jules Rebuttal

Jules v. Andre Balazs Properties | Case No. 25-83 | Decided May 14, 2026 | Docket Link: HereQuestion Presented: Whether federal courts retain jurisdiction to confirm or vacate arbitration awards when confirmation motions lack independent federal jurisdiction.Overview: Federal Arbitration Act case resolves circuit split over whether district courts maintaining stayed federal claims during arbitration keep jurisdiction to confirm or vacate resulting arbitral awards.Posture: District Court confirmed award; Second Circuit affirmed; Fourth Circuit created split reading Badgerow broadly.Main Arguments:Jules (Petitioner):(1) Badgerow requires independent jurisdictional basis for all Section 9 and Section 10 motions regardless of pre-existing suits;(2) FAA created comprehensive jurisdictional scheme demanding textual authorization;(3) Service requirements in Sections 9 and 12 establish confirm-or-vacate applications as new federal actions.Balazs Properties (Respondent):(1) Pre-existing federal question jurisdiction over stayed claims extends to confirm-or-vacate motions within same case;(2) Badgerow addressed only freestanding applications without prior federal lawsuits;(3) Section 3 mandatory stay preserves jurisdiction for FAA's supervisory framework.Holding: A federal court that previously stayed claims in a pending action under §3 of the FAA retains jurisdiction to confirm or vacate a resulting arbitral award on those claims.Voting Breakdown: 9-0 decision affirmed Second Circuit. Justice Sotomayor wrote unanimous opinion joined by Roberts, Thomas, Alito, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson. No separate opinions.Majority Reasoning:(1) Jurisdiction over cases includes jurisdiction over motions within those cases without requiring look-through approach to controversies outside court;(2) Federal question jurisdiction establishing district court authority over original federal claims survived arbitration stay and extended to confirm-or-vacate determinations;(3) FAA's supervisory framework requiring mandatory stays rather than dismissals contemplates courts superintending arbitration through final confirmation or vacatur.Separate Opinions: None.Implications: Federal courts maintain continuous jurisdiction over federal claims throughout arbitration and its aftermath. Streamlines arbitration by consolidating all proceedings—initial stay through final confirmation—in single federal forum when federal claims launched case. Prevents wasteful dual-track litigation where federal courts handle arbitrability appeals while state courts simultaneously handle confirm-or-vacate proceedings. Reinforces FAA's supervisory framework keeping courts engaged from arbitration commencement through final resolution.The Fine Print:Federal Arbitration Act § 3: "If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement"28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States"Primary Cases:Badgerow v. Walters (2022): Freestanding FAA confirm-or-vacate motions cannot use look-through approach to locate federal jurisdiction in underlying disputes not before court absent textual authorizationSmith v. Spizzirri (2024): Section 3 requires mandatory stays rather than dismissals when sending parties to arbitration, preserving supervisory role for courts assisting arbitration and facilitating award recoveryOral Advocates:Jules (Petitioner): Adam G. Unikowsky of Jenner and Block.Andre Balazs (Respondents): Daniel L. Geyser of Haynes and Boone, LLP

Montgomery v. Caribe Transport II, LLC | Oral Argument: 3/4/2026 | Case No. 24-1238 | Docket Link: HereQuestion Presented: Whether the FAAAA's safety exception permits negligent-hiring claims against transportation brokers who arrange shipments with unsafe motor carriers.Overview: Truck crash victim challenges federal preemption of state tort claims against transportation brokers, testing whether states retain authority to impose negligent-hiring liability on brokers who select carriers with poor safety records.Posture: Seventh Circuit affirmed district court preemption ruling; circuit split over broker liability.Interview with Marc Blubaugh: HereMain Arguments:Montgomery (Petitioner):(1) Negligent-hiring claims concern motor vehicles because they regulate which trucks transport goods on highways;(2) Safety exception preserves traditional state tort law policing dangerous conduct;(3) Brokers selecting unsafe carriers directly threaten highway safety and public welfare.C.H. Robinson (Respondent):(1) Brokers neither own trucks nor hire drivers, making claims unrelated to motor vehicles;(2) Safety exception limited to vehicle-specific regulations like inspections and maintenance standards;(3) Subsection (b) excludes brokers from safety regulation, making subsection (c) identical interpretation required.Holding: The FAAAA does not preempt negligent hiring claims made against transportation brokers because States retain authority to regulate safety “with respect to motor vehicles” under the FAAAA.Voting Breakdown: 9-0. Justice Barrett wrote the majority opinion joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson. Justice Kavanaugh filed a concurring opinion joined by Alito. Reversed and remanded.Majority Reasoning: (1) Claims "with respect to motor vehicles" means claims that "concern" vehicles used in transportation, applying ordinary meaning and Dan's City Used Cars precedent; (2) Requiring brokers to exercise reasonable care when selecting carriers concerns the trucks transporting goods most obviously; (3) Safety exception saves only motor-vehicle-safety-related claims, leaving price and route regulations preempted, avoiding swallow-the-rule problem.Separate Opinions: Kavanaugh concurrence (joined by Alito): Case presents closer questions than majority suggests; contextual considerations point both directions; insurance coverage dichotomy and intrastate-interstate anomaly favor brokers; economic-deregulation structure and federal-regulation absence favor Montgomery; brokers retain defenses through reasonableness standard and proximate cause requirements.Implications: Transportation brokers face potential state tort liability when selecting motor carriers with poor safety records, affecting 28,000 brokers arranging one-third of domestic freight shipments. Courts must develop standards defining reasonable broker due diligence in carrier selection. Ruling creates enforcement asymmetry permitting state safety regulation for interstate but not intrastate broker arrangements, potentially inviting constitutional challenge to subsection (b) preemption authority.The Fine Print:49 U.S.C. §14501(c)(1): "A State may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier or broker with respect to the transportation of property."49 U.S.C. §14501(c)(2)(A): The preemption provision "shall not restrict the safety regulatory authority of a State with respect to motor vehicles."Primary Cases:Dan's City Used Cars, Inc. v. Pelkey (2013): "With respect to" means "concerns" in FAAAA preemption provision context, establishing ordinary-meaning approach to statutory interpretation of preemption scope.Kurns v. Railroad Friction Products Corp. (2012): State common-law duties and standards of care constitute "potent method of governing conduct and controlling policy" within state regulatory authority over safety matters.Oral Advocates:For Petitioner (Montgomery): Paul D. Clement of Clement & Murphy, PLLC argues for Petitioner Montgomery.For Respondents (C.H. Robinson and Caribe Transport): Ted Boutrous of Gibson Dunn.For United States (as Amicus Curiae Supporting Caribe): Sopan Joshi, Assistant to the Solicitor General, U.S. Department of Justice.Timestamps:[00:00:00] Case Preview[00:00:53] Oral Advocates[00:01:09] Oral Argument Begins[00:01:17] Montgomery Opening Statement[00:03:15] Montgomery Free for All Questions[00:26:20] Montgomery Round Robin Questions[00:44:00] Caribe and Robinson Opening Statement[00:46:15] Caribe and Robinson Free for All Questions[01:04:17] Caribe and Robinson Round Robin Questions[01:09:37] United States Opening Statement[01:11:07] United States Free for All Questions[01:20:35] United States Round Robin Questions[01:36:19] Montgomery Rebuttal

Montgomery v. Caribe Transport II, LLC | Case No. 24-1238 | Decided May 14, 2026 | Docket Link: HereQuestion Presented: Whether the FAAAA's safety exception permits negligent-hiring claims against transportation brokers who arrange shipments with unsafe motor carriers.Overview: Truck crash victim challenges federal preemption of state tort claims against transportation brokers, testing whether states retain authority to impose negligent-hiring liability on brokers who select carriers with poor safety records.Posture: Seventh Circuit affirmed district court preemption ruling; circuit split over broker liability.Interview with Marc Blubaugh: HereMain Arguments:Montgomery (Petitioner):(1) Negligent-hiring claims concern motor vehicles because they regulate which trucks transport goods on highways;(2) Safety exception preserves traditional state tort law policing dangerous conduct;(3) Brokers selecting unsafe carriers directly threaten highway safety and public welfare.C.H. Robinson (Respondent):(1) Brokers neither own trucks nor hire drivers, making claims unrelated to motor vehicles;(2) Safety exception limited to vehicle-specific regulations like inspections and maintenance standards;(3) Subsection (b) excludes brokers from safety regulation, making subsection (c) identical interpretation required.Holding: The FAAAA does not preempt negligent hiring claims made against transportation brokers because States retain authority to regulate safety “with respect to motor vehicles” under the FAAAA.Voting Breakdown: 9-0. Justice Barrett wrote the majority opinion joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson. Justice Kavanaugh filed a concurring opinion joined by Alito. Reversed and remanded.Majority Reasoning: (1) Claims "with respect to motor vehicles" means claims that "concern" vehicles used in transportation, applying ordinary meaning and Dan's City Used Cars precedent; (2) Requiring brokers to exercise reasonable care when selecting carriers concerns the trucks transporting goods most obviously; (3) Safety exception saves only motor-vehicle-safety-related claims, leaving price and route regulations preempted, avoiding swallow-the-rule problem.Separate Opinions: Kavanaugh concurrence (joined by Alito): Case presents closer questions than majority suggests; contextual considerations point both directions; insurance coverage dichotomy and intrastate-interstate anomaly favor brokers; economic-deregulation structure and federal-regulation absence favor Montgomery; brokers retain defenses through reasonableness standard and proximate cause requirements.Implications: Transportation brokers face potential state tort liability when selecting motor carriers with poor safety records, affecting 28,000 brokers arranging one-third of domestic freight shipments. Courts must develop standards defining reasonable broker due diligence in carrier selection. Ruling creates enforcement asymmetry permitting state safety regulation for interstate but not intrastate broker arrangements, potentially inviting constitutional challenge to subsection (b) preemption authority.The Fine Print:49 U.S.C. §14501(c)(1): "A State may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier or broker with respect to the transportation of property."49 U.S.C. §14501(c)(2)(A): The preemption provision "shall not restrict the safety regulatory authority of a State with respect to motor vehicles."Primary Cases:Dan's City Used Cars, Inc. v. Pelkey (2013): "With respect to" means "concerns" in FAAAA preemption provision context, establishing ordinary-meaning approach to statutory interpretation of preemption scope.Kurns v. Railroad Friction Products Corp. (2012): State common-law duties and standards of care constitute "potent method of governing conduct and controlling policy" within state regulatory authority over safety matters.

Danco Laboratories, L.L.C. v. Louisiana | Nos. 25A1207, 25A1208 | Decided May 14, 2026 | Docket Link: HereOverview: The Supreme Court blocked the Fifth Circuit's nationwide order reinstating mifepristone's in-person dispensing requirement, preserving mail-order and telehealth distribution while Louisiana's APA challenge to the FDA's 2023 REMS proceeds.Question Presented: Whether the Fifth Circuit's §705 order suspending the FDA's 2023 mifepristone REMS changes should remain in effect pending appeal.Posture: District court denied preliminary relief; Fifth Circuit reversed, suspending 2023 REMS nationwide under §705.Main Arguments:Mifepristone Manufacturers (Applicants):(1) Louisiana lacks Article III standing — the 2023 REMS does not regulate Louisiana, and its sovereign and Medicaid-cost injuries depend on attenuated third-party choices the Court rejected in Alliance and Texas;(2) The FDA's removal of the in-person requirement rested on 15 studies covering 55,000 patients and consistent adverse-event data showing no safety concerns;(3) The Fifth Circuit's order upends five years of settled distribution infrastructure, inflicting irreparable harm on manufacturers, patients, providers, and 20 states supporting the current REMS.Louisiana (Respondent):(1) Louisiana holds sovereign standing — approximately 1,000 violations of its abortion laws occur monthly, each constituting an injury to its sovereignty under Stevens, reinforced by $92,000 in Medicaid costs and $17,000 in enforcement outlays;(2) The FDA itself refuses to defend the 2023 REMS, conceding it reflected "inadequate consideration," and three separate Fifth Circuit panels found the APA challenge likely meritorious;(3) Neither the public nor the FDA holds any interest in perpetuating an agency action the agency itself admits lacked adequate study, and the manufacturers' desire for higher profits does not constitute irreparable harm.Ruling: 7–2. The Court issued an unsigned (per curiam) order granting the stay applications, blocking the Fifth Circuit's May 1, 2026 order.Justice Thomas filed a dissenting opinion (unjoined). Justice Alito filed a separate dissenting opinion (unjoined). Stay granted pending disposition of the Fifth Circuit appeal and any timely certiorari petition.Majority Reasoning: (1) The per curiam order provided no reasoning — the Court granted the stay applications without explaining which factors it found satisfied; (2) The order specified only procedural mechanics: what it stayed, conditions for termination, and the timeline; (3) The absence of reasoning left unresolved whether the Court credited the manufacturers' standing arguments, the APA merits defense, or the equities analysis.Separate Opinions:(1) Justice Thomas (dissenting): Mifepristone manufacturers derive their claimed injury from profits earned through a "criminal enterprise" violating the Comstock Act (18 U.S.C. §§1461, 1462). No court should protect revenue flowing from federal felonies.(2) Justice Alito (dissenting): The manufacturers failed to demonstrate irreparable injury. The FDA won't enforce the old rules, the manufacturers devoted only 3 of 80-plus pages to irreparable harm, and lost sales in states banning abortion cannot count as cognizable injury because equity demands surrender of profits from unlawful activity.Implications: This stay preserves nationwide mail-order and telehealth mifepristone distribution while the Fifth Circuit appeal and potential certiorari proceedings unfold. The unresolved standing question — whether states can challenge federal deregulation through sovereign-injury and downstream-cost theories — carries transformative potential for administrative law far beyond mifepristone.Thomas's invocation of the Comstock Act signals at least one Justice views existing federal law as criminalizing mail-order mifepristone distribution regardless of FDA approval. The FDA's silence and its admission of "inadequate consideration" leave the agency's ultimate posture uncertain, giving Louisiana potent ammunition on the merits.The Fine Print:5 U.S.C. §705: "On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court … may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings."18 U.S.C. §1461 (Comstock Act): Bans using "the mails" to ship any "drug … for producing abortion."Primary Cases:FDA v. Alliance for Hippocratic Medicine (2024): Unanimous Court held anti-abortion doctors lacked Article III standing to challenge the mifepristone REMS — the chain of causation from FDA regulation to downstream medical costs stretched too far and too speculatively.United States v. Texas (2023): Court rejected states' claims that federal immigration enforcement policies caused cognizable Article III injuries through indirect effects on state revenues and spending — downstream costs from federal policies do not automatically confer standing.

Scott v. McDougle | Virginia Gerrymandering Case | Docket Link: HereOn May 15th, the Supreme Court blocked Virginia's gerrymandered maps from taking effect. This episode breaks down the main issue and airs the Virginia Supreme Court oral arguments. Case Overview: Virginia Supreme Court struck down partisan gerrymandering amendment because 1.3 million Virginians voted early before legislature's second approval, violating constitutional requirement that valid general election separate two legislative votes.Question Presented: Whether General Assembly complied with Article XII Section 1's intervening-election requirement when approving constitutional amendment twice before referendum.Oral AdvocatesScott (Appellant): Matthew Seligman Commonwealth of Virginia (Appellant): Tillman Breckenridge, Virginia's Solicitor General McDougle (Appellee): Thomas McCarthyPosture: Circuit court invalidated referendum. Virginia Supreme Court affirmed.Main Arguments:Petitioner (Scott): (1) "Election" means Election Day only, not early voting period; (2) Legislative authority requires deference to General Assembly's constitutional interpretation; (3) Voter approval through 1.6 million ballots demonstrates democratic legitimacy.Respondent (McDougle): (1) "Election" encompasses complete voting process from early voting through Election Day; (2) Strict compliance with amendment procedures protects against legislative overreach; (3) Foster v. Love establishes elections include all voting actions.Holding: 4-3. Majority opinion by Justice D. Arthur Kelsey affirmed circuit court. Chief Justice Powell dissented, joined by Justices Mann and Fulton. Referendum invalidated despite voter approval.Majority Reasoning: (1) Article XII Section 1 requires valid intervening general election between two legislative approvals; (2) Early voting beginning September 2025 preceded January 2026 second legislative vote, preventing intervening election; (3) "Election" means combined voting actions from early voting through Election Day, citing Foster v. Love.Separate Opinions:Chief Justice Powell (dissenting, joined by Mann and Fulton): Majority improperly broadened "election" definition beyond traditional Election Day meaning. Legislature complied with constitutional text requiring election between approvals.Implications: Prevents 10-1 partisan congressional gerrymander, maintains 6-5 nonpartisan court-drawn maps. Establishes that Virginia constitutional amendment process cannot circumvent procedural requirements through narrow interpretations excluding early voting. Reinforces strict compliance standard for constitutional amendments. SCOTUS denied emergency stay May 16, 2026 without noted dissents.The Fine Print:Virginia Constitution Article XII Section 1: "Any amendment...must be agreed to by a majority of all the members elected to each house, referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates, and again agreed to by a majority of all the members elected to each house."Virginia Constitution Article II Section 6-A: "Members of the Senate and of the House of Delegates of the General Assembly shall be elected from electoral districts established by the Virginia Redistricting Commission or by a court of competent jurisdiction."Primary Cases:Foster v. Love (1997): Federal law defining "election" encompasses entire voting process including early voting through Election Day, not merely Election Day itself.Coleman v. Pross (1978): Virginia constitutional amendments require strict compliance with all specified prerequisites rather than substantial compliance standard.

First Choice Women's Resource Centers, Inc. v. Davenport | Case No. 24-781 | Decided: 4/29/26 | Docket Link: HereOverview: New Jersey's Attorney General (Platkin) demanded a pro-life nonprofit's donor records despite receiving zero public complaints. The Court unanimously ruled the subpoena inflicted a present First Amendment injury, opening the federal courthouse door immediately.Question Presented: Whether federal courts can hear First Amendment challenges to state subpoenas demanding donor identities before state courts enforce those subpoenas.Posture: Third Circuit affirmed dismissal for lack of standing; Supreme Court reversed unanimously.Holding: First Choice established a present injury to its First Amendment associational rights sufficient for Article III standing.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Gorsuch authored the unanimous opinion.Majority Reasoning: (1) Government demands for donor information inevitably deter First Amendment associational rights — an injury beginning when the demand arrives and persisting as long as it remains outstanding; (2) The subpoena's "non-self-executing" nature carried no constitutional significance — the "sword of Damocles" chilled association regardless of enforcement status; (3) Confidentiality promises, narrowed demands, and prospective protective orders cannot cure the First Amendment injury a donor-information subpoena inflicts.Separate Opinions: None. The Court ruled unanimously without concurrences or dissents.Implications: Every nonprofit, charity, and advocacy organization now holds clear authority to challenge government demands for donor records in federal court immediately under Section 1983 — without exhausting state remedies first. The ruling forecloses the "preclusion trap" that would permanently bar federal review after a state-court loss. Attorneys general nationwide must now account for immediate federal scrutiny before issuing investigatory subpoenas targeting donor rolls. The Court left the merits question open — whether this particular subpoena violated the First Amendment — sending that fight back to the lower courts on remand.The Fine Print:First Amendment: "Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble."42 U.S.C. §1983: Authorizes suits against any person who, under color of state law, deprives another of federal constitutional rights — enacted by Congress specifically to guarantee a federal forum when state officials violate constitutional protections.Primary Cases:NAACP v. Alabama ex rel. Patterson (1958): Government demands for private membership rolls burden First Amendment associational rights; the "vital relationship" between privacy in association and freedom to associate requires the "closest scrutiny" of compelled disclosure.Americans for Prosperity Foundation v. Bonta (2021): State demands for charitable donor information "chill" protected associational rights even when the government promises confidentiality; such demands must overcome heightened First Amendment scrutiny.Oral Advocates:For Petitioner (First Choice Women's Resource): Erin M. Hawley, Washington, D.C.For United States as Amicus Curiae: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent (New Jersey): Sundeep Iyer, Chief Counsel to the Attorney General, Trenton, N.J.Timestamps:[00:00:00] Oral Argument Preview[00:01:32] Oral Argument Begins[00:01:50] Petitioner Opening Statement[00:03:55] Petitioner Free for All Questions[00:19:27] Petitioner Round Robin Questions[00:24:43] United States as Amicus Curiae Opening Statement[00:25:25] Amicus Curiae Free for All Questions[00:35:30] Amicus Curiae Round Robin Questions[00:38:09] Respondent Opening Statement[00:40:30] Respondent Free for All Questions[01:08:31] Respondent Round Robin Questions[01:20:41] Petitioner Rebuttal

First Choice Women's Resource Centers, Inc. v. Davenport | Case No. 24-781 | Decided: 4/29/26 | Docket Link: HereOverview: New Jersey's Attorney General (Platkin) demanded a pro-life nonprofit's donor records despite receiving zero public complaints. The Court unanimously ruled the subpoena inflicted a present First Amendment injury, opening the federal courthouse door immediately.Question Presented: Whether federal courts can hear First Amendment challenges to state subpoenas demanding donor identities before state courts enforce those subpoenas.Posture: Third Circuit affirmed dismissal for lack of standing; Supreme Court reversed unanimously.Holding: First Choice established a present injury to its First Amendment associational rights sufficient for Article III standing.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Gorsuch authored the unanimous opinion.Majority Reasoning: (1) Government demands for donor information inevitably deter First Amendment associational rights — an injury beginning when the demand arrives and persisting as long as it remains outstanding; (2) The subpoena's "non-self-executing" nature carried no constitutional significance — the "sword of Damocles" chilled association regardless of enforcement status; (3) Confidentiality promises, narrowed demands, and prospective protective orders cannot cure the First Amendment injury a donor-information subpoena inflicts.Separate Opinions: None. The Court ruled unanimously without concurrences or dissents.Implications: Every nonprofit, charity, and advocacy organization now holds clear authority to challenge government demands for donor records in federal court immediately under Section 1983 — without exhausting state remedies first. The ruling forecloses the "preclusion trap" that would permanently bar federal review after a state-court loss. Attorneys general nationwide must now account for immediate federal scrutiny before issuing investigatory subpoenas targeting donor rolls. The Court left the merits question open — whether this particular subpoena violated the First Amendment — sending that fight back to the lower courts on remand.The Fine Print:First Amendment: "Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble."42 U.S.C. §1983: Authorizes suits against any person who, under color of state law, deprives another of federal constitutional rights — enacted by Congress specifically to guarantee a federal forum when state officials violate constitutional protections.Primary Cases:NAACP v. Alabama ex rel. Patterson (1958): Government demands for private membership rolls burden First Amendment associational rights; the "vital relationship" between privacy in association and freedom to associate requires the "closest scrutiny" of compelled disclosure.Americans for Prosperity Foundation v. Bonta (2021): State demands for charitable donor information "chill" protected associational rights even when the government promises confidentiality; such demands must overcome heightened First Amendment scrutiny.Oral Advocates:For Petitioner (First Choice Women's Resource): Erin M. Hawley, Washington, D.C.For United States as Amicus Curiae: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent (New Jersey): Sundeep Iyer, Chief Counsel to the Attorney General, Trenton, N.J.

Louisiana v. Callais and Robinson v. Callais | Case Nos. 24-109 & 24-110 | Oral Argument: 10/15/25 | Decided: April 29, 2026 | Docket Link: Here and Here Overview: On 4/29/26, the Supreme Court struck down Louisiana's second majority-Black congressional district as an unconstitutional racial gerrymander, overhauled the 40-year-old Gingles framework for vote-dilution claims, and reinterpreted Section 2 to demand a strong inference of intentional discrimination.Question Presented: Whether Section 2 of the Voting Rights Act required Louisiana to create a second majority-minority congressional district, justifying race-based redistricting under strict scrutiny.Posture: Three-judge district court struck down SB8; direct appeal to Supreme Court affirmed 6-3.Holding: Because the Voting Rights Act of 1965, 52 U. S. C. §10301 et seq., did not require Louisiana to create an additional majority-minority district, no compelling interest justified the State’s use of race in creating SB8, and that map is an unconstitutional racial gerrymander.Result: Affirmed and Remanded.Voting Breakdown: 6-3. Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett joined. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioner Press Robinson: Janai Nelson, New YorkFor Petitioner Louisiana: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, LouisianaFor Appellees: Edward D. Greim, Kansas City, MissouriFor United States, as Amicus Curiae, in Support of Appellees: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of JusticeTimestamps:[00:00:00] Argument Preview[00:01:00] Argument Begins[00:01:09] Appellant Press Robinson Opening Statement[00:03:32] Appellant Press Robinson Free for All Questions[00:26:15] Appellant Press Robinson Sequential Questions[00:47:32] Appellant Louisiana Opening Statement[00:49:02] Appellant Louisiana Free for All Questions[00:57:59] Appellant Louisiana Sequential Questions[01:20:21] Callais Appellees Opening Statement[01:21:47] Callais Appellees Free for All Questions[01:31:11] Callais Appellees Sequential Questions[01:40:35] United States as Amicus Curaie Opening Statement[01:41:42] United States as Amicus Curaie Free for All Questions[01:51:08] United States as Amicus Curaie Sequential Questions[02:25:32] Appellant Press Robinson Rebuttal

Louisiana v. Callais and Robinson v. Callais | Case Nos. 24-109 & 24-110 | Decided April 29, 2026 | Docket Link: Here and HereOverview: The Supreme Court struck down Louisiana's second majority-Black congressional district as an unconstitutional racial gerrymander, overhauled the 40-year-old Gingles framework for vote-dilution claims, and reinterpreted Section 2 to demand a strong inference of intentional discrimination.Question Presented: Whether Section 2 of the Voting Rights Act required Louisiana to create a second majority-minority congressional district, justifying race-based redistricting under strict scrutiny.Posture: Three-judge district court struck down SB8; direct appeal to Supreme Court affirmed 6-3.Holding: Because the Voting Rights Act of 1965, 52 U. S. C. §10301 et seq., did not require Louisiana to create an additional majority-minority district, no compelling interest justified the State’s use of race in creating SB8, and that map is an unconstitutional racial gerrymander.Result: Affirmed and Remanded.Voting Breakdown: 6-3. Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett joined. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.Link to Opinion: Here.Majority Reasoning: (1) Section 2's "less opportunity" language entitles minority voters only to whatever chance any voter receives under the State's permissible nonracial criteria — nothing more; (2) The Fifteenth Amendment bars only intentional discrimination, so Section 2 imposes liability only upon a strong inference of intentional discrimination; (3) Updated Gingles preconditions now require plaintiffs' maps to match all State objectives including partisan goals, polarization evidence to control for party affiliation, and totality analysis to focus on present-day intentional discrimination.Separate Opinions:Justice Thomas (concurring): Joined the majority in full but argued Section 2 should never apply to redistricting. The statutory terms reach only ballot-access rules, making the Court's 40-year application to districting a "disastrous misadventure."Justice Kagan (dissenting): Argued the majority converted Section 2 from the effects test Congress adopted in 1982 back into the intent test Congress rejected, calling the new framework "Bolden redux" and predicting severe reductions in minority representation nationwide.Implications: State legislatures now possess a powerful defense against Section 2 challenges: any map defended on partisan grounds enjoys strong immunity wherever race and party preference correlate. Vote-dilution plaintiffs now carry far heavier burdens — producing alternative maps matching every State objective, controlling polarization evidence for partisanship, and proving present-day intentional discrimination. Existing majority-minority districts now stand at legislative discretion. Thomas's concurrence signals two Justices want to eliminate Section 2 redistricting claims entirely, keeping that question alive. Lower courts must now determine what evidence satisfies the new "strong inference" standard.The Fine Print:Section 2(b), Voting Rights Act, 52 U.S.C. §10301(b): "A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice."Fifteenth Amendment, Section 1: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."Primary Cases:Thornburg v. Gingles (1986): Established the three-precondition framework for Section 2 vote-dilution claims — requiring a sufficiently large and compact minority group, politically cohesive minority voting, and majority bloc voting that usually defeats minority-preferred candidates.Allen v. Milligan (2023): Reaffirmed Gingles and upheld Alabama's obligation to create a second majority-Black congressional district under Section 2, rejecting Alabama's proposed "race-neutral benchmark" test.Oral Advocates:For Petitioner Press Robinson: Janai Nelson, New YorkFor Petitioner Louisiana: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, LouisianaFor Appellees: Edward D. Greim, Kansas City, MissouriFor United States, as Amicus Curiae, in Support of Appellees: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice

Hencely v. Fluor Corp. | Case No. 24-924 | Decided April 22, 2026 | Docket Link: HereQuestion Presented: Whether federal law preempts state tort claims against military contractors for unauthorized conduct violating military instructions.Overview: Supreme Court narrows military contractor immunity, ruling contractors face state tort liability when they violate rather than follow government orders during wartime operations.Posture: Fourth Circuit affirmed summary judgment for contractor based on federal preemption.Holding: The Court of Appeals for the Fourth Circuit erred in finding Winston Hencely’s state-law tort claims preempted where the Federal Government neither ordered nor authorized Fluor Corporation’s challenged conduct.Voting Breakdown: 6-3 decision vacated Fourth Circuit judgment. Justice Thomas authored majority opinion joined by Sotomayor, Kagan, Gorsuch, Barrett, and Jackson.Majority Reasoning: (1) Neither Constitution nor federal statute expressly preempts tort suits against contractors who violate military instructions; (2) Boyle doctrine protects contractors only when they conform to government specifications, not when they breach obligations; (3) Federal preemption requires actual conflict with federal law, not judicial speculation about federal interests.Separate Opinions:Justice Alito (dissenting, joined by Roberts and Kavanaugh): Constitution's war powers exclusively assign military authority to federal government; state regulation of combat zone security arrangements violates structural separation of powers and encroaches on federal military domain.Opinion: HereImplications: Military contractors lose blanket wartime immunity and face state tort liability when violating military instructions. Military families gain clearer accountability paths through state courts. Contractors must strengthen compliance with military supervision requirements to avoid potential liability. Decision reinforces targeted conflict preemption over broad field preemption doctrine.The Fine Print:Federal Tort Claims Act § 2680(j): Preserves government immunity for "any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war"Supremacy Clause, Article VI, Clause 2: Constitution, federal statutes, and treaties constitute "the supreme Law of the Land" requiring state law to yield when conflicting with federal directivesPrimary Cases:Boyle v. United Technologies Corp. (1988): Federal preemption protects military contractors only when they conform to government specifications and follow precise government directionsYearsley v. W.A. Ross Construction Co. (1940): Contractors receive constitutional immunity only when sued precisely for accomplishing what Federal Government requested under valid authorityOral Advocates:For Petitioner (Hencely): Frank H. Chang, Arlington, Virginia argues for Petitioner Hencely.For Respondent (Fluor): Mark W. Mosier, Washington, D.C.For United States as Amicus Curiae Supporting Respondent: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C.

Hencely v. Fluor Corp. | Case No. 24-924 | Decided April 22, 2026 | Docket Link: HereQuestion Presented: Whether federal law preempts state tort claims against military contractors for unauthorized conduct violating military instructions.Overview: Supreme Court narrows military contractor immunity, ruling contractors face state tort liability when they violate rather than follow government orders during wartime operations.Posture: Fourth Circuit affirmed summary judgment for contractor based on federal preemption.Holding: The Court of Appeals for the Fourth Circuit erred in finding Winston Hencely’s state-law tort claims preempted where the Federal Government neither ordered nor authorized Fluor Corporation’s challenged conduct.Voting Breakdown: 6-3 decision vacated Fourth Circuit judgment. Justice Thomas authored majority opinion joined by Sotomayor, Kagan, Gorsuch, Barrett, and Jackson.Majority Reasoning: (1) Neither Constitution nor federal statute expressly preempts tort suits against contractors who violate military instructions; (2) Boyle doctrine protects contractors only when they conform to government specifications, not when they breach obligations; (3) Federal preemption requires actual conflict with federal law, not judicial speculation about federal interests.Separate Opinions:Justice Alito (dissenting, joined by Roberts and Kavanaugh): Constitution's war powers exclusively assign military authority to federal government; state regulation of combat zone security arrangements violates structural separation of powers and encroaches on federal military domain.Opinion: HereImplications: Military contractors lose blanket wartime immunity and face state tort liability when violating military instructions. Military families gain clearer accountability paths through state courts. Contractors must strengthen compliance with military supervision requirements to avoid potential liability. Decision reinforces targeted conflict preemption over broad field preemption doctrine.The Fine Print:Federal Tort Claims Act § 2680(j): Preserves government immunity for "any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war"Supremacy Clause, Article VI, Clause 2: Constitution, federal statutes, and treaties constitute "the supreme Law of the Land" requiring state law to yield when conflicting with federal directivesPrimary Cases:Boyle v. United Technologies Corp. (1988): Federal preemption protects military contractors only when they conform to government specifications and follow precise government directionsYearsley v. W.A. Ross Construction Co. (1940): Contractors receive constitutional immunity only when sued precisely for accomplishing what Federal Government requested under valid authorityOral Advocates:For Petitioner (Hencely): Frank H. Chang, Arlington, Virginia argues for Petitioner Hencely.For Respondent (Fluor): Mark W. Mosier, Washington, D.C.For United States as Amicus Curiae Supporting Respondent: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C.

Mullin v. Doe | 25-1083 | Docket Link: HereConsolidated with Trump v. Miot 25-1084 | Docket Link: HereArgument Date: 4/29/2026Oral Advocates:Petitioners (United States): D. John Sauer, United States’ Solicitor GeneralRespondents (Doe): Ahilan T. Arulanantham of UCLA School of LawRespondents (Miot): Geoffrey M. Pipoly of Bryan Cave Leighton Paisner LLPQuestion Presented: Whether 8 U.S.C. § 1254a(b)(5)(A)'s judicial review bar precludes APA challenges to the Secretary's termination of Syria's Temporary Protected Status designation, and if reviewable, whether the termination violated the APA.Overview: Emergency stay application challenges Secretary Mullin's termination of Temporary Protected Status for 6,132 Syrian nationals. Central questions: whether courts may review TPS termination decisions at all, and whether the Secretary followed required consultation and country-conditions procedures.Posture: S.D.N.Y. postponed Syria's TPS termination; Second Circuit denied stay; government now seeks Supreme Court intervention.Main Arguments:Government (Applicant): (1) Section 1254a(b)(5)(A) bars all APA challenges to TPS terminations; (2) Secretary validly consulted agencies and invoked national interest; (3) Courts cannot brand a new administration's policy priorities as pretextSyrian TPS Holders (Respondents): (1) Judicial review bar covers country-conditions determinations only, not procedural violations; (2) Secretary never genuinely consulted agencies and invoked an extra-statutory factor; (3) Concrete harms to 6,132 Syrians facing deportation to an active war zone favor denialImplications:(A) Government victory:The judicial review bar broadly strips courts of authority to review all TPS termination decisionsClear path for DHS Secretary to implement terminations across all thirteen countries — potentially stripping hundreds of thousands of TPS holders of legal status with no judicial recourse.TPS becomes a pure presidential foreign-policy tool.(B) TPS holders victory:Courts retain authority to enforce TPS's procedural requirements;The Secretary must genuinely consult agencies and review actual country conditions;6,132 Syrians retain lawful status while the Second Circuit completes full appellate review.The Fine Print:8 U.S.C. § 1254a(b)(5)(A): "There is no judicial review of any determination of the [Secretary] with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection."8 U.S.C. § 1254a(b)(3)(A): "[A]fter consultation with appropriate agencies of the Government," the Secretary "shall review the conditions in the foreign state . . . and shall determine whether the conditions for such designation . . . continue to be met."Primary Cases:McNary v. Haitian Refugee Center, Inc. (1991): A comparable immigration statute's reference to "a determination" described a single act — the denial of an individual application — and did not bar general collateral challenges to unconstitutional agency practices and policies; the central precedent for the TPS holders' jurisdictional argument.Noem v. NTPSA, 145 S. Ct. 2728 (2025) (NTPSA I) & 146 S. Ct. 23 (2025) (NTPSA II): Supreme Court stayed two district court orders blocking Venezuela's TPS termination without written explanation; the government argues these orders "inform" the equitable analysis here and reflect prior acceptance of its likelihood-of-success argument.Timestamps:[00:01:50] Oral Advocates[00:02:08] Argument Begins[00:02:17] United States Opening Statement[00:04:14] United States Free for All Questions[00:37:20] United States Round Robin Questions[00:46:13] Doe Opening Statement[00:48:56] Doe Free for All Questions[01:06:24] Doe Round Robin Questions[01:26:28] Miot Opening Statement[01:28:06] Miot Free for All Questions[01:43:40] Miot Round Robin Questions[01:45:22] United States Rebuttal

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. | Case No. 24-889 | Docket Link: HereOral Advocates:Petitioners (Hikma): Charles B. Klein of Winston & Strawn LLPAmicus Curiae (United States): Malcolm L. Stewart of the Department of JusticeRespondents (Amarin Pharma): Michael R. Huston of Perkins Coie LLPQuestion Presented: Whether a generic drugmaker that fully carves patented uses from its label actively induces patent infringement through investor press releases and website statements that do not mention, encourage, or instruct the patented useOverview: Generic drugmaker Hikma followed federal skinny-label law but called its product "generic Vascepa" and touted Vascepa's total sales. Brand manufacturer Amarin claims those statements actively induced doctors to prescribe the generic for a patented cardiovascular use worth over $900 million annually.Posture: District court dismissed; Federal Circuit reversed; Supreme Court granted certiorari January 2026.Main Arguments:• Hikma (Petitioner): (1) "Actively" induces requires affirmative steps encouraging infringement — none of Hikma's statements mention or instruct the patented use; (2) Amarin's theory of liability imputes inferences physicians might draw, not active steps Hikma took; (3) The Federal Circuit's decision effectively nullifies the section viii skinny-label pathway Congress created to speed generic competition• Amarin (Respondent): (1) Hikma advertised its generic for "Hypertriglyceridemia" — a category encompassing the patented cardiovascular use — going beyond compliant labeling; (2) Press releases calling the product "generic Vascepa" and touting $919 million to $1.1 billion in total Vascepa sales plausibly encouraged prescribers to use the generic for all of Vascepa's indications; (3) Seven other generic manufacturers selling identical skinny-label products avoided suit by accurately limiting their marketing — proving that compliant speech and section viii coexistImplications: Hikma victory establishes that skinny-label compliance shields generic manufacturers from inducement liability for accurate commercial descriptions, protecting the section viii pathway that delivers billions in consumer drug savings annually. Amarin victory confirms that post-label marketing conduct — even investor communications — can cross the line into active patent infringement inducement, preserving incentives for brand manufacturers to invest hundreds of millions in discovering new therapeutic uses. The Court's answer defines the legal boundary between ordinary commerce and unlawful inducement for the entire pharmaceutical industry.The Fine Print:• 35 U.S.C. § 271(b): "Whoever actively induces infringement of a patent shall be liable as an infringer"• 21 U.S.C. § 355(j)(2)(A)(viii): Permits a generic manufacturer to file a statement seeking approval only for uses not covered by the brand manufacturer's listed method-of-use patents, allowing the generic to carry a "skinny label" that carves out still-patented usesPrimary Cases:• Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. (2005): Inducement liability requires "clear expression or other affirmative steps taken to foster infringement" — mere knowledge that a product may reach infringing uses does not suffice; liability demands "statements or actions directed to promoting infringement"• Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (2012): Congress designed the section viii skinny-label mechanism to ensure "that one patented use will not foreclose marketing a generic drug for other unpatented ones," expediting generic competition as soon as patents allowTimestamps:[00:00:00] Argument Preview[00:01:41] Oral Advocates[00:01:58] Argument Begins[00:02:06] Hikma Opening Statement[00:04:13] Hikma Free for All Questions[00:12:50] Hikma Round Robin Questions[00:13:17] United States Opening Statement[00:14:29] United States Free for All Questions[00:24:44] United States Round Robin Questions[00:30:09] Amarin Opening Statement[00:32:34] Amarin Free for All Questions[00:58:56] Amarin Round Robin Questions[00:59:06] Hikma Rebuttal

Cisco Systems, Inc. v. Doe I | Case No. 24-856 | Docket Link: HereOral Advocates: Petitioners (Cisco Systems): Kannon K. Shanmugam of Davis Polk & Wardwell LLPRespondents (Doe I, et al.): Paul L. Hoffman of Schonbrun DeSimone Seplow Harris & Hoffman, LLPAmicus Curiae (United States): Curtis E. Gannon of the Department of JusticeQuestion Presented: Whether the Alien Tort Statute and the Torture Victim Protection Act authorize civil aiding-and-abetting liability against a U.S. technology company for facilitating a foreign government's torture of a religious minority.Overview: Falun Gong practitioners sued Cisco for building custom surveillance technology the Chinese government used to identify, arrest, and torture them. The case tests whether two federal statutes allow courts to impose civil liability on corporate enablers of foreign atrocity.Posture: Ninth Circuit reversed dismissal and allowed aiding-and-abetting claims to proceed; Supreme Court granted certiorari January 9, 2026.Main Arguments:Cisco (Petitioner): (1) Federal courts lack authority to create any new ATS causes of action — that power belongs exclusively to Congress; (2) Central Bank forecloses implied civil aiding-and-abetting liability absent express statutory authorization; (3) The TVPA's verb "subjects" covers command responsibility, not remote corporate assistance far removed from custody or control of victims.Falun Gong Practitioners (Respondent): (1) Aiding-and-abetting liability existed under the law of nations at the Founding and the First Congress intended ATS coverage to reach accessories; (2) Central Bank applied ordinary statutory interpretation, not a blanket clear-statement rule, and both the ATS and TVPA support aiding-and-abetting claims under that same analysis; (3) The TVPA's deliberate choice of the broad verb "subjects" — rather than the narrower "commits" used in criminal statutes — reflects congressional intent to reach secondary actors, confirmed by legislative history stating liability extends to those who "ordered, abetted, or assisted in the torture."Implications: A Cisco victory ends this case and signals that American companies face no civil ATS or TVPA exposure for knowingly supplying technology used by foreign governments to commit atrocities — leaving accountability to the political branches alone. A Falun Gong victory exposes U.S. companies and executives to civil liability for their role in foreign human-rights abuses, creating significant legal risk across global supply chains, technology exports, and international business dealings with authoritarian states.The Fine Print:Alien Tort Statute, 28 U.S.C. § 1350: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."Torture Victim Protection Act, 28 U.S.C. § 1350 note, § 2(a)(1): "An individual who, under actual or apparent authority, or color of law, of any foreign nation — subjects an individual to torture shall, in a civil action, be liable for damages to that individual."Primary Cases:Sosa v. Alvarez-Machain (2004): Courts retain limited authority to recognize ATS causes of action for international-law violations meeting a strict two-step test of specificity and judicial discretion, but must proceed with great caution.Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. (1994): Civil aiding-and-abetting liability does not exist under a federal statute unless Congress expressly provides for it; statutory silence does not imply it.Timestamps:[00:00:00] Argument Preview[00:01:31] Oral Advocates[00:01:52] Argument Begins[00:01:59] Cisco Opening Statement[00:04:17] Cisco Free for All Questions[00:21:49] Cisco Round Robin Questions[00:38:55] United States Opening Statement[00:40:05] United States Free for All Questions[00:50:27] United States Round Robin Questions[01:19:39] Doe Opening Statement[01:22:12] Doe Free for All Questions[01:50:47] Doe Round Robin Questions[01:55:52] Cisco Rebuttal

Monsanto Co. v. Durnell | Case No. 24-1068 | Docket Link: HereOral Advocates:Petitioner (Monsanto): Paul D. Clement of Clement & MurphyRespondent (Durnell): Ashley C. Keller of Keller PostmanAmicus Curiae (United States): Sarah M. Harris of the Department of JusticeQuestion Presented: Whether FIFRA preempts a state failure-to-warn claim when EPA approved the pesticide label without requiring a cancer warning.Overview: John Durnell sprayed Roundup for over two decades before a cancer diagnosis. EPA approved Roundup's label with no cancer warning for fifty years. The Court must decide whether that federal approval shields Monsanto from a $1.25 million Missouri jury verdict.Posture: Missouri Court of Appeals affirmed jury verdict; Missouri Supreme Court denied transfer; cert granted.Main Arguments:• Monsanto (Petitioner): (1) EPA's pesticide-specific registration imposes binding federal labeling requirements that preempt conflicting state tort duties; (2) Missouri's failure-to-warn standard diverges from FIFRA's mandatory cost-benefit analysis; (3) Federal law forbade unilateral label changes, making simultaneous compliance with state and federal law impossible.• Durnell (Respondent): (1) FIFRA delegates to courts and juries — not EPA — the final word on whether a label violates the misbranding prohibition; (2) Missouri law mirrors FIFRA's misbranding standards and runs parallel, not in conflict; (3) Monsanto could add a cancer warning unilaterally, as Bayer proved in 2012 with a different pesticide.Implications: A Monsanto victory extinguishes over 100,000 Roundup cancer lawsuits nationwide and establishes that EPA registration conclusively insulates pesticide manufacturers from state tort liability — a rule that extends to every federally registered pesticide. A Durnell victory preserves state-court accountability for pesticide warnings and confirms that juries, not EPA, hold final authority over whether a label misled consumers. Durnell's victory also subjects every pesticide manufacturer to potentially inconsistent verdicts across fifty states, and risks removing critical agricultural chemicals from commerce through cascading liability.The Fine Print:7 U.S.C. § 136v(b): "Such State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter."7 U.S.C. § 136a(f)(2): "In no event shall registration of an article be construed as a defense for the commission of any offense under this subchapter."Primary Cases:Bates v. Dow Agrosciences LLC (2005): State failure-to-warn law targeting false or misleading pesticide labels survives FIFRA preemption when it mirrors the federal misbranding standard; preemption applies only where state requirements actually differ from federal requirements.PLIVA, Inc. v. Mensing (2011): Impossibility preemption bars state failure-to-warn claims when federal law prevents manufacturers from independently making the label change state law requires.Timestamps:[Sorry, come back later for timestamps!]

Chatrie v. United States | Case No. 25-112 | Docket Link: HereOral Advocates:Petitioner (Chatrie): Adam G. Unikowsky of Jenner & BlockRespondent (United States): Eric J. Feigin of the Department of JusticeQuestion Presented: Whether the execution of a geofence warrant — compelling Google to search the location data of all users to identify devices near a crime scene — violated the Fourth Amendment.Overview: Police ordered Google to scan hundreds of millions of users' private location records to catch a bank robber, without naming any suspect. The Court now decides whether geofence warrants survive the Fourth Amendment's ban on general searches.Posture: Fourth Circuit en banc affirmed denial of suppression in a single-sentence per curiam opinion.Main Arguments:Chatrie (Petitioner): (1) Location History data constitutes Chatrie's property, making government access a trespass; (2) The warrant operated as an unconstitutional general warrant by compelling Google to search all users without individualized probable cause; (3) Each warrant step independently failed particularity and probable cause requirementsGovernment (Respondent): (1) Chatrie voluntarily opted into Location History, triggering the third-party doctrine and forfeiting any privacy claim in two hours of public movements; (2) Chatrie's property theory was forfeited below and lacks any foundation in American law; (3) The magistrate-issued warrant satisfied probable cause and particularity, and the good-faith exception independently bars suppressionImplications: A Chatrie victory likely ends geofence warrants as currently used — law enforcement would need to identify specific accounts before any search, fundamentally limiting their ability to identify unknown suspects through third-party tech platforms. It could also extend Fourth Amendment property protection to cloud-stored data broadly. A government victory grants constitutional clearance for geofence warrants and reaffirms the third-party doctrine against digital location data, exposing every opted-in user's movements to law enforcement access whenever a crime occurs nearby — including near places of worship, political gatherings, or medical facilities.The Fine Print:Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."18 U.S.C. § 2703(a) (Stored Communications Act): Requires a warrant for the government to compel disclosure of the contents of electronic communications stored for 180 days or fewer — a provision Chatrie argues supports a broader Fourth Amendment warrant requirement for location data.Primary Cases:Carpenter v. United States (2018): The Court held that seven or more days of cell-site location information triggers Fourth Amendment protection, declining to apply the third-party doctrine where data reveals the intimate patterns of daily life — Chatrie's central precedentSmith v. Maryland (1979): Established the third-party doctrine — a person who voluntarily shares information with a third party "assumes the risk" of disclosure to law enforcement and forfeits Fourth Amendment protection — the government's bedrock authorityTimestamps:[00:00:00] Argument Preview[00:01:21] Oral Advocates[00:01:29] Argument Begins[00:01:37] Chatrie Opening Statement[00:02:55] Chatrie Free for All Questions[00:26:57] Chatrie Round Robin Questions[00:58:35] United States Opening Statement[01:01:05] United States Free for All Questions[01:28:53] United States Round Robin Questions[01:56:42] Chatrie Rebuttal

Enbridge Energy v. Nessel | Oral Argument: 2/24/2026 | Case No. 24-783 | Docket Link: Here | Decided: 4/22/26Overview: Pipeline company removes Michigan environmental lawsuit to federal court two years late, claiming extraordinary circumstances involving international treaty and state forum manipulation justify extending statutory deadline.Question Presented: Can federal may extend the 30-day removal deadline under 28 U.S.C. § 1446(b)(1) for extraordinary circumstances.Posture: District court allowed late removal; Sixth Circuit reversed and ordered remand to state court.Holding: Because 28 U. S. C. §1446(b)(1)’s text, structure, and context are inconsistent with equitable tolling, Enbridge’s removal of the case to federal court outside the statute’s 30-day deadline was untimely.Voting Breakdown: 9-0. Justice Sotomayor authored the unanimous opinion. No Justice authored a separate opinion.Result: Affirmed. Nessel wins.Opinion: HereMajority Reasoning: (1) Statutory exceptions throughout removal law demonstrate Congress rejected general equitable tolling; (2) Mandatory language requires strict deadline enforcement; (3) Efficiency concerns counsel against case-by-case deadline extensions through judicial discretion.Implications: Companies lose flexibility to move cases to federal court after missing statutory deadlines. State courts retain jurisdiction over environmental and regulatory disputes even when federal issues arise later. Forum selection becomes permanent within thirty days of service regardless of extraordinary circumstances.Main Arguments:• Enbridge (Petitioner): (1) Equitable tolling presumption applies to all non-jurisdictional filing deadlines; (2) Congressional exceptions elsewhere don't preclude judicial flexibility here; (3) International treaty invocation and state forum manipulation create extraordinary circumstances• Nessel (Respondent): (1) Removal deadlines govern forum selection, not claim staleness; (2) Six express statutory exceptions rebut tolling presumption; (3) Strategic litigation choices don't constitute extraordinary circumstancesThe Fine Print:• 28 U.S.C. § 1446(b)(1): "The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading"• 1977 U.S.-Canada Transit Pipelines Treaty, Article II(1): "Each Party shall ensure that no public authority in its jurisdiction implements any measure that would have the effect of impeding, redirecting, redirecting or interfering with in any way the transmission of hydrocarbons in transit"Primary Cases:• United States v. Brockamp (1997): Explicit statutory exceptions strongly indicate Congress rejected additional implied exceptions through judicial interpretation• Young v. United States (2002): Equitable tolling applies to statutory deadlines that "prescribe a period within which certain rights may be enforced" unless Congress clearly indicates otherwise• Arellano v. McDonough (2023): Detailed statutory exceptions within same provision rebut equitable tolling presumption; courts cannot add implied exceptions where Congress specified express onesOral Advocates:For Petitioners (Petitioners Enbridge Energy): John Bursch of Bursch Law PLLC.For Respondent (Nessel): Ann Sherman, Michigan's Solicitor General.

Enbridge Energy v. Nessel | Oral Argument: 2/24/2026 | Case No. 24-783 | Docket Link: Here | Decided: 4/22/26Overview: Pipeline company removes Michigan environmental lawsuit to federal court two years late, claiming extraordinary circumstances involving international treaty and state forum manipulation justify extending statutory deadline.Question Presented: Can federal may extend the 30-day removal deadline under 28 U.S.C. § 1446(b)(1) for extraordinary circumstances.Posture: District court allowed late removal; Sixth Circuit reversed and ordered remand to state court.Holding: Because 28 U. S. C. §1446(b)(1)’s text, structure, and context are inconsistent with equitable tolling, Enbridge’s removal of the case to federal court outside the statute’s 30-day deadline was untimely.Voting Breakdown: 9-0. Justice Sotomayor authored the unanimous opinion. No Justice authored a separate opinion.Result: Affirmed. Nessel wins.Opinion: HereMajority Reasoning: (1) Statutory exceptions throughout removal law demonstrate Congress rejected general equitable tolling; (2) Mandatory language requires strict deadline enforcement; (3) Efficiency concerns counsel against case-by-case deadline extensions through judicial discretion.Implications: Companies lose flexibility to move cases to federal court after missing statutory deadlines. State courts retain jurisdiction over environmental and regulatory disputes even when federal issues arise later. Forum selection becomes permanent within thirty days of service regardless of extraordinary circumstances.Main Arguments:• Enbridge (Petitioner): (1) Equitable tolling presumption applies to all non-jurisdictional filing deadlines; (2) Congressional exceptions elsewhere don't preclude judicial flexibility here; (3) International treaty invocation and state forum manipulation create extraordinary circumstances• Nessel (Respondent): (1) Removal deadlines govern forum selection, not claim staleness; (2) Six express statutory exceptions rebut tolling presumption; (3) Strategic litigation choices don't constitute extraordinary circumstancesThe Fine Print:• 28 U.S.C. § 1446(b)(1): "The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading"• 1977 U.S.-Canada Transit Pipelines Treaty, Article II(1): "Each Party shall ensure that no public authority in its jurisdiction implements any measure that would have the effect of impeding, redirecting, redirecting or interfering with in any way the transmission of hydrocarbons in transit"Primary Cases:• United States v. Brockamp (1997): Explicit statutory exceptions strongly indicate Congress rejected additional implied exceptions through judicial interpretation• Young v. United States (2002): Equitable tolling applies to statutory deadlines that "prescribe a period within which certain rights may be enforced" unless Congress clearly indicates otherwise• Arellano v. McDonough (2023): Detailed statutory exceptions within same provision rebut equitable tolling presumption; courts cannot add implied exceptions where Congress specified express onesOral Advocates:For Petitioners (Petitioners Enbridge Energy): John Bursch of Bursch Law PLLC.For Respondent (Nessel): Ann Sherman, Michigan's Solicitor General.

Mullin v. Doe | 25-1083 | Docket Link: HereConsolidated with Trump v. Miot 25-1084 | Docket Link: HereArgument Date: 4/29/2026Question Presented: Whether 8 U.S.C. § 1254a(b)(5)(A)'s judicial review bar precludes APA challenges to the Secretary's termination of Syria's Temporary Protected Status designation, and if reviewable, whether the termination violated the APA.Overview: Emergency stay application challenges Secretary Mullin's termination of Temporary Protected Status for 6,132 Syrian nationals. Central questions: whether courts may review TPS termination decisions at all, and whether the Secretary followed required consultation and country-conditions procedures.Posture: S.D.N.Y. postponed Syria's TPS termination; Second Circuit denied stay; government now seeks Supreme Court intervention.Main Arguments:Government (Applicant): (1) Section 1254a(b)(5)(A) bars all APA challenges to TPS terminations; (2) Secretary validly consulted agencies and invoked national interest; (3) Courts cannot brand a new administration's policy priorities as pretextSyrian TPS Holders (Respondents): (1) Judicial review bar covers country-conditions determinations only, not procedural violations; (2) Secretary never genuinely consulted agencies and invoked an extra-statutory factor; (3) Concrete harms to 6,132 Syrians facing deportation to an active war zone favor denialImplications:(A) Government victory:The judicial review bar broadly strips courts of authority to review all TPS termination decisionsClear path for DHS Secretary to implement terminations across all thirteen countries — potentially stripping hundreds of thousands of TPS holders of legal status with no judicial recourse.TPS becomes a pure presidential foreign-policy tool.(B) TPS holders victory:Courts retain authority to enforce TPS's procedural requirements;The Secretary must genuinely consult agencies and review actual country conditions;6,132 Syrians retain lawful status while the Second Circuit completes full appellate review.The Fine Print:8 U.S.C. § 1254a(b)(5)(A): "There is no judicial review of any determination of the [Secretary] with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection."8 U.S.C. § 1254a(b)(3)(A): "[A]fter consultation with appropriate agencies of the Government," the Secretary "shall review the conditions in the foreign state . . . and shall determine whether the conditions for such designation . . . continue to be met."Primary Cases:McNary v. Haitian Refugee Center, Inc. (1991): A comparable immigration statute's reference to "a determination" described a single act — the denial of an individual application — and did not bar general collateral challenges to unconstitutional agency practices and policies; the central precedent for the TPS holders' jurisdictional argument.Noem v. NTPSA, 145 S. Ct. 2728 (2025) (NTPSA I) & 146 S. Ct. 23 (2025) (NTPSA II): Supreme Court stayed two district court orders blocking Venezuela's TPS termination without written explanation; the government argues these orders "inform" the equitable analysis here and reflect prior acceptance of its likelihood-of-success argument.

Chevron USA Inc. v. Plaquemines Parish | Case No. 24-813 | Decided: April 17, 2026 | Docket Link: HereQuestion Presented: Whether a state environmental lawsuit challenging a WWII military contractor's crude oil production "relates to" its federal avgas refining contract under the federal officer removal statute.Overview: Louisiana parishes sued Chevron over World War II oil production damage. Chevron invoked the federal officer removal statute, arguing its wartime crude oil production closely related to its military contract to refine aviation gasoline for the U.S. military.Posture: District Court and Fifth Circuit both denied removal; Supreme Court granted certiorari.Holding: Chevron plausibly alleged a close relationship between its challenged crude-oil production and the performance of its federal aviation gas refining duties and therefore satisfied the “relating to” requirement of the federal officer removal statute.Voting Breakdown: 8-0. Justice Thomas authored the majority, joined by six Justices. Justice Jackson authored an opinion concurring in the judgment. Justice Alito did not participate in the case.Result: Vacated and remanded.Majority Reasoning: (1) "Relating to" under the federal officer removal statute requires a close — not tenuous, remote, or peripheral — connection between challenged conduct and federal duties; no explicit contractual directive needed; (2) Chevron's crude oil production closely related to its federal avgas refining — wartime drilling practices directly enabled military fuel output; (3) The P.A.W.'s role allocating crude oil among refineries as an intermediary did not sever the production-refining relationship.Separate Opinions:Justice Jackson (concurring in judgment): Agreed Chevron satisfies the removal requirements but argued the 2011 "or relating to" amendment preserved the prior causal-nexus test rather than replacing it with a looser indirect-relationship standard; Chevron satisfies both tests.Implications: Military contractors and other companies that performed federal government work during wartime now carry stronger arguments to move state environmental and other lawsuits into federal court. The ruling clarifies that a close relationship between challenged conduct and federal duties suffices — no explicit contractual directive required. Jackson's concurrence signals future courts may apply a stricter causal-nexus test when facts run thinner. Louisiana parishes pursuing decades-old coastal damage claims against other wartime oil companies face the same federal-forum question across 41 remaining lawsuits.The Fine Print:28 U.S.C. §1442(a)(1): "[A] civil action or criminal prosecution that is commenced in a State court and that is against or directed to . . . [t]he United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof . . . for or relating to any act under color of such office."Louisiana Coastal Resources Management Act, La. Rev. Stat. Ann. §49:214.34(C)(2): "Individual specific uses legally commenced or established prior to the effective date of the coastal use permit program."Primary Cases:Morales v. Trans World Airlines, Inc. (1992): "Relating to" encompasses indirect connections; state advertising rules related to airline rates even where consumer decisions intervened as intermediaries in the causal chain.Ingersoll-Rand Co. v. McClendon (1990): A law "relates to" something even when lawmakers never specifically designed it to affect that subject; explicit direction unnecessary to establish a cognizable relationship.

Bondi v. Lau (formerly named Bondi v. Lau) | Case No. 25-429 | Docket Link: HereOral Advocates:Petitioner (United States): Sopan Joshi of the Department of JusticeRespondent (Muk Choi Lau): Shay Dvoretzky of Skadden, Arps, Slate, Meagher & Flom LLPQuestion Presented: Whether the government, to remove a lawful permanent resident as inadmissible after paroling him into the United States, must prove it possessed clear and convincing evidence of the disqualifying offense at the time of reentry.Overview: A green-card holder returns from a brief trip abroad facing only unproven criminal charges. The government paroles him in, waits for his conviction, then invokes the inadmissibility track. The Supreme Court now decides whether that sequence respects the INA's plain text.Posture: Second Circuit vacated removal order; Supreme Court granted certiorari January 9, 2026.Main Arguments:Government (Petitioner): (1) Courts lack jurisdiction to review discretionary parole decisions; (2) The INA requires proof of the offense at the removal hearing, not at the border; (3) Requiring border officers to weigh clear-and-convincing evidence before paroling LPRs would nullify decades of lawful practiceLau (Respondent): (1) The INA's plain text requires the government to establish the statutory exception at the time of reentry; (2) Courts retain jurisdiction to review whether DHS held authority to parole at all; (3) The government retains ample deportation authority under § 1227 and faces no operational hardshipImplications (90 words max): A government victory preserves DHS's ability to parole returning green-card holders facing criminal charges, use later convictions to justify the parole decision, and invoke the inadmissibility track — where the noncitizen bears the burden of proof. A Lau victory forces the government onto the deportation track for any LPR admitted without sufficient border-time evidence, shifting the burden of proof to the government. Millions of permanent residents who travel abroad while facing pending charges would gain a clearer procedural protection against the inadmissibility framework.The Fine Print:8 U.S.C. § 1101(a)(13)(C): "An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien — … (v) has committed an offense identified in section 1182(a)(2) of this title…"8 U.S.C. § 1182(d)(5)(A): "The Secretary of Homeland Security may … in his discretion parole into the United States temporarily … only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien…"Primary Cases:Wilkinson v. Garland (2024): Courts retain jurisdiction to review whether a noncitizen met the statutory eligibility requirements for a discretionary immigration decision — even where the ultimate exercise of discretion sits beyond judicial reviewVartelas v. Holder (2012): A lawful permanent resident who committed a crime involving moral turpitude before a 1996 statutory change could not retroactively lose the right to travel abroad and return; the Court acknowledged in dicta that § 1101(a)(13)(C)(v) appears to require conviction or admission of the offenseTimestamps:[00:00:00] Argument Preview[00:01:22] Oral Advocates[00:01:33] Argument Begins[00:01:38] United States Opening Statement[00:03:42] United States Free for All Questions[00:26:57] United States Round Robin Questions[00:51:52] Lau Opening Statement[00:54:15] Lau Free for All Questions[01:22:24] Lau Round Robin Questions[01:25:46] United States Rebuttal

FCC v. AT&T, Inc., consolidated with Verizon Communications Inc. v. FCC | Case Nos. 25-406 & 25-567 | Docket Links: Here and HereOral Advocates:Petitioners (AT&T, Inc. and Verizon Communications Inc.): Jeffrey B. Wall of Sullivan & Cromwell LLPRespondents (FCC): Vivek Suri of the Department of JusticeQuestion Presented: Whether the Communications Act violates the Seventh Amendment and Article III by authorizing the FCC to order payment of monetary penalties for failing to safeguard customer data, without guaranteeing carriers a jury trial.Overview: A Missouri sheriff exploited AT&T's and Verizon's location-data programs to track hundreds of people without consent. The FCC ordered AT&T to pay $57.3 million and Verizon $46.9 million — through in-house proceedings offering no jury — raising the question whether those proceedings violate the Seventh Amendment's guarantee of a jury trial in suits at common law.Posture: Fifth Circuit vacated AT&T's penalty; Second and D.C. Circuits upheld Verizon's and Sprint's. Supreme Court consolidated and granted cert January 9, 2026.Main Arguments:• AT&T and Verizon: (1) FCC forfeiture proceedings constitute "Suits at common law" demanding a jury before any final liability order enters; (2) The back-end Section 504 jury option fails — no carrier received a jury trial in 47 years under this scheme; (3) The scheme unconstitutionally conditions jury-trial rights on defying a final federal order and risking operating licenses.• FCC and United States: (1) FCC forfeiture orders impose no binding legal obligation — a carrier may lawfully do nothing after receiving one; (2) The Seventh Amendment right attaches at the collection suit, where carriers receive a full de novo jury trial under Section 504(a); (3) The Court's 1915 ruling in Meeker v. Lehigh Valley Railroad already upheld this exact model, and founding-era practice confirms its validity.Implications: An AT&T and Verizon victory strips the FCC of its primary enforcement tool, potentially leaving privacy, robocall, and data-security rules unenforced — and destabilizing similar penalty structures across at least five other federal agencies. An FCC and United States victory confirms that agencies may enter nine-figure penalty judgments through in-house proceedings, with regulated businesses' only realistic path running through courts that apply deferential review — not juries.The Fine Print:• U.S. Const. amend. VII: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."• 47 U.S.C. § 504(a): "The forfeitures provided for in this chapter shall be payable into the Treasury of the United States, and shall be recoverable...in a civil suit in the name of the United States...Provided, That any suit for the recovery of a forfeiture imposed pursuant to the provisions of this chapter shall be a trial de novo."Primary Cases:• SEC v. Jarkesy, 603 U.S. 109 (2024): The Seventh Amendment applies when a federal agency seeks civil penalties through in-house proceedings that parallel common-law suits; Congress cannot remove such claims from jury adjudication by assigning them to an administrative tribunal.• Meeker v. Lehigh Valley Railroad Co., 236 U.S. 412 (1915): A statute authorizing an agency to issue non-binding monetary awards — enforceable in subsequent civil suits with jury trials — does not violate the Seventh Amendment because no question of fact passes from the jury.Timestamps:[00:00:00] Argument Preview[00:01:23] Oral Advocates[00:01:33] Argument Begins[00:01:44] AT&T Opening Statement[00:03:37] AT&T Free for All Questions[00:28:25] AT&T Round Robin Questions[00:55:12] FCC Opening Statement[00:56:56] FCC Free for All Questions[01:20:27] FCC Round Robin Questions[01:22:12] AT&T Rebuttal

T.M. v. University of Maryland Medical System Corporation | Case No. 25-197 | Docket Link: HereOral Advocates:Petitioner (T.M.): Elizabeth B. Prelogar of Cooley LLPRespondents (University of Maryland Medical System Corporation): Lisa S. Blatt of Williams & Connolly LLPQuestion Presented: Whether the Rooker-Feldman doctrine — which blocks federal district courts from reviewing state-court judgments — can apply when the state-court decision remains subject to further appeal in state court.Overview: A Maryland woman who signed a consent order to secure her release from involuntary psychiatric commitment challenges a federal doctrine that slammed the federal courthouse door before her state-court appeal concluded — dividing the federal circuits.Posture: Fourth Circuit affirmed dismissal under Rooker-Feldman; expressly split from majority of circuits.Main Arguments:• T.M. (Petitioner): (1) Rooker-Feldman applies only after state proceedings end, per Exxon Mobil; (2) Section 1257 cannot support a negative inference extending to non-final judgments; (3) Preclusion and abstention doctrines adequately address federalism concerns without a jurisdictional bar• UMD Medical System (Respondent): (1) Exxon Mobil's four-part test contains no finality requirement; (2) District courts lack appellate jurisdiction over state-court judgments regardless of pending review; (3) T.M.'s rule would produce gamesmanship, parallel duplicative litigation, and profound federalism harmImplications: A T.M. victory gives any state-court loser who raises a constitutional claim an open path to federal district court while state appeals remain pending — broadening federal access but triggering parallel proceedings across two court systems. A UMD victory preserves the rule that state-court losers must exhaust state remedies before federal district courts intervene, reinforcing comity but potentially denying urgent federal relief before the state appellate process concludes. Either outcome reshapes how hundreds of thousands of civil litigants navigate federal courthouse access every year.The Fine Print:• 28 U.S.C. § 1257(a): "Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question..."• 28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."Primary Cases:• Exxon Mobil Corp. v. Saudi Basic Industries Corp. (2005): Rooker-Feldman "confined to cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments" — the central precedent both sides claim supports their position.• Rooker v. Fidelity Trust Co. (1923): Federal district courts lack power to reverse or modify state-court judgments — one of only two cases where the Supreme Court ever applied Rooker-Feldman to dismiss a federal suit for lack of jurisdiction, and the doctrine's namesake.Timestamps:[00:00:00] Argument Preview[00:01:15] Oral Advocates[00:01:27] Argument Begins[00:01:35] T.M. Opening Statement[00:03:51] T.M. Free for All Questions[00:27:56] T.M. Round Robin Questions[00:42:13] UMD Medical Opening Statement[00:44:01] UMD Medical Free for All Questions[00:59:41] UMD Medical Round Robin Questions[00:59:50] T.M. Rebuttal

Sripetch v. Securities and Exchange Commission | Case No. 25-466 | Docket Link: HereOral Advocates:Petitioners (Sripetch): Daniel L. Geyser of Haynes and Boone LLPRespondents (SEC): Malcolm L. Stewart of the Department of JusticeQuestion Presented: Whether the SEC may seek disgorgement without proving investors suffered pecuniary harm.Overview: Federal securities enforcement showdown asks whether the SEC must prove actual investor money losses before courts order fraudsters to surrender profits — reshaping a $6.1 billion annual enforcement tool.Posture: Ninth Circuit affirmed disgorgement without pecuniary harm; Second Circuit requires it; Supreme Court granted cert January 9, 2026.Main Arguments:Sripetch (Petitioner): (1) Disgorgement without pecuniary harm functions as an unlawful penalty, not equitable relief; (2) Congress's 2021 amendments ratified Liu's definition of disgorgement, which requires restoring funds to actual victims; (3) Allowing victimless disgorgement creates incoherent statutory anomalies and lets the SEC circumvent procedural safeguards attached to civil penalties.SEC (Respondent): (1) Disgorgement strips wrongdoers of ill-gotten gains rather than compensating victims — no loss showing required; (2) Congress deliberately omitted the "for the benefit of investors" language from the 2021 disgorgement provisions, signaling no pecuniary-harm prerequisite; (3) The statutory phrase "unjust enrichment" carries a common-law meaning that never required monetary loss.Implications: Sripetch victory forces the SEC to document specific investor money losses before courts order disgorgement — shrinking the SEC's multibillion-dollar enforcement arsenal and potentially shielding cleverly structured fraud schemes from profit-stripping orders. SEC victory preserves the agency's ability to disgorge profits from any securities violation regardless of whether identifiable investors lost money, keeping market manipulation unprofitable even when individual victims remain unharmed on paper. Lower courts, practitioners, and compliance officers across the securities industry await the Court's answer.The Fine Print:15 U.S.C. § 78u(d)(7): "In any action or proceeding brought by the Commission under any provision of the securities laws, the Commission may seek, and any Federal court may order, disgorgement."15 U.S.C. § 78u(d)(5): "In any action or proceeding brought or instituted by the Commission under any provision of the securities laws, the Commission may seek, and any Federal court may grant, any equitable relief that may be appropriate or necessary for the benefit of investors."Primary Cases:Liu v. SEC (2020): The Supreme Court held that SEC disgorgement must not exceed a wrongdoer's net profits and must "be awarded for victims" — the foundational ruling both sides now dispute.SEC v. Govil, 86 F.4th 89 (2d Cir. 2023): The Second Circuit held that disgorgement requires proof of investor pecuniary harm, creating the circuit split that prompted the Supreme Court's cert grant.Timestamps:[00:00:00] Argument Preview[00:01:07] Oral Advocates[00:01:17] Argument Begins[00:01:26] Sripetch Opening Statement[00:03:33] Sripetch Free for All Questions[00:25:18] Sripetch Round Robin Questions[00:41:42] SEC Opening Statement[00:44:17] SEC Free for All Questions[01:08:35] SEC Round Robin Questions[01:08:48] Sripetch Rebuttal

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. | Case No. 24-889 | Docket Link: HereQuestion Presented: Whether a generic drugmaker that fully carves patented uses from its label actively induces patent infringement through investor press releases and website statements that do not mention, encourage, or instruct the patented useOverview: Generic drugmaker Hikma followed federal skinny-label law but called its product "generic Vascepa" and touted Vascepa's total sales. Brand manufacturer Amarin claims those statements actively induced doctors to prescribe the generic for a patented cardiovascular use worth over $900 million annually.Posture: District court dismissed; Federal Circuit reversed; Supreme Court granted certiorari January 2026.Main Arguments:• Hikma (Petitioner): (1) "Actively" induces requires affirmative steps encouraging infringement — none of Hikma's statements mention or instruct the patented use; (2) Amarin's theory of liability imputes inferences physicians might draw, not active steps Hikma took; (3) The Federal Circuit's decision effectively nullifies the section viii skinny-label pathway Congress created to speed generic competition• Amarin (Respondent): (1) Hikma advertised its generic for "Hypertriglyceridemia" — a category encompassing the patented cardiovascular use — going beyond compliant labeling; (2) Press releases calling the product "generic Vascepa" and touting $919 million to $1.1 billion in total Vascepa sales plausibly encouraged prescribers to use the generic for all of Vascepa's indications; (3) Seven other generic manufacturers selling identical skinny-label products avoided suit by accurately limiting their marketing — proving that compliant speech and section viii coexistImplications: Hikma victory establishes that skinny-label compliance shields generic manufacturers from inducement liability for accurate commercial descriptions, protecting the section viii pathway that delivers billions in consumer drug savings annually. Amarin victory confirms that post-label marketing conduct — even investor communications — can cross the line into active patent infringement inducement, preserving incentives for brand manufacturers to invest hundreds of millions in discovering new therapeutic uses. The Court's answer defines the legal boundary between ordinary commerce and unlawful inducement for the entire pharmaceutical industry.The Fine Print:• 35 U.S.C. § 271(b): "Whoever actively induces infringement of a patent shall be liable as an infringer"• 21 U.S.C. § 355(j)(2)(A)(viii): Permits a generic manufacturer to file a statement seeking approval only for uses not covered by the brand manufacturer's listed method-of-use patents, allowing the generic to carry a "skinny label" that carves out still-patented usesPrimary Cases:• Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. (2005): Inducement liability requires "clear expression or other affirmative steps taken to foster infringement" — mere knowledge that a product may reach infringing uses does not suffice; liability demands "statements or actions directed to promoting infringement"• Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (2012): Congress designed the section viii skinny-label mechanism to ensure "that one patented use will not foreclose marketing a generic drug for other unpatented ones," expediting generic competition as soon as patents allow

Cisco Systems, Inc. v. Doe I | Case No. 24-856 | Docket Link: HereQuestion Presented: Whether the Alien Tort Statute and the Torture Victim Protection Act authorize civil aiding-and-abetting liability against a U.S. technology company for facilitating a foreign government's torture of a religious minority.Overview: Falun Gong practitioners sued Cisco for building custom surveillance technology the Chinese government used to identify, arrest, and torture them. The case tests whether two federal statutes allow courts to impose civil liability on corporate enablers of foreign atrocity.Posture: Ninth Circuit reversed dismissal and allowed aiding-and-abetting claims to proceed; Supreme Court granted certiorari January 9, 2026.Main Arguments:Cisco (Petitioner): (1) Federal courts lack authority to create any new ATS causes of action — that power belongs exclusively to Congress; (2) Central Bank forecloses implied civil aiding-and-abetting liability absent express statutory authorization; (3) The TVPA's verb "subjects" covers command responsibility, not remote corporate assistance far removed from custody or control of victims.Falun Gong Practitioners (Respondent): (1) Aiding-and-abetting liability existed under the law of nations at the Founding and the First Congress intended ATS coverage to reach accessories; (2) Central Bank applied ordinary statutory interpretation, not a blanket clear-statement rule, and both the ATS and TVPA support aiding-and-abetting claims under that same analysis; (3) The TVPA's deliberate choice of the broad verb "subjects" — rather than the narrower "commits" used in criminal statutes — reflects congressional intent to reach secondary actors, confirmed by legislative history stating liability extends to those who "ordered, abetted, or assisted in the torture."Implications: A Cisco victory ends this case and signals that American companies face no civil ATS or TVPA exposure for knowingly supplying technology used by foreign governments to commit atrocities — leaving accountability to the political branches alone. A Falun Gong victory exposes U.S. companies and executives to civil liability for their role in foreign human-rights abuses, creating significant legal risk across global supply chains, technology exports, and international business dealings with authoritarian states.The Fine Print:Alien Tort Statute, 28 U.S.C. § 1350: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."Torture Victim Protection Act, 28 U.S.C. § 1350 note, § 2(a)(1): "An individual who, under actual or apparent authority, or color of law, of any foreign nation — subjects an individual to torture shall, in a civil action, be liable for damages to that individual."Primary Cases:Sosa v. Alvarez-Machain (2004): Courts retain limited authority to recognize ATS causes of action for international-law violations meeting a strict two-step test of specificity and judicial discretion, but must proceed with great caution.Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. (1994): Civil aiding-and-abetting liability does not exist under a federal statute unless Congress expressly provides for it; statutory silence does not imply it.

Monsanto Co. v. Durnell | Case No. 24-1068 | Docket Link: HereQuestion Presented: Whether FIFRA preempts a state failure-to-warn claim when EPA approved the pesticide label without requiring a cancer warning.Overview: John Durnell sprayed Roundup for over two decades before a cancer diagnosis. EPA approved Roundup's label with no cancer warning for fifty years. The Court must decide whether that federal approval shields Monsanto from a $1.25 million Missouri jury verdict.Posture: Missouri Court of Appeals affirmed jury verdict; Missouri Supreme Court denied transfer; cert granted.Main Arguments:• Monsanto (Petitioner): (1) EPA's pesticide-specific registration imposes binding federal labeling requirements that preempt conflicting state tort duties; (2) Missouri's failure-to-warn standard diverges from FIFRA's mandatory cost-benefit analysis; (3) Federal law forbade unilateral label changes, making simultaneous compliance with state and federal law impossible.• Durnell (Respondent): (1) FIFRA delegates to courts and juries — not EPA — the final word on whether a label violates the misbranding prohibition; (2) Missouri law mirrors FIFRA's misbranding standards and runs parallel, not in conflict; (3) Monsanto could add a cancer warning unilaterally, as Bayer proved in 2012 with a different pesticide.Implications: A Monsanto victory extinguishes over 100,000 Roundup cancer lawsuits nationwide and establishes that EPA registration conclusively insulates pesticide manufacturers from state tort liability — a rule that extends to every federally registered pesticide. A Durnell victory preserves state-court accountability for pesticide warnings and confirms that juries, not EPA, hold final authority over whether a label misled consumers. Durnell's victory also subjects every pesticide manufacturer to potentially inconsistent verdicts across fifty states, and risks removing critical agricultural chemicals from commerce through cascading liability.The Fine Print:7 U.S.C. § 136v(b): "Such State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter."7 U.S.C. § 136a(f)(2): "In no event shall registration of an article be construed as a defense for the commission of any offense under this subchapter."Primary Cases:Bates v. Dow Agrosciences LLC (2005): State failure-to-warn law targeting false or misleading pesticide labels survives FIFRA preemption when it mirrors the federal misbranding standard; preemption applies only where state requirements actually differ from federal requirements.PLIVA, Inc. v. Mensing (2011): Impossibility preemption bars state failure-to-warn claims when federal law prevents manufacturers from independently making the label change state law requires.

Chatrie v. United States | Case No. 25-112 | Docket Link: HereQuestion Presented: Whether the execution of a geofence warrant — compelling Google to search the location data of all users to identify devices near a crime scene — violated the Fourth Amendment.Overview: Police ordered Google to scan hundreds of millions of users' private location records to catch a bank robber, without naming any suspect. The Court now decides whether geofence warrants survive the Fourth Amendment's ban on general searches.Posture: Fourth Circuit en banc affirmed denial of suppression in a single-sentence per curiam opinion.Main Arguments:Chatrie (Petitioner): (1) Location History data constitutes Chatrie's property, making government access a trespass; (2) The warrant operated as an unconstitutional general warrant by compelling Google to search all users without individualized probable cause; (3) Each warrant step independently failed particularity and probable cause requirementsGovernment (Respondent): (1) Chatrie voluntarily opted into Location History, triggering the third-party doctrine and forfeiting any privacy claim in two hours of public movements; (2) Chatrie's property theory was forfeited below and lacks any foundation in American law; (3) The magistrate-issued warrant satisfied probable cause and particularity, and the good-faith exception independently bars suppressionImplications: A Chatrie victory likely ends geofence warrants as currently used — law enforcement would need to identify specific accounts before any search, fundamentally limiting their ability to identify unknown suspects through third-party tech platforms. It could also extend Fourth Amendment property protection to cloud-stored data broadly. A government victory grants constitutional clearance for geofence warrants and reaffirms the third-party doctrine against digital location data, exposing every opted-in user's movements to law enforcement access whenever a crime occurs nearby — including near places of worship, political gatherings, or medical facilities.The Fine Print:Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."18 U.S.C. § 2703(a) (Stored Communications Act): Requires a warrant for the government to compel disclosure of the contents of electronic communications stored for 180 days or fewer — a provision Chatrie argues supports a broader Fourth Amendment warrant requirement for location data.Primary Cases:Carpenter v. United States (2018): The Court held that seven or more days of cell-site location information triggers Fourth Amendment protection, declining to apply the third-party doctrine where data reveals the intimate patterns of daily life — Chatrie's central precedentSmith v. Maryland (1979): Established the third-party doctrine — a person who voluntarily shares information with a third party "assumes the risk" of disclosure to law enforcement and forfeits Fourth Amendment protection — the government's bedrock authority

T.M. v. University of Maryland Medical System Corporation | Case No. 25-197 | Docket Link: HereQuestion Presented: Whether the Rooker-Feldman doctrine — which blocks federal district courts from reviewing state-court judgments — can apply when the state-court decision remains subject to further appeal in state court.Overview: A Maryland woman who signed a consent order to secure her release from involuntary psychiatric commitment challenges a federal doctrine that slammed the federal courthouse door before her state-court appeal concluded — dividing the federal circuits.Posture: Fourth Circuit affirmed dismissal under Rooker-Feldman; expressly split from majority of circuits.Main Arguments:• T.M. (Petitioner): (1) Rooker-Feldman applies only after state proceedings end, per Exxon Mobil; (2) Section 1257 cannot support a negative inference extending to non-final judgments; (3) Preclusion and abstention doctrines adequately address federalism concerns without a jurisdictional bar• UMD Medical System (Respondent): (1) Exxon Mobil's four-part test contains no finality requirement; (2) District courts lack appellate jurisdiction over state-court judgments regardless of pending review; (3) T.M.'s rule would produce gamesmanship, parallel duplicative litigation, and profound federalism harmImplications: A T.M. victory gives any state-court loser who raises a constitutional claim an open path to federal district court while state appeals remain pending — broadening federal access but triggering parallel proceedings across two court systems. A UMD victory preserves the rule that state-court losers must exhaust state remedies before federal district courts intervene, reinforcing comity but potentially denying urgent federal relief before the state appellate process concludes. Either outcome reshapes how hundreds of thousands of civil litigants navigate federal courthouse access every year.The Fine Print:• 28 U.S.C. § 1257(a): "Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question..."• 28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."Primary Cases:• Exxon Mobil Corp. v. Saudi Basic Industries Corp. (2005): Rooker-Feldman "confined to cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments" — the central precedent both sides claim supports their position.• Rooker v. Fidelity Trust Co. (1923): Federal district courts lack power to reverse or modify state-court judgments — one of only two cases where the Supreme Court ever applied Rooker-Feldman to dismiss a federal suit for lack of jurisdiction, and the doctrine's namesake.

Bondi v. Lau (formerly named Bondi v. Lau) | Case No. 25-429 | Docket Link: HereQuestion Presented: Whether the government, to remove a lawful permanent resident as inadmissible after paroling him into the United States, must prove it possessed clear and convincing evidence of the disqualifying offense at the time of reentry.Overview: A green-card holder returns from a brief trip abroad facing only unproven criminal charges. The government paroles him in, waits for his conviction, then invokes the inadmissibility track. The Supreme Court now decides whether that sequence respects the INA's plain text.Posture: Second Circuit vacated removal order; Supreme Court granted certiorari January 9, 2026.Main Arguments:Government (Petitioner): (1) Courts lack jurisdiction to review discretionary parole decisions; (2) The INA requires proof of the offense at the removal hearing, not at the border; (3) Requiring border officers to weigh clear-and-convincing evidence before paroling LPRs would nullify decades of lawful practiceLau (Respondent): (1) The INA's plain text requires the government to establish the statutory exception at the time of reentry; (2) Courts retain jurisdiction to review whether DHS held authority to parole at all; (3) The government retains ample deportation authority under § 1227 and faces no operational hardshipImplications (90 words max): A government victory preserves DHS's ability to parole returning green-card holders facing criminal charges, use later convictions to justify the parole decision, and invoke the inadmissibility track — where the noncitizen bears the burden of proof. A Lau victory forces the government onto the deportation track for any LPR admitted without sufficient border-time evidence, shifting the burden of proof to the government. Millions of permanent residents who travel abroad while facing pending charges would gain a clearer procedural protection against the inadmissibility framework.The Fine Print:8 U.S.C. § 1101(a)(13)(C): "An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien — … (v) has committed an offense identified in section 1182(a)(2) of this title…"8 U.S.C. § 1182(d)(5)(A): "The Secretary of Homeland Security may … in his discretion parole into the United States temporarily … only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien…"Primary Cases:Wilkinson v. Garland (2024): Courts retain jurisdiction to review whether a noncitizen met the statutory eligibility requirements for a discretionary immigration decision — even where the ultimate exercise of discretion sits beyond judicial reviewVartelas v. Holder (2012): A lawful permanent resident who committed a crime involving moral turpitude before a 1996 statutory change could not retroactively lose the right to travel abroad and return; the Court acknowledged in dicta that § 1101(a)(13)(C)(v) appears to require conviction or admission of the offense

FCC v. AT&T, Inc., consolidated with Verizon Communications Inc. v. FCC | Case Nos. 25-406 & 25-567 | Docket Links: Here and HereQuestion Presented: Whether the Communications Act violates the Seventh Amendment and Article III by authorizing the FCC to order payment of monetary penalties for failing to safeguard customer data, without guaranteeing carriers a jury trial.Overview: A Missouri sheriff exploited AT&T's and Verizon's location-data programs to track hundreds of people without consent. The FCC ordered AT&T to pay $57.3 million and Verizon $46.9 million — through in-house proceedings offering no jury — raising the question whether those proceedings violate the Seventh Amendment's guarantee of a jury trial in suits at common law.Posture: Fifth Circuit vacated AT&T's penalty; Second and D.C. Circuits upheld Verizon's and Sprint's. Supreme Court consolidated and granted cert January 9, 2026.Main Arguments:• AT&T and Verizon: (1) FCC forfeiture proceedings constitute "Suits at common law" demanding a jury before any final liability order enters; (2) The back-end Section 504 jury option fails — no carrier received a jury trial in 47 years under this scheme; (3) The scheme unconstitutionally conditions jury-trial rights on defying a final federal order and risking operating licenses.• FCC and United States: (1) FCC forfeiture orders impose no binding legal obligation — a carrier may lawfully do nothing after receiving one; (2) The Seventh Amendment right attaches at the collection suit, where carriers receive a full de novo jury trial under Section 504(a); (3) The Court's 1915 ruling in Meeker v. Lehigh Valley Railroad already upheld this exact model, and founding-era practice confirms its validity.Implications: An AT&T and Verizon victory strips the FCC of its primary enforcement tool, potentially leaving privacy, robocall, and data-security rules unenforced — and destabilizing similar penalty structures across at least five other federal agencies. An FCC and United States victory confirms that agencies may enter nine-figure penalty judgments through in-house proceedings, with regulated businesses' only realistic path running through courts that apply deferential review — not juries.The Fine Print:• U.S. Const. amend. VII: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."• 47 U.S.C. § 504(a): "The forfeitures provided for in this chapter shall be payable into the Treasury of the United States, and shall be recoverable...in a civil suit in the name of the United States...Provided, That any suit for the recovery of a forfeiture imposed pursuant to the provisions of this chapter shall be a trial de novo."Primary Cases:• SEC v. Jarkesy, 603 U.S. 109 (2024): The Seventh Amendment applies when a federal agency seeks civil penalties through in-house proceedings that parallel common-law suits; Congress cannot remove such claims from jury adjudication by assigning them to an administrative tribunal.• Meeker v. Lehigh Valley Railroad Co., 236 U.S. 412 (1915): A statute authorizing an agency to issue non-binding monetary awards — enforceable in subsequent civil suits with jury trials — does not violate the Seventh Amendment because no question of fact passes from the jury.

Sripetch v. Securities and Exchange Commission | Case No. 25-466 | Docket Link: HereQuestion Presented: Whether the SEC may seek disgorgement without proving investors suffered pecuniary harm.Overview: Federal securities enforcement showdown asks whether the SEC must prove actual investor money losses before courts order fraudsters to surrender profits — reshaping a $6.1 billion annual enforcement tool.Posture: Ninth Circuit affirmed disgorgement without pecuniary harm; Second Circuit requires it; Supreme Court granted cert January 9, 2026.Main Arguments:Sripetch (Petitioner): (1) Disgorgement without pecuniary harm functions as an unlawful penalty, not equitable relief; (2) Congress's 2021 amendments ratified Liu's definition of disgorgement, which requires restoring funds to actual victims; (3) Allowing victimless disgorgement creates incoherent statutory anomalies and lets the SEC circumvent procedural safeguards attached to civil penalties.SEC (Respondent): (1) Disgorgement strips wrongdoers of ill-gotten gains rather than compensating victims — no loss showing required; (2) Congress deliberately omitted the "for the benefit of investors" language from the 2021 disgorgement provisions, signaling no pecuniary-harm prerequisite; (3) The statutory phrase "unjust enrichment" carries a common-law meaning that never required monetary loss.Implications: Sripetch victory forces the SEC to document specific investor money losses before courts order disgorgement — shrinking the SEC's multibillion-dollar enforcement arsenal and potentially shielding cleverly structured fraud schemes from profit-stripping orders. SEC victory preserves the agency's ability to disgorge profits from any securities violation regardless of whether identifiable investors lost money, keeping market manipulation unprofitable even when individual victims remain unharmed on paper. Lower courts, practitioners, and compliance officers across the securities industry await the Court's answer.The Fine Print:15 U.S.C. § 78u(d)(7): "In any action or proceeding brought by the Commission under any provision of the securities laws, the Commission may seek, and any Federal court may order, disgorgement."15 U.S.C. § 78u(d)(5): "In any action or proceeding brought or instituted by the Commission under any provision of the securities laws, the Commission may seek, and any Federal court may grant, any equitable relief that may be appropriate or necessary for the benefit of investors."Primary Cases:Liu v. SEC (2020): The Supreme Court held that SEC disgorgement must not exceed a wrongdoer's net profits and must "be awarded for victims" — the foundational ruling both sides now dispute.SEC v. Govil, 86 F.4th 89 (2d Cir. 2023): The Second Circuit held that disgorgement requires proof of investor pecuniary harm, creating the circuit split that prompted the Supreme Court's cert grant.

Chiles v. Salazar | Case No. 24-539 | Argued: 10/7/25 | Decided: 3/31/26 | Docket Link: HereQuestion Presented: Whether the First Amendment permits Colorado to ban licensed talk therapists from expressing viewpoints that attempt to change a minor's sexual orientation or gender identity.Overview: Colorado's conversion therapy ban prohibited licensed counselors from saying anything designed to change a minor's sexual orientation or gender identity while expressly permitting affirming speech — a textbook viewpoint-based restriction on professional speech.Posture: District court and Tenth Circuit denied preliminary injunction applying rational basis review; Supreme Court granted certiorari to resolve circuit split.Holding: 8-1 decision reversed the Tenth Circuit and remanded for further proceedings. Justice Gorsuch authored the majority opinion joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett.Majority Reasoning: (1) Colorado's law regulated the content of Chiles's speech and discriminated based on viewpoint — permitting affirming speech while forbidding speech designed to change a client's sexual orientation or gender identity; (2) licensed professionals retain full First Amendment protection and professional speech does not occupy a lesser-protected constitutional category; (3) Colorado's analogies to licensing, informed-consent, and malpractice traditions failed to establish a historical basis for suppressing professional viewpoints.Separate Opinions:Justice Kagan (concurring, joined by Sotomayor): Agreed Colorado's law constituted viewpoint discrimination; reserved for another day whether content-based but viewpoint-neutral laws regulating therapist speech would warrant strict scrutiny, signaling a potential path for states to regulate therapeutic speech without running afoul of the First Amendment.Justice Jackson (dissenting): Argued Colorado's law incidentally restricted speech as a byproduct of regulating a harmful medical treatment; contended states retain traditional police power to set standards of care for licensed providers even when those standards restrict treatment-related speech, and warned the majority's ruling threatened broad categories of healthcare regulation.Implications:Every state conversion therapy ban covering talk therapy now faces strict scrutiny — the Constitution's most demanding standard.Talk therapists, psychiatrists, and other speech-based healthcare providers across approximately 26 states gain powerful new First Amendment arguments against professional discipline.States seeking to regulate therapeutic speech may pursue viewpoint-neutral restrictions, though that question remains open.The ruling leaves undisturbed conversion therapy bans targeting physical or aversive techniques.Future litigation will test where the line falls for viewpoint-neutral medical speech regulation.Oral Advocates:Petitioner (Chiles): James A. CampbellUnited States (Amicus Curiae): Hashim M. Mooppan, United States Department of JusticeRespondent (Colorado): Shannon W. Stevenson, Colorado Solicitor GeneralThe Fine Print:Colo. Rev. Stat. § 12-245-202(3.5)(a): "any practice or treatment . . . that attempts . . . to change an individual's sexual orientation or gender identity," including "efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex."First Amendment, U.S. Constitution: "Congress shall make no law . . . abridging the freedom of speech."Primary Cases:National Institute of Family and Life Advocates v. Becerra (2018): Professional speech does not occupy a separate, lesser-protected constitutional category; states cannot compel or restrict professional speech without satisfying ordinary First Amendment standards.Rosenberger v. Rector and Visitors of University of Virginia (1995): Viewpoint discrimination represents an egregious form of content-based regulation from which governments must nearly always abstain; the First Amendment forbids government from favoring one perspective over another on a given subject.Timestamps:[00:00:00] Case Preview[00:00:50] Argument Begins[00:00:57] Petitioner Opening Statement[00:02:46] Petitioner Free for All Questions[00:17:59] Petitioner Sequential Questions[00:27:48] United States Opening Statement[00:35:27] United States Sequential Questions[00:45:41] Respondent Opening Statement[01:09:00] Respondent Sequential Questions[01:22:28] Petitioner Rebuttal

Chiles v. Salazar | Case No. 24-539 | Argued: 10/7/25 | Decided: 3/31/26 | Docket Link: HereQuestion Presented: Whether the First Amendment permits Colorado to ban licensed talk therapists from expressing viewpoints that attempt to change a minor's sexual orientation or gender identity.Overview: Colorado's conversion therapy ban prohibited licensed counselors from saying anything designed to change a minor's sexual orientation or gender identity while expressly permitting affirming speech — a textbook viewpoint-based restriction on professional speech.Posture: District court and Tenth Circuit denied preliminary injunction applying rational basis review; Supreme Court granted certiorari to resolve circuit split.Holding: 8-1 decision reversed the Tenth Circuit and remanded for further proceedings. Justice Gorsuch authored the majority opinion joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett.Majority Reasoning: (1) Colorado's law regulated the content of Chiles's speech and discriminated based on viewpoint — permitting affirming speech while forbidding speech designed to change a client's sexual orientation or gender identity; (2) licensed professionals retain full First Amendment protection and professional speech does not occupy a lesser-protected constitutional category; (3) Colorado's analogies to licensing, informed-consent, and malpractice traditions failed to establish a historical basis for suppressing professional viewpoints.Separate Opinions:Justice Kagan (concurring, joined by Sotomayor): Agreed Colorado's law constituted viewpoint discrimination; reserved for another day whether content-based but viewpoint-neutral laws regulating therapist speech would warrant strict scrutiny, signaling a potential path for states to regulate therapeutic speech without running afoul of the First Amendment.Justice Jackson (dissenting): Argued Colorado's law incidentally restricted speech as a byproduct of regulating a harmful medical treatment; contended states retain traditional police power to set standards of care for licensed providers even when those standards restrict treatment-related speech, and warned the majority's ruling threatened broad categories of healthcare regulation.Implications: Every state conversion therapy ban covering talk therapy now faces strict scrutiny — the Constitution's most demanding standard. Talk therapists, psychiatrists, and other speech-based healthcare providers across approximately 26 states gain powerful new First Amendment arguments against professional discipline. States seeking to regulate therapeutic speech may pursue viewpoint-neutral restrictions, though that question remains open. The ruling leaves undisturbed conversion therapy bans targeting physical or aversive techniques. Future litigation will test where the line falls for viewpoint-neutral medical speech regulation.Oral Advocates:Petitioner (Chiles): James A. CampbellUnited States (Amicus Curiae): Hashim M. Mooppan, United States Department of JusticeRespondent (Colorado): Shannon W. Stevenson, Colorado Solicitor GeneralThe Fine Print:Colo. Rev. Stat. § 12-245-202(3.5)(a): "any practice or treatment . . . that attempts . . . to change an individual's sexual orientation or gender identity," including "efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex."First Amendment, U.S. Constitution: "Congress shall make no law . . . abridging the freedom of speech."Primary Cases:National Institute of Family and Life Advocates v. Becerra (2018): Professional speech does not occupy a separate, lesser-protected constitutional category; states cannot compel or restrict professional speech without satisfying ordinary First Amendment standards.Rosenberger v. Rector and Visitors of University of Virginia (1995): Viewpoint discrimination represents an egregious form of content-based regulation from which governments must nearly always abstain; the First Amendment forbids government from favoring one perspective over another on a given subject.

Trump v. Barbara | Case No. 25-365 | Docket Link: Here | Argument: 4/1/26Question Presented: Does the Executive Order denying birthright citizenship to children of undocumented or temporary-visa mothers comply with the Fourteenth Amendment's Citizenship Clause?Overview: President Trump's Executive Order attempts to redefine birthright citizenship, challenging 150 years of constitutional understanding that birth on American soil—with narrow exceptions—creates citizenship.Posture: District court enjoined Order; First Circuit unanimously affirmed; Supreme Court granted certiorari before judgment.Oral Advocates:Petitioner (United States): D. John Sauer, United States Solicitor General;Respondent (Barbara): Cecilia Wong, American Civil Liberties UnionMain Arguments:Government: (1) "Subject to the jurisdiction" requires complete political allegiance, not mere obedience to law;(2) Founding-era commentators excluded children of "transient aliens" from birthright citizenship;(3) Wong Kim Ark addressed only domiciled aliens—temporary visitors and undocumented immigrants fall outside that holding.Families: (1) English common law granted citizenship based on birth, not parentage—the Framers enshrined that rule;(2) Wong Kim Ark specifically rejected any domicile requirement, holding temporary visitors fall under U.S. jurisdiction;(3) 8 U.S.C. § 1401(a) independently guarantees citizenship based on prevailing 1940 understanding.Implications:Government victory transforms citizenship from a birthright into a privilege contingent on parental immigration status—potentially questioning the citizenship of millions born to immigrant parents over generations.Family victory preserves 150-year constitutional bedrock: birth on American soil, with narrow exceptions, makes you American.The Fine Print:Fourteenth Amendment, Section 1: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."8 U.S.C. § 1401(a): "The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof."Primary Cases:United States v. Wong Kim Ark (1898): U.S.-born child of Chinese immigrant parents obtained citizenship at birth; the Citizenship Clause enshrines the common-law rule of birthright citizenship.Elk v. Wilkins (1884): Tribal Indians born on American soil lacked citizenship because they owed allegiance to their tribes—a sovereign-to-sovereign exception inapplicable to ordinary immigrants.Timestamps:00:01:11: United States Opening Statement00:03:14: United States Free for All Questions00:27:47: United States Round Robin Questions01:09:57: Barbara Opening Statement01:12:46: Barbara Free for All Questions01:41:51: Barbara Round Robin Questions02:06:10: United States Rebuttal

Pitchford v. Cain | Case No. 24-7351 | Docket Link: Here | Argument: 3/31/26Overview: Death row inmate Terry Pitchford argues prosecutor Doug Evans deliberately excluded Black jurors in his 2006 capital murder trial and that no court ever fairly examined that claim because Mississippi's courts called it forfeited.Question Presented: Whether Mississippi's courts unreasonably declared forfeited a racial jury-selection challenge the trial court itself blocked.Posture: Fifth Circuit affirmed denial of federal habeas relief; Supreme Court granted certiorari.Oral Advocates:Petitioner (Pitchford): Joseph Perkovich of Phillips BlackRespondent (Cain): Scott Stewart, Mississippi's Solicitor GeneralUnited States (as Amicus Curiae): Emily M. Ferguson, Assistant to the Solicitor General, Department of JusticeMain Arguments:Pitchford: (1) Three on-the-record Batson objections cannot constitute intentional waiver of a known constitutional right;(2) Mississippi wrongly blocked comparative juror analysis on appeal, contradicting Miller-El v. Dretke (2005) and Snyder v. Louisiana (2008);(3) Batson violations constitute structural error requiring automatic reversal.Mississippi: (1) Mississippi courts applied a lawful, long-standing rule requiring defendants to raise pretext arguments before the trial court or forfeit them; (2) Pitchford's own post-conviction filings admitted he failed to preserve the Batson record, and his trial attorney swore under oath she never raised those arguments; (3) The cert grant covers only the AEDPA waiver question — not the underlying Batson merits or the form of habeas relief.Implications:A Pitchford victory sends the case back to Mississippi courts for the first Batson Step Three examination in nineteen years — testing whether Evans's race-neutral explanations for striking four Black jurors amounted to pretext.A Mississippi victory leaves Pitchford on death row and establishes that AEDPA deference shields state forfeiture rulings even when trial courts themselves foreclosed the underlying challenge — chilling Batson enforcement at Step Three nationwide.The Fine Print:28 U.S.C. § 2254(d) (AEDPA): "An application for a writ of habeas corpus...shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law...or resulted in a decision that was based on an unreasonable determination of the facts."U.S. Const. amend. XIV, § 1: "No State shall...deny to any person within its jurisdiction the equal protection of the laws."Primary Cases:Batson v. Kentucky (1986): The Equal Protection Clause prohibits prosecutors from exercising peremptory strikes to exclude jurors on the basis of race; courts must assess purposeful discrimination through a three-step inquiry.Flowers v. Mississippi (2019): Courts must consider a prosecutor's history of racially discriminatory strikes in assessing a Batson challenge; the same prosecutor Doug Evans removed 41 of 42 Black jurors across six trials of Curtis Flowers before the Court reversed.Timestamps:[00:00:00] Argument Preview[00:01:07] Oral Advocates[00:01:21] Argument Begins[00:01:29] Pitchford Opening Statement[00:03:49] Pitchford Free for All Questions[00:28:09] Pitchford Round Robin Questions[00:54:35] Cain Opening Statement[00:56:46] Cain Free for All Questions[01:15:43] Cain Round Robin Questions[01:34:48] United States Opening Statement[01:35:51] United States Free for All Questions[01:45:22] United States Round Robin Questions[01:48:42] Pitchford Rebuttal

Jules v. Andre Balazs Properties | Case No. 25-83 | Docket Link: Here | Argument: 3/30/26Overview: A former hotel security guard lost his arbitration entirely, then argued the federal court he originally chose lacked power to confirm the award — forcing the Court to resolve when federal courts retain post-arbitration jurisdiction.Question Presented: When a federal court pauses a lawsuit for arbitration, does it keep the power to confirm or throw out the arbitration result — even without independent jurisdictional grounds.Posture: S.D.N.Y. confirmed award; Second Circuit affirmed; Supreme Court granted cert on the jurisdictional question.Main Arguments:Jules (Petitioner): (1) FAA Section 8 expressly grants "retain jurisdiction" language for maritime cases only — Congress deliberately omitted it from Sections 9 and 10; (2) Badgerow v. Walters (2022) forecloses jurisdiction because the confirm-or-vacate application lacks any independent federal basis on its face; (3) the jurisdictional-anchor theory incentivizes pointless federal lawsuits, directly undermining the FAA's purpose of keeping arbitrable disputes out of courtBalazs Respondents: (1) 28 U.S.C. § 1367's supplemental jurisdiction statute — enacted separately from the FAA — grants courts power over all related claims in the same pending case, no new jurisdictional basis needed; (2) Badgerow addressed only freestanding new post-arbitration lawsuits, not pending federal cases already vested with original jurisdiction; (3) Jules's theory forces two simultaneous court tracks — federal appeal of the pre-arbitration order plus state-court post-arbitration proceedings — creating procedural chaos Congress never endorsedImplications: A Jules victory forces winning arbitration parties to re-file in state court, pay new fees, re-serve defendants, and educate a new court from scratch — benefiting recalcitrant defendants. A respondents' victory preserves the rule in seven circuits: one court, one proceeding, one appeal resolves the entire dispute, giving businesses and employees certainty about where arbitration enforcement lands.The Fine Print:FAA Section 8, 9 U.S.C. § 8: "the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to enter its decree upon the award"28 U.S.C. § 1367(a): "in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III"Primary Cases:Badgerow v. Walters (2022): Federal courts cannot use a "look-through" method to establish jurisdiction over FAA Section 9 and 10 applications — the application itself must reveal an independent jurisdictional basisCortez Byrd Chips, Inc. v. Bill Harbert Construction Co. (2000): The court with power to stay an action under FAA Section 3 holds the further power to confirm any ensuing arbitration awardOral Advocates:Jules (Petitioner): Adam G. Unikowsky of Jenner and Block. Andre Balazs (Respondents): Daniel L. Geyser of Haynes and Boone, LLPTimestamps:[00:01:25] Argument Begins[00:01:32] Jules Opening Statement[00:03:03] Jules Free for All Questions[00:26:40] Jules Round Robin Questions[00:32:42] Balazs Opening Statement[00:34:05] Balazs Free for All Questions[00:51:56] Balazs Round Robin Questions[00:52:08] Jules Rebuttal

Abouammo v. United States | Case No. 25-5146 | Docket Link: Here | Argument: 3/30/36Question Presented: Whether venue lies in a district where no offense conduct occurred, so long as the statute's intent element contemplates effects that could occur there.Overview: Ahmad Abouammo created a fake invoice in his Seattle home during an FBI interview, then emailed it to San Francisco agents. The Court now decides whether prosecutors can try document falsification where the targeted investigation sits, not where the defendant acted.Posture: Ninth Circuit upheld Northern District of California venue; Supreme Court granted certiorari December 2025.Oral Advocates:Petitioner (Abouammo): Tobias Loss-Eaton of Sidley AustinRespondent (United States): Anthony A. Yang, Assistant to the Solicitor General, Department of Justice.Main Arguments:Abouammo: (1) Venue tracks the offense's essential conduct elements — falsification occurred entirely in Seattle;(2) Intent elements cannot anchor venue because mental state does not constitute conduct;(3) The Founders embedded the vicinage right twice in the Constitution specifically to reject effects-based prosecutionUnited States: (1) The Constitution permits venue where a crime's effects are intentionally directed and felt, not just where the defendant stood;(2) Section 1519 defines an inchoate offense — like conspiracy — and the targeted investigation's location forms part of the crime's commission;(3) Even under Abouammo's own theory, emailing the fake PDF to San Francisco created a duplicate falsified record there, independently satisfying venueImplications: Abouammo victory anchors venue to a person's physical location, giving protection against distant prosecution. On the other hand, it hamstrings prosecutors from bringing digital obstruction crimes that reflects today's technology realities. Government victory allows prosecution in the district of any targeted investigation, giving federal prosecutors broad forum-selection power for any obstruction-related offense nationwide.The Fine Print:18 U.S.C. § 1519: "Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States . . . shall be fined under this title, imprisoned not more than 20 years, or both."U.S. Const. Amend. VI: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law."Primary Cases:United States v. Cabrales (1998): Venue tracks the location of the specific prohibited conduct — not collateral circumstances; money laundering in Florida could not face trial in Missouri simply because the underlying drug proceeds originated there.Ford v. United States (1927): Acts done outside a jurisdiction but intended to produce and producing detrimental effects within it warrant prosecuting the defendant as if present at the effect — the foundational intent-and-effects venue principle.Timestamps:[00:00:00] Argument Preview[00:01:12] Argument Begins[00:01:21] Abouammo Opening Statement[00:03:30] Abouammo Free for All Questions[00:26:27] Abouammo Round Robin Questions[00:33:40] United States Opening Statement[00:35:54] United States Free for All Questions[01:04:34] United States Round Robin Questions[01:13:58] Abouammo Rebuttal

Rico v. United States | Case No. 24-1056 | Argument: 11/3/25 | Decided: 3/25/26 Link to Docket: Here.Question Presented: Whether the Sentencing Reform Act authorizes courts to automatically extend a defendant's supervised release term when the defendant absconds.Overview: Federal courts split on whether a defendant's disappearance during supervised release automatically pushes back the expiration date — a question affecting thousands of federal defendants nationwide.Posture: Ninth Circuit affirmed district court's use of post-expiration drug offense as supervised release violation.Holding: The Sentencing Reform Act of 1984 does not authorize courts to automatically extend a defendant's term of supervised release simply because the defendant runs away. The law sets firm end dates for supervision. Congress must amend the law before courts can extend deadlines if a defendant runs away.Voting Breakdown: 8-1. Justice Gorsuch wrote the majority opinion, joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson. Justice Alito filed a dissenting opinion.Result: Reversed and remanded.Link to Opinion: Here.Majority Reasoning: (1) The Sentencing Reform Act sets firm start and end dates for supervised release and supplies no automatic extension rule if a defendant runs away (i.e. absconds); (2) Congress already equipped courts with specific tools to address absconders — revocation, re-imprisonment, and post-expiration revocation via warrant — making the omission of automatic extension intentional; (3) The Act's only true tolling rule pauses supervised release during incarceration of 30 or more consecutive days, and courts cannot invent a second one.Separate Opinions:Justice Alito (dissenting): The majority never needed to reach the tolling question. The district court could lawfully consider Rico's January 2022 drug offense as a Section 3553(a) sentencing factor — rendering any Guidelines-range error harmless. No error occurred.Implications: Federal prosecutors and probation officers must now secure a warrant or summons before a supervised release term expires to preserve revocation authority over post-expiration violations. Defendants sentenced under the now-rejected Ninth and Fourth Circuit automatic-extension rule may challenge those sentences. Congress faces pressure to revisit the warrant-or-summons requirement in late-term abscondment cases. Courts nationwide now apply a single uniform rule: abscondment alone does not extend a supervised release term.Oral Advocates:For Petitioner: Adam G. Unikowsky, Washington, D.C.For Respondent: Joshua K. Handell, Assistant to the Solicitor General, Department of Justice, Washington, D.C.The Fine Print:18 U.S.C. § 3624(e): "The term of supervised release commences on the day the person is released from imprisonment... A term of supervised release does not run during any period in which the person is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than 30 consecutive days."18 U.S.C. § 3583(i): "The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment... extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such violation."Primary Cases:Mont v. United States (2019): Section 3624(e)'s express terms suspend a defendant's supervised release clock during pre-trial state imprisonment — highlighting the absence of any comparable automatic extension rule for abscondment.United States v. Johnson (2000): Courts may not add a rule to the Sentencing Reform Act that Congress considered but chose not to enact.Timestamps:[00:00:00] Argument Overview[00:00:37] Argument Begins[00:00:45] Petitioner Opening Statement[00:02:30] Petitioner Free for All Questions[00:24:20] Petitioner Sequential Questions[00:24:35] Respondent Opening Statement[00:26:25] Respondent Free for All Questions[00:52:15] Respondent Sequential Questions[00:52:20] Petitioner Rebuttal

Rico v. United States | Case No. 24-1056 | Argument: 11/3/25 | Decided: 3/25/26 Link to Docket: Here.Question Presented: Whether the Sentencing Reform Act authorizes courts to automatically extend a defendant's supervised release term when the defendant absconds.Overview: Federal courts split on whether a defendant's disappearance during supervised release automatically pushes back the expiration date — a question affecting thousands of federal defendants nationwide.Posture: Ninth Circuit affirmed district court's use of post-expiration drug offense as supervised release violation.Holding: The Sentencing Reform Act of 1984 does not authorize courts to automatically extend a defendant's term of supervised release simply because the defendant runs away. The law sets firm end dates for supervision. Congress must amend the law before courts can extend deadlines if a defendant runs away.Voting Breakdown: 8-1. Justice Gorsuch wrote the majority opinion, joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson. Justice Alito filed a dissenting opinion.Result: Reversed and remanded.Link to Opinion: Here.Majority Reasoning: (1) The Sentencing Reform Act sets firm start and end dates for supervised release and supplies no automatic extension rule if a defendant runs away (i.e. absconds); (2) Congress already equipped courts with specific tools to address absconders — revocation, re-imprisonment, and post-expiration revocation via warrant — making the omission of automatic extension intentional; (3) The Act's only true tolling rule pauses supervised release during incarceration of 30 or more consecutive days, and courts cannot invent a second one.Separate Opinions:Justice Alito (dissenting): The majority never needed to reach the tolling question. The district court could lawfully consider Rico's January 2022 drug offense as a Section 3553(a) sentencing factor — rendering any Guidelines-range error harmless. No error occurred.Implications: Federal prosecutors and probation officers must now secure a warrant or summons before a supervised release term expires to preserve revocation authority over post-expiration violations. Defendants sentenced under the now-rejected Ninth and Fourth Circuit automatic-extension rule may challenge those sentences. Congress faces pressure to revisit the warrant-or-summons requirement in late-term abscondment cases. Courts nationwide now apply a single uniform rule: abscondment alone does not extend a supervised release term.Oral Advocates:For Petitioner: Adam G. Unikowsky, Washington, D.C.For Respondent: Joshua K. Handell, Assistant to the Solicitor General, Department of Justice, Washington, D.C.The Fine Print:18 U.S.C. § 3624(e): "The term of supervised release commences on the day the person is released from imprisonment... A term of supervised release does not run during any period in which the person is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than 30 consecutive days."18 U.S.C. § 3583(i): "The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment... extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such violation."Primary Cases:Mont v. United States (2019): Section 3624(e)'s express terms suspend a defendant's supervised release clock during pre-trial state imprisonment — highlighting the absence of any comparable automatic extension rule for abscondment.United States v. Johnson (2000): Courts may not add a rule to the Sentencing Reform Act that Congress considered but chose not to enact.Timestamps:[00:00:00] Case Overview and Holding[00:00:52] Subscribe and Contact[00:01:14] Rico's Background and Supervised Release[00:02:07] Absconding and New Crimes[00:03:33] Lower Courts and Circuit Split[00:04:33] Supreme Court Question[00:05:07] Majority Textual Reasoning[00:07:03] Government Arguments Rejected[00:08:22] Decision and Remand[00:08:38] Alito's Dissent Explained[00:11:15] Practical Impact Nationwide[00:13:01] Wrap Up and Outro

Cox Communications, Inc. v. Sony Music Entertainment | Argument Date: 12/1/25 | Date Decided: 3/25/26Docket Link: HereQuestion Presented: Whether an internet service provider bears contributory copyright liability for continuing to serve subscribers it knows infringe copyrights.Overview: Major copyright owners sought to hold Cox Communications liable for its subscribers' music piracy after Cox received over 163,000 infringement notices and terminated only 32 subscribers, producing a $1 billion jury verdict.Posture: Fourth Circuit affirmed contributory liability; Supreme Court granted certiorari and reversed.Holding: Internet service provider Cox Communications neither induced its users’ infringement of copyrighted works nor provided a service tailored to infringement, and accordingly Cox is not contributorily liable for the infringement of Sony’s copyrights.Majority Reasoning: (1) Contributory copyright liability requires proof of intent — meaning the provider either actively induced infringement or designed its service specifically for infringing use; (2) mere knowledge that subscribers commit infringement, without inducement or tailored design, cannot establish the required intent; (3) Cox neither promoted infringement nor tailored its internet service exclusively for copyright theft, and internet access plainly serves vast legitimate purposes.Separate Opinions:Justice Sotomayor (concurring in judgment, joined by Justice Jackson): Agreed Cox cannot bear liability on these facts but criticized the majority for unnecessarily foreclosing common-law aiding-and-abetting liability; argued Cox lacked the specific individual knowledge of infringers that aiding-and-abetting doctrine demands, and warned the majority's rule renders the DMCA safe-harbor provision obsolete.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Thomas wrote the majority opinion joined by Chief Justice Roberts and Justices Alito, Kagan, Gorsuch, Kavanaugh, and Barrett. Justice Sotomayor filed an opinion concurring in the judgment only, joined by Justice Jackson.Link to Opinion: Here.Oral Advocates:For Petitioner (Cox Communications): Joshua Rosenkranz, New York, N.Y.For United States as Amicus Curiae: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.For Respondent (Sony): Paul D. Clement, Alexandria, Va.Implications: Internet service providers nationwide no longer face contributory copyright liability merely for serving subscribers they know infringe copyrights. Rights holders lose a major litigation weapon against ISPs and must pursue individual infringers directly or seek legislative reform. ISPs now face no realistic legal pressure to enforce infringement policies. Justice Sotomayor's concurrence preserves a theoretical path for future plaintiffs with specific individual-level infringement evidence under an aiding-and-abetting theory.The Fine Print:17 U.S.C. § 501(a): "Anyone who violates any of the exclusive rights of the copyright owner . . . is an infringer of the copyright."17 U.S.C. § 512(i)(1)(A): Internet service providers qualify for secondary liability protection only if they implement "a policy that provides for the termination in appropriate circumstances of subscribers and account holders" who "are repeated infringers."Primary Cases:Sony Corp. of America v. Universal City Studios, Inc. (1984): Sale of the Betamax VCR to the public did not constitute contributory copyright infringement because the device served substantial legitimate noninfringing uses.Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. (2005): File-sharing software companies bore contributory copyright liability because they actively marketed their software as a tool for copyright theft and built their business model around infringing use.Timestamps:[00:00] Oral Argument Introduction[01:28] Oral Argument Begins[01:36] Petitioner Opening Statement[03:37] Petitioner Free for All Questions[19:25] Petitioner Round Robin Questions[41:21] United States as Amicus Curiae Opening Statement[42:25] Amicus Curiae Free for All Questions[51:39] Amicus Curaie Round Robin Questions[01:01:23] Respondent Opening Statement[01:03:44] Respondent Free for All Questions[01:31:48] Respondent Round Robin Questions[01:39:19] Petitioner Rebuttal

Cox Communications, Inc. v. Sony Music Entertainment | Argument Date: 12/1/25 | Date Decided: 3/25/26Question Presented: Whether an internet service provider bears contributory copyright liability for continuing to serve subscribers it knows infringe copyrights.Overview: Major copyright owners sought to hold Cox Communications liable for its subscribers' music piracy after Cox received over 163,000 infringement notices and terminated only 32 subscribers, producing a $1 billion jury verdict.Posture: Fourth Circuit affirmed contributory liability; Supreme Court granted certiorari and reversed.Holding: Internet service provider Cox Communications neither induced its users’ infringement of copyrighted works nor provided a service tailored to infringement, and accordingly Cox is not contributorily liable for the infringement of Sony’s copyrights.Majority Reasoning: (1) Contributory copyright liability requires proof of intent — meaning the provider either actively induced infringement or designed its service specifically for infringing use; (2) mere knowledge that subscribers commit infringement, without inducement or tailored design, cannot establish the required intent; (3) Cox neither promoted infringement nor tailored its internet service exclusively for copyright theft, and internet access plainly serves vast legitimate purposes.Separate Opinions:Justice Sotomayor (concurring in judgment, joined by Justice Jackson): Agreed Cox cannot bear liability on these facts but criticized the majority for unnecessarily foreclosing common-law aiding-and-abetting liability; argued Cox lacked the specific individual knowledge of infringers that aiding-and-abetting doctrine demands, and warned the majority's rule renders the DMCA safe-harbor provision obsolete.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Thomas wrote the majority opinion joined by Chief Justice Roberts and Justices Alito, Kagan, Gorsuch, Kavanaugh, and Barrett. Justice Sotomayor filed an opinion concurring in the judgment only, joined by Justice Jackson.Link to Opinion: Here.Oral Advocates:For Petitioner (Cox Communications): Joshua Rosenkranz, New York, N.Y.For United States as Amicus Curiae: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.For Respondent (Sony): Paul D. Clement, Alexandria, Va.Implications: Internet service providers nationwide no longer face contributory copyright liability merely for serving subscribers they know infringe copyrights. Rights holders lose a major litigation weapon against ISPs and must pursue individual infringers directly or seek legislative reform. ISPs now face no realistic legal pressure to enforce infringement policies. Justice Sotomayor's concurrence preserves a theoretical path for future plaintiffs with specific individual-level infringement evidence under an aiding-and-abetting theory.The Fine Print:17 U.S.C. § 501(a): "Anyone who violates any of the exclusive rights of the copyright owner . . . is an infringer of the copyright."17 U.S.C. § 512(i)(1)(A): Internet service providers qualify for secondary liability protection only if they implement "a policy that provides for the termination in appropriate circumstances of subscribers and account holders" who "are repeated infringers."Primary Cases:Sony Corp. of America v. Universal City Studios, Inc. (1984): Sale of the Betamax VCR to the public did not constitute contributory copyright infringement because the device served substantial legitimate noninfringing uses.Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. (2005): File-sharing software companies bore contributory copyright liability because they actively marketed their software as a tool for copyright theft and built their business model around infringing use.

Flower Foods, Inc. v. Brock | Case No. 24-935 | Docket Link: Here | Argument: 3/25/26Question Presented: Whether last-mile delivery drivers who never cross state lines qualify as transportation workers "engaged in interstate commerce" under FAA Section 1.Overview: Flowers Foods required its Colorado bread delivery driver, Angelo Brock, to arbitrate wage disputes. Brock never crossed a state line. The Court must decide whether the 1925 FAA's transportation worker exemption covers last-mile drivers.Posture: D. Colo. denied arbitration; Tenth Circuit affirmed; four-circuit split prompted cert grant.Oral Advocates:For Petitioner (Flowers Food): Traci L. Lovett of Jones DayFor Respondent (Brock): Jennifer Bennett of Gupta WesslerMain Arguments:Flowers Foods (Petitioner): (1) Section 1 covers only workers who directly and actively move goods across state or international borders;(2) historical 1925 labor schemes excluded purely local intrastate workers;(3) the Tenth Circuit's multi-factor test turns simple arbitration threshold questions into costly mini-trialsAngelo Brock (Respondent): (1) century of Supreme Court precedent defined last-mile workers finishing an interstate goods journey as "engaged in interstate commerce";(2) seamen and railroad employees in 1925 included last-mile workers who never crossed a border;(3) Flowers argued its last-mile drivers qualify as interstate workers under the Motor Carrier Act — and won — directly contradicting its position hereImplications: A Flowers win strips court access from last-mile drivers at FedEx, UPS, Amazon Logistics, and the U.S. Postal Service — forcing employment disputes into private arbitration and shielding company labor practices from judicial review. A Brock win preserves court access for workers serving more than 170 million delivery addresses and anchors a century of interstate commerce precedent in the modern gig economy.The Fine Print:9 U.S.C. § 1: "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce"9 U.S.C. § 2: "A written provision in any...contract evidencing a transaction involving commerce to settle by arbitration a controversy...shall be valid, irrevocable, and enforceable"Primary Cases:Southwest Airlines Co. v. Saxon (2022): Transportation workers must play a direct and necessary role in the free flow of goods across borders to qualify for the FAA Section 1 exemptionBissonnette v. LePage Bakeries Park St., LLC (2024): Transportation workers need not work for a transportation industry company to qualify for Section 1, but must actively engage in transporting goods across bordersTimestamps:[00:00:00] Argument Preview[00:01:02] Argument Begins[00:01:08] Flowers Food Opening Statement[00:03:21] Flowers Food Free for All Questions[00:27:30] Flowers Food Round Robin Questions[00:32:08] Brock Opening Statement[00:34:35] Brock Free for All Questions[01:05:32] Brock Round Robin Questions[01:14:23] Flowers Food Rebuttal

Noem v. Al Otro Lado | Case No. 25-5 | Docket Link: Here | Oral Argument: 3/24/26Question Presented: Whether noncitizens stopped on Mexican soil "arrive in the United States" triggering mandatory inspection and asylum-processing requirements.Overview: Border control challenge determines whether immigration officers can block asylum seekers at ports of entry before statutory protections attach, or whether federal law requires processing anyone who presents themselves at the border.Posture: Ninth Circuit affirmed district court; fifteen judges dissented from denial of rehearing en banc.Oral Advocates:Petitioners (Noem, et al.): Vivek Suri, Assistant to the Solicitor General, Department of JusticeRespondents (Al Otro Lado): Kelsi B. Corkran of the the of Institute for Constitutional Advocacy and ProtectionMain Arguments:Government (Petitioner): (1) Plain meaning of "arrives in" requires physical territorial entry—Greeks outside Troy's walls did not "arrive in" Troy; (2) Section 1225's inspection, detention, and removal procedures require U.S. presence—officers cannot inspect people standing in Mexico; (3) Presumption against extraterritoriality and Sale precedent confirm statutes apply only within U.S. territory.Asylum Seekers (Respondent): (1) "Arrives in the United States" encompasses presentation at ports of entry to avoid rendering phrase redundant with "physically present"; (2) Congress enacted provisions to implement non-refoulement treaty obligations prohibiting return of refugees to persecution; (3) Government regulations for decades defined "arriving alien" as someone "attempting to come" into the United States at ports of entry.Implications: Government victory preserves Executive Branch authority to manage border surges through metering, allowing officers to control entry timing at ports during capacity constraints. Asylum seeker victory requires immediate inspection and processing for anyone reaching ports of entry regardless of resources, potentially forcing facility entry to comply with statutory mandates.The Fine Print:8 U.S.C. § 1158(a)(1): "Any alien who is physically present in the United States or who arrives in the United States...may apply for asylum"8 U.S.C. § 1225(a)(1) and (a)(3): "An alien present in the United States who has not been admitted or who arrives in the United States...shall be deemed...an applicant for admission" who "shall be inspected by immigration officers"Primary Cases:Sale v. Haitian Centers Council, Inc. (1993): Presumption against extraterritoriality bars applying immigration statutes to refugees interdicted at sea before reaching U.S. territory; statutes apply only within United States.DHS v. Thuraissigiam (2020): Arriving aliens physically on U.S. soil remain treated as stopped at the boundary line without having effected entry; arrival and admission constitute distinct legal statuses.Timestamps:[00:00:00] Argument Preview[00:01:23] Argument Begins[00:01:29] United States Opening Statement[00:02:40] United States Free for All Questions[00:27:04] United States Round Robin Questions[00:40:34] Al Otro Lado Opening Statement[00:42:52] Al Otro Lado Free for All Questions[01:10:56] Al Otro Lado Round Robin Questions[01:18:32] United States Rebuttal

Keathley v. Buddy Ayers Construction, Inc. | Case No. 25-6 | Docket Link: Here | Argument: 3/24/26Overview: Fifth Circuit's mechanical judicial estoppel rule bars claims entirely when bankruptcy filers fail to timely disclose lawsuits, creating circuit split over whether courts must consider all circumstances or presume bad faith from potential motive alone.Question Presented: Whether courts can bar a person's lawsuit if that person filed for bankruptcy and forgot to tell the bankruptcy court about the lawsuit?Posture: Under rigid estoppel rule, district court and Fifth Circuit dismissed Keathley's lawsuit.Oral Advocates:Petitioner (Keathley): Gregory G. Garre of Latham and WatkinsUnited States (as Amicus Curiae Supporting Vacatur): Frederick Liu, Assistant to the Solicitor General, Department of JusticeRespondent (Buddy Ayers Construction): William M. Jay of Goodwin ProctorMain Arguments:Petitioner Keathley:(1) Courts must examine all circumstances, not presume bad intent automatically(2) Estoppel punishes deliberate manipulation, not honest mistakes or simple confusion(3) Rule rewards wrongdoers, harms innocent debtors, contradicts bankruptcy's fresh-start promiseRespondent Ayers Construction:(1) Estoppel requires objective inconsistency, not proof of subjective bad intent(2) Mistake exception covers only objective errors, not every non-malicious explanation(3) Seventeen-factor test creates unworkable trials, eliminates deterrence, guts disclosure requirementsUnited States (supporting Keathley):(1) Equity requires holistic assessment including bankruptcy-specific factors, not mechanical presumptions(2) Bankruptcy courts' firsthand findings deserve weight when assessing debtor intent(3) Fifth Circuit's restricted inquiry ignores relevant evidence, contradicts equitable principlesImplications:Keathley victory: courts examine full circumstances before blocking lawsuits. Ayers victory: automatic blocking regardless of honest mistakes or creditor harm.The Fine Print:11 U.S.C. § 521(a)(1)(B)(i): "The debtor shall file a schedule of assets and liabilities"Federal Rule of Bankruptcy Procedure 1009(a): "A voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed"Primary Cases:New Hampshire v. Maine (2001): Estoppel targets deliberate manipulation, not inadvertence or honest mistakesHolland v. Florida (2010): Equity demands flexible judgments, not rigid mechanical rulesTimestamps:[00:00:00] Argument Preview[00:01:18] Argument Begins[00:01:26] Keathley Opening Statement[00:03:33] Keathley Free for All Questions[00:18:46] Keathley Round Robin Questions[00:33:09] United States Opening Statement[00:34:28] United States Free for All Questions[00:42:11] United States Round Robin Questions[00:47:24] Buddy Ayers Opening Statement[00:49:27] Buddy Ayers Free for All Questions[01:09:04] Buddy Ayers Round Robin Questions[01:09:13] Keathley Rebuttal

Watson v. Republican National Committee (RNC) | Case No. 24-1260 | Docket Link: Here | Argument: 3/23/26Question Presented: Whether federal election-day statutes preempt state laws allowing ballots cast by election day to arrive after that day.Overview: Mississippi allows mail ballots postmarked by election day to count if received within five business days after. Republicans challenge this under federal statutes setting election day, raising fundamental questions about mail voting nationwide.Posture: District court upheld Mississippi law; Fifth Circuit reversed unanimously; Supreme Court granted certiorari November 2025.Oral Advocates:Petitioner (Mississippi): Scott Stewart, Mississippi’s Solicitor GeneralRespondent (RNC): Paul D. Clement of Clement and MurphyUnited States (as Amicus Curiae in Support of Respondent): D. John Sauer, United States Solicitor GeneralMain Arguments:Petitioner (Mississippi): (1) "Election" means voters' conclusive choice when casting ballots, not officials' receipt afterward; (2) Counting lawfully occurs post-election day, so receipt can too; (3) Nearly thirty states permit post-election receipt; invalidating these laws disenfranchises military voters protected under UOCAVA.Respondents (RNC): (1) "Election" means state's public process of selecting officers, concluding when officials close ballot box and receive final ballots; (2) Every Civil War-era soldier-voting law required election-day receipt despite early voting; (3) UOCAVA creates narrow exception proving baseline rule requires election-day receipt.Implications: Petitioner victory preserves mail-ballot practices in nearly thirty states and protects military voters relying on extended receipt deadlines under federal law. Respondent victory requires states to receive all ballots by election day, potentially disenfranchising voters facing mail delays and invalidating extended military-ballot protections, forcing nationwide restructuring of absentee voting systems before next federal election.The Fine Print:2 U.S.C. § 7: "The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress"Mississippi Code § 23-15-637(1)(a): Mail ballots "postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election" count toward final talliesPrimary Cases:Foster v. Love (1997): Federal election-day statutes mandate holding all elections for Congress and Presidency on single day throughout Union; Louisiana's open-primary system allowing October final selection violated federal requirement.Republican National Committee v. Democratic National Committee (2020): Court recognized ballot "casting" as fundamental to elections; reversed district court decision permitting voters to mail ballots after election day during pandemic.Timestamps:[00:00:00] Argument Preview[00:01:02] Argument Begins[00:01:13] Watson Opening Statement[00:03:10] Watson Free for All Questions[00:27:07] Watson Round Robin Questions[00:56:51] RNC Opening Statement[00:59:02] RNC Free for All Questions[01:17:29] RNC Round Robin Questions[01:51:58] United States Opening Statement[01:52:57] United States Free for All Questions[02:02:11] United States Round Robin Questions[02:05:17] Watson Rebuttal

Olivier v. City of Brandon | Sidewalk Sermon Suit over Section 1983 | Argument Date: 12/3/25 | Date Decided: 3/20/26In Olivier versus City of Brandon, Mississippi, the Supreme Court ruled unanimously that a person previously convicted under a law can still sue in federal court to stop that law's future enforcement. Justice Kagan wrote for the full Court. No concurrences. No dissents.Link to Docket: Here.Question Presented:Can someone who already received a criminal conviction under a law still sue in federal court to stop that law's future enforcement — or does a 1994 Supreme Court precedent called Heck versus Humphrey permanently close that door?Does Heck versus Humphrey block a federal civil rights lawsuit even when the person suing never had the ability to challenge their conviction through the normal imprisonment-challenge process — called habeas corpus — in the first place?Holding: 9-0. A person who previously received a criminal conviction under a law can still sue in federal court to stop that law's future enforcement. Rationale: Olivier sought future relief — not to undo his conviction.Heck targets backward-looking attacks on convictions, not forward-looking injunctions.Wooley versus Maynard already resolved this question in 1977.Result: Reversed.Voting Breakdown: Justice Kagan delivered the opinion for a unanimous Court. No concurrences. No dissents.Link to Opinion: Here.Oral Advocates:For Petitioner (Olivier): Allyson N. Ho, Dallas, TX. For United States (as Amicus Curiae) in Support of Vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice. For Respondents (City of Brandon): G. Todd Butler, Flowood, MS argued for Respondents.

Trump v. Barbara | Case No. 25-365 | Docket Link: Here | Argument: 4/1/26Question Presented: Does the Executive Order denying birthright citizenship to children of undocumented or temporary-visa mothers comply with the Fourteenth Amendment's Citizenship Clause?Overview: President Trump's Executive Order attempts to redefine birthright citizenship, challenging 150 years of constitutional understanding that birth on American soil—with narrow exceptions—creates citizenship.Posture: District court enjoined Order; First Circuit unanimously affirmed; Supreme Court granted certiorari before judgment.Main Arguments: Government: (1) "Subject to the jurisdiction" requires complete political allegiance, not mere obedience to law; (2) Founding-era commentators excluded children of "transient aliens" from birthright citizenship; (3) Wong Kim Ark addressed only domiciled aliens—temporary visitors and undocumented immigrants fall outside that holding.Families: (1) English common law granted citizenship based on birth, not parentage—the Framers enshrined that rule; (2) Wong Kim Ark specifically rejected any domicile requirement, holding temporary visitors fall under U.S. jurisdiction; (3) 8 U.S.C. § 1401(a) independently guarantees citizenship based on prevailing 1940 understanding.Implications: Government victory transforms citizenship from a birthright into a privilege contingent on parental immigration status—potentially questioning the citizenship of millions born to immigrant parents over generations. Family victory preserves 150-year constitutional bedrock: birth on American soil, with narrow exceptions, makes you American.The Fine Print: Fourteenth Amendment, Section 1: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." 8 U.S.C. § 1401(a): "The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof."Primary Cases: United States v. Wong Kim Ark (1898): U.S.-born child of Chinese immigrant parents obtained citizenship at birth; the Citizenship Clause enshrines the common-law rule of birthright citizenship. Elk v. Wilkins (1884): Tribal Indians born on American soil lacked citizenship because they owed allegiance to their tribes—a sovereign-to-sovereign exception inapplicable to ordinary immigrants.

Pitchford v. Cain | Case No. 24-7351 | Docket Link: Here | Argument: 3/31/26Overview: Death row inmate Terry Pitchford argues prosecutor Doug Evans deliberately excluded Black jurors in his 2006 capital murder trial and that no court ever fairly examined that claim because Mississippi's courts called it forfeited.Question Presented: Whether Mississippi's courts unreasonably declared forfeited a racial jury-selection challenge the trial court itself blocked.Posture: Fifth Circuit affirmed denial of federal habeas relief; Supreme Court granted certiorari.Main Arguments:Pitchford: (1) Three on-the-record Batson objections cannot constitute intentional waiver of a known constitutional right;(2) Mississippi wrongly blocked comparative juror analysis on appeal, contradicting Miller-El v. Dretke (2005) and Snyder v. Louisiana (2008);(3) Batson violations constitute structural error requiring automatic reversal.Mississippi: (1) Mississippi courts applied a lawful, long-standing rule requiring defendants to raise pretext arguments before the trial court or forfeit them; (2) Pitchford's own post-conviction filings admitted he failed to preserve the Batson record, and his trial attorney swore under oath she never raised those arguments; (3) The cert grant covers only the AEDPA waiver question — not the underlying Batson merits or the form of habeas relief.Implications:A Pitchford victory sends the case back to Mississippi courts for the first Batson Step Three examination in nineteen years — testing whether Evans's race-neutral explanations for striking four Black jurors amounted to pretext.A Mississippi victory leaves Pitchford on death row and establishes that AEDPA deference shields state forfeiture rulings even when trial courts themselves foreclosed the underlying challenge — chilling Batson enforcement at Step Three nationwide.The Fine Print:28 U.S.C. § 2254(d) (AEDPA): "An application for a writ of habeas corpus...shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law...or resulted in a decision that was based on an unreasonable determination of the facts."U.S. Const. amend. XIV, § 1: "No State shall...deny to any person within its jurisdiction the equal protection of the laws."Primary Cases:Batson v. Kentucky (1986): The Equal Protection Clause prohibits prosecutors from exercising peremptory strikes to exclude jurors on the basis of race; courts must assess purposeful discrimination through a three-step inquiry.Flowers v. Mississippi (2019): Courts must consider a prosecutor's history of racially discriminatory strikes in assessing a Batson challenge; the same prosecutor Doug Evans removed 41 of 42 Black jurors across six trials of Curtis Flowers before the Court reversed.

Jules v. Andre Balazs Properties | Case No. 25-83 | Docket Link: Here | Argument: 3/30/26Overview: A former hotel security guard lost his arbitration entirely, then argued the federal court he originally chose lacked power to confirm the award — forcing the Court to resolve when federal courts retain post-arbitration jurisdiction.Question Presented: When a federal court pauses a lawsuit for arbitration, does it keep the power to confirm or throw out the arbitration result — even without independent jurisdictional grounds.Posture: S.D.N.Y. confirmed award; Second Circuit affirmed; Supreme Court granted cert on the jurisdictional question.Main Arguments:Jules (Petitioner): (1) FAA Section 8 expressly grants "retain jurisdiction" language for maritime cases only — Congress deliberately omitted it from Sections 9 and 10; (2) Badgerow v. Walters (2022) forecloses jurisdiction because the confirm-or-vacate application lacks any independent federal basis on its face; (3) the jurisdictional-anchor theory incentivizes pointless federal lawsuits, directly undermining the FAA's purpose of keeping arbitrable disputes out of courtBalazs Respondents: (1) 28 U.S.C. § 1367's supplemental jurisdiction statute — enacted separately from the FAA — grants courts power over all related claims in the same pending case, no new jurisdictional basis needed; (2) Badgerow addressed only freestanding new post-arbitration lawsuits, not pending federal cases already vested with original jurisdiction; (3) Jules's theory forces two simultaneous court tracks — federal appeal of the pre-arbitration order plus state-court post-arbitration proceedings — creating procedural chaos Congress never endorsedImplications: A Jules victory forces winning arbitration parties to re-file in state court, pay new fees, re-serve defendants, and educate a new court from scratch — benefiting recalcitrant defendants. A respondents' victory preserves the rule in seven circuits: one court, one proceeding, one appeal resolves the entire dispute, giving businesses and employees certainty about where arbitration enforcement lands.The Fine Print:FAA Section 8, 9 U.S.C. § 8: "the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to enter its decree upon the award"28 U.S.C. § 1367(a): "in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III"Primary Cases:Badgerow v. Walters (2022): Federal courts cannot use a "look-through" method to establish jurisdiction over FAA Section 9 and 10 applications — the application itself must reveal an independent jurisdictional basisCortez Byrd Chips, Inc. v. Bill Harbert Construction Co. (2000): The court with power to stay an action under FAA Section 3 holds the further power to confirm any ensuing arbitration award

Abouammo v. United States | Case No. 25-5146 | Docket Link: Here | Argument: 3/30/36Question Presented: Whether venue lies in a district where no offense conduct occurred, so long as the statute's intent element contemplates effects that could occur there.Overview: Ahmad Abouammo created a fake invoice in his Seattle home during an FBI interview, then emailed it to San Francisco agents. The Court now decides whether prosecutors can try document falsification where the targeted investigation sits, not where the defendant acted.Posture: Ninth Circuit upheld Northern District of California venue; Supreme Court granted certiorari December 2025.Main Arguments:Abouammo: (1) Venue tracks the offense's essential conduct elements — falsification occurred entirely in Seattle; (2) Intent elements cannot anchor venue because mental state does not constitute conduct; (3) The Founders embedded the vicinage right twice in the Constitution specifically to reject effects-based prosecutionUnited States: (1) The Constitution permits venue where a crime's effects are intentionally directed and felt, not just where the defendant stood; (2) Section 1519 defines an inchoate offense — like conspiracy — and the targeted investigation's location forms part of the crime's commission; (3) Even under Abouammo's own theory, emailing the fake PDF to San Francisco created a duplicate falsified record there, independently satisfying venueImplications: Abouammo victory anchors venue to a person's physical location, giving protection against distant prosecution. On the other hand, it hamstrings prosecutors from bringing digital obstruction crimes that reflects today's technology realities. Government victory allows prosecution in the district of any targeted investigation, giving federal prosecutors broad forum-selection power for any obstruction-related offense nationwide.The Fine Print:18 U.S.C. § 1519: "Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States . . . shall be fined under this title, imprisoned not more than 20 years, or both."U.S. Const. Amend. VI: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law."Primary Cases:United States v. Cabrales (1998): Venue tracks the location of the specific prohibited conduct — not collateral circumstances; money laundering in Florida could not face trial in Missouri simply because the underlying drug proceeds originated there.Ford v. United States (1927): Acts done outside a jurisdiction but intended to produce and producing detrimental effects within it warrant prosecuting the defendant as if present at the effect — the foundational intent-and-effects venue principle.

Flower Foods, Inc. v. Brock | Case No. 24-935 | Docket Link: Here | Argument: 3/25/26Question Presented: Whether last-mile delivery drivers who never cross state lines qualify as transportation workers "engaged in interstate commerce" under FAA Section 1.Overview: Flowers Foods required its Colorado bread delivery driver, Angelo Brock, to arbitrate wage disputes. Brock never crossed a state line. The Court must decide whether the 1925 FAA's transportation worker exemption covers last-mile drivers.Posture: D. Colo. denied arbitration; Tenth Circuit affirmed; four-circuit split prompted cert grant.Main Arguments:Flowers Foods (Petitioner): (1) Section 1 covers only workers who directly and actively move goods across state or international borders;(2) historical 1925 labor schemes excluded purely local intrastate workers;(3) the Tenth Circuit's multi-factor test turns simple arbitration threshold questions into costly mini-trialsAngelo Brock (Respondent): (1) century of Supreme Court precedent defined last-mile workers finishing an interstate goods journey as "engaged in interstate commerce";(2) seamen and railroad employees in 1925 included last-mile workers who never crossed a border;(3) Flowers argued its last-mile drivers qualify as interstate workers under the Motor Carrier Act — and won — directly contradicting its position hereImplications: A Flowers win strips court access from last-mile drivers at FedEx, UPS, Amazon Logistics, and the U.S. Postal Service — forcing employment disputes into private arbitration and shielding company labor practices from judicial review. A Brock win preserves court access for workers serving more than 170 million delivery addresses and anchors a century of interstate commerce precedent in the modern gig economy.The Fine Print:9 U.S.C. § 1: "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce"9 U.S.C. § 2: "A written provision in any...contract evidencing a transaction involving commerce to settle by arbitration a controversy...shall be valid, irrevocable, and enforceable"Primary Cases:Southwest Airlines Co. v. Saxon (2022): Transportation workers must play a direct and necessary role in the free flow of goods across borders to qualify for the FAA Section 1 exemptionBissonnette v. LePage Bakeries Park St., LLC (2024): Transportation workers need not work for a transportation industry company to qualify for Section 1, but must actively engage in transporting goods across borders

Keathley v. Buddy Ayers Construction, Inc. | Case No. 25-6 | Docket Link: Here | Argument: 3/24/26 Overview: Fifth Circuit's mechanical judicial estoppel rule bars claims entirely when bankruptcy filers fail to timely disclose lawsuits, creating circuit split over whether courts must consider all circumstances or presume bad faith from potential motive alone.Question Presented: Whether courts can bar a person's lawsuit if that person filed for bankruptcy and forgot to tell the bankruptcy court about the lawsuit?Posture: Under rigid estoppel rule, district court and Fifth Circuit dismissed Keathley's lawsuit.Main Arguments:Petitioner Keathley:(1) Courts must examine all circumstances, not presume bad intent automatically(2) Estoppel punishes deliberate manipulation, not honest mistakes or simple confusion(3) Rule rewards wrongdoers, harms innocent debtors, contradicts bankruptcy's fresh-start promiseRespondent Ayers Construction:(1) Estoppel requires objective inconsistency, not proof of subjective bad intent(2) Mistake exception covers only objective errors, not every non-malicious explanation(3) Seventeen-factor test creates unworkable trials, eliminates deterrence, guts disclosure requirementsUnited States (supporting Keathley):(1) Equity requires holistic assessment including bankruptcy-specific factors, not mechanical presumptions(2) Bankruptcy courts' firsthand findings deserve weight when assessing debtor intent(3) Fifth Circuit's restricted inquiry ignores relevant evidence, contradicts equitable principlesImplications:Keathley victory: courts examine full circumstances before blocking lawsuits. Ayers victory: automatic blocking regardless of honest mistakes or creditor harm.The Fine Print:11 U.S.C. § 521(a)(1)(B)(i): "The debtor shall file a schedule of assets and liabilities"Federal Rule of Bankruptcy Procedure 1009(a): "A voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed"Primary Cases:New Hampshire v. Maine (2001): Estoppel targets deliberate manipulation, not inadvertence or honest mistakesHolland v. Florida (2010): Equity demands flexible judgments, not rigid mechanical rules

Noem v. Al Otro Lado | Case No. 25-5 | Docket Link: Here | Oral Argument: 3/24/26Question Presented: Whether noncitizens stopped on Mexican soil "arrive in the United States" triggering mandatory inspection and asylum-processing requirements.Overview: Border control challenge determines whether immigration officers can block asylum seekers at ports of entry before statutory protections attach, or whether federal law requires processing anyone who presents themselves at the border.Posture: Ninth Circuit affirmed district court; fifteen judges dissented from denial of rehearing en banc.Main Arguments:Government (Petitioner): (1) Plain meaning of "arrives in" requires physical territorial entry—Greeks outside Troy's walls did not "arrive in" Troy; (2) Section 1225's inspection, detention, and removal procedures require U.S. presence—officers cannot inspect people standing in Mexico; (3) Presumption against extraterritoriality and Sale precedent confirm statutes apply only within U.S. territory.Asylum Seekers (Respondent): (1) "Arrives in the United States" encompasses presentation at ports of entry to avoid rendering phrase redundant with "physically present"; (2) Congress enacted provisions to implement non-refoulement treaty obligations prohibiting return of refugees to persecution; (3) Government regulations for decades defined "arriving alien" as someone "attempting to come" into the United States at ports of entry.Implications: Government victory preserves Executive Branch authority to manage border surges through metering, allowing officers to control entry timing at ports during capacity constraints. Asylum seeker victory requires immediate inspection and processing for anyone reaching ports of entry regardless of resources, potentially forcing facility entry to comply with statutory mandates.The Fine Print:8 U.S.C. § 1158(a)(1): "Any alien who is physically present in the United States or who arrives in the United States...may apply for asylum"8 U.S.C. § 1225(a)(1) and (a)(3): "An alien present in the United States who has not been admitted or who arrives in the United States...shall be deemed...an applicant for admission" who "shall be inspected by immigration officers"Primary Cases:Sale v. Haitian Centers Council, Inc. (1993): Presumption against extraterritoriality bars applying immigration statutes to refugees interdicted at sea before reaching U.S. territory; statutes apply only within United States.DHS v. Thuraissigiam (2020): Arriving aliens physically on U.S. soil remain treated as stopped at the boundary line without having effected entry; arrival and admission constitute distinct legal statuses.

Watson v. Republican National Committee | Case No. 24-1260 | Docket Link: Here | Oral Argument: 3/23/26Question Presented: Whether federal election-day statutes preempt state laws allowing ballots cast by election day to arrive after that day.Overview: Mississippi allows mail ballots postmarked by election day to count if received within five business days after. Republicans challenge this under federal statutes setting election day, raising fundamental questions about mail voting nationwide.Posture: District court upheld Mississippi law; Fifth Circuit reversed unanimously; Supreme Court granted certiorari November 2025.Main Arguments:Petitioner (Mississippi): (1) "Election" means voters' conclusive choice when casting ballots, not officials' receipt afterward; (2) Counting lawfully occurs post-election day, so receipt can too; (3) Nearly thirty states permit post-election receipt; invalidating these laws disenfranchises military voters protected under UOCAVA.Respondents (RNC): (1) "Election" means state's public process of selecting officers, concluding when officials close ballot box and receive final ballots; (2) Every Civil War-era soldier-voting law required election-day receipt despite early voting; (3) UOCAVA creates narrow exception proving baseline rule requires election-day receipt.Implications: Petitioner victory preserves mail-ballot practices in nearly thirty states and protects military voters relying on extended receipt deadlines under federal law. Respondent victory requires states to receive all ballots by election day, potentially disenfranchising voters facing mail delays and invalidating extended military-ballot protections, forcing nationwide restructuring of absentee voting systems before next federal election.The Fine Print:2 U.S.C. § 7: "The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress"Mississippi Code § 23-15-637(1)(a): Mail ballots "postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election" count toward final talliesPrimary Cases:Foster v. Love (1997): Federal election-day statutes mandate holding all elections for Congress and Presidency on single day throughout Union; Louisiana's open-primary system allowing October final selection violated federal requirement.Republican National Committee v. Democratic National Committee (2020): Court recognized ballot "casting" as fundamental to elections; reversed district court decision permitting voters to mail ballots after election day during pandemic.

Montgomery v. Caribe Transport reaches far beyond one truck accident. The Supreme Court must answer a fundamental question: Does federal law shield freight brokers from state tort claims when they select a motor carrier that causes a catastrophic crash?Marc S. Blubaugh joins The High Court Report to break down this high-stakes case. Marc serves as Partner at Benesch Friedlander Coplan & Aronoff LLP and Counsel of Record for the Transportation Intermediaries Association — the trade group representing over 1,700 freight brokerage companies. He wrote the amicus brief Justice Kavanaugh cited by name and page number during oral argument.Marc explains the legal framework, then pulls back to reveal the full picture. The $343 billion freight brokerage industry operates on the premise that federal law — not state juries — determines which motor carriers may operate on America's roads. But plaintiffs' lawyers now name brokers in virtually every major truck accident case, threatening to reshape who enters the market and how efficiently America's supply chain runs.The stakes cut both directions. Injured parties deserve recourse when dangerous carriers cause catastrophic accidents. Marc walks through why petitioner's counsel argues an 80,000-pound truck sits at the center of every negligent hiring claim — and why the safety exception exists precisely to preserve that theory.A broker victory brings certainty and supply chain efficiency. A petitioner victory turns brokers into federal safety inspectors without the tools to do the job. The Court's reasoning will define preemption fights in the transportation industry for years.Listen to the full March 4, 2026 oral argument: Here.Listen to The High Court Report case preview: Here.Connect with Marc Blubaugh on LinkedIn: Here.Connect with Marc Blubaugh at Benesch Law: Here.Fine Print• §14501(c)(1): Preempts state laws "related to a price, route, or service" of interstate brokers• §14501(c)(2)(A): Preserves state authority to regulate safety "with respect to motor vehicles"• §14501(b)(1): Preempts state laws "relating to intrastate rates, routes, or services" of brokersTimestamps:[00:00:00] Episode Preview[00:00:40] Guest Introduction[00:01:57] 60 Second Takeaway from Oral Arguments[00:09:04] Logistics Ecosystem[00:10:35] What Brokers Do[00:10:53] Broker Licensing Basics[00:11:04] Motor Carriers Explained[00:11:27] Drivers and Authority[00:11:54] Consignee at Delivery[00:14:29] Legal Battle Over Liability[00:18:43] How the Arguments Unfolded at Oral Arguments[00:30:08] What Happens if Montgomery Wins? If the Brokers Win?[00:33:26] Wrap Up

Urias-Orellana v. Bondi | Date Decided: 3/4/26 | Oral Argument Date: 12/1/25 | Docket Link: HereQuestion Presented: Whether federal appeals courts must defer to immigration agency findings — or take a fresh, independent look — when deciding if an asylum seeker suffered persecution severe enough to qualify for protection.Overview: A Salvadoran family fled a hitman who shot two relatives, tracked them through four moves, and kept demanding money under threat of death — yet immigration judges still denied their asylum claim. The family lost at every level before reaching the Supreme Court, which took the case to settle a nationwide disagreement over how much power federal judges hold to second-guess immigration agencies on asylum decisions.Holding: The Supreme Court ruled unanimously that federal judges must defer to the agency — meaning they can only reverse when the evidence so overwhelmingly favors the asylum seeker that no reasonable person could rule against them.Result: Affirmed.Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous Court.Majority's Rationale: The Court's 1992 decision in INS v. Elias-Zacarias already required deferential review of the entire persecution determination, including its legal application. Congress codified that standard nearly verbatim when it enacted §1252(b)(4)(B) in 1996's IIRIRA amendments. IIRIRA's overall structure consistently narrowed federal court review of immigration decisions, making any expansion anomalous.Oral Advocates:For Petitioner (Urias-Orellana): For petitioners: Nicholas Rosellini, San Francisco, CAFor Respondent (United States): For respondent: Joshua Dos Santos, Assistant to the Solicitor General, Department of Justice, Washington, D.C.Link to Opinion: Here.The Fine Print:8 U.S.C. §1252(b)(4)(B): "the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary" — meaning agency decisions stand unless no reasonable person could agree with them.8 U.S.C. §1101(a)(42)(A): A "refugee" qualifies as someone "unable or unwilling to return" to their home country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion" — meaning the applicant must show targeted mistreatment tied to who they are or what they believe.Primary Cases:INS v. Elias-Zacarias (1992): To obtain judicial reversal of an agency persecution determination, an asylum applicant must show the evidence "so compelling that no reasonable factfinder could fail to find the requisite fear of persecution" — establishing substantial-evidence review for the entirety of the persecution inquiry.Nasrallah v. Barr (2020): §1252(b)(4)(B) prescribes a deferential "substantial-evidence standard" for review of agency factual findings in removal proceedings.

CSX Galette v. NJ Transit Corp. | Argument Date: 1/14/26 | Docket Link: Here Consolidated with CSX NJ Transit Corp. v. Colt | Argument Date: 1/14/26 | Docket Link: HereQuestion Presented: Whether the New Jersey Transit Corporation functions as an arm of the State of New Jersey for interstate sovereign immunity purposesOverview: NJ Transit claims sovereign immunity after bus injured passenger in Philadelphia, raising fundamental federalism questions about state power to extend constitutional immunity to state-created corporations while disclaiming their debts and liabilities.Posture: Pennsylvania Supreme Court reversed lower courts, holding NJ Transit qualifies as state arm based on statutory mission and structure.Holding: NJ Transit Corporation is not an arm of New Jersey and thus is not entitled to share in New Jersey’s interstate sovereign immunity.Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous CourtMajority Reasoning: New Jersey structured NJ Transit as a legally separate corporation responsible for its own debts and judgments. The statutory firewall explicitly blocked state liability, and NJ Transit itself conceded New Jersey owed nothing on its obligations. Two hundred years of precedent confirm that state-created corporations carrying their own debts do not qualify as state arms.Result: Affirmed (24–1113); Reversed (24–1021)Link to Opinion: Here.Oral Advocates:For Petitioner (New Jersey Transit Corp.): Michael Zuckerman, Deputy Solicitor General, Trenton, New Jersey.For Respondents (Galette and Colt): Michael Kimberly, Washington, D.C.The Fine Print:• N.J. Stat. § 27:25-17: "All expenses incurred by the corporation in carrying out the provisions of this act shall be payable from funds available to the corporation...No debt or liability of the corporation shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the State"• Eleventh Amendment: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State"Primary Cases:• Hess v. Port Authority Trans-Hudson Corp. (1994): Treasury factor constitutes "most salient factor" that "homes in on the impetus for the Eleventh Amendment: the prevention of federal-court judgments that must be paid out of a State's treasury"; when evidence on structure and control factors appears mixed, treasury factor becomes dispositive• Bank of United States v. Planters' Bank of Georgia (1824): When government becomes partner in trading company, it "devests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen"; corporate form precluded sovereign immunity regardless of state ownership or control

Urias-Orellana v. Bondi | Date Decided: 3/4/26 | Oral Argument Date: 12/1/25 | Docket Link: HereQuestion Presented: Whether federal appeals courts must defer to immigration agency findings — or take a fresh, independent look — when deciding if an asylum seeker suffered persecution severe enough to qualify for protection.Overview: A Salvadoran family fled a hitman who shot two relatives, tracked them through four moves, and kept demanding money under threat of death — yet immigration judges still denied their asylum claim. The family lost at every level before reaching the Supreme Court, which took the case to settle a nationwide disagreement over how much power federal judges hold to second-guess immigration agencies on asylum decisions.Holding: The Supreme Court ruled unanimously that federal judges must defer to the agency — meaning they can only reverse when the evidence so overwhelmingly favors the asylum seeker that no reasonable person could rule against them.Result: Affirmed.Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous Court.Majority's Rationale: The Court's 1992 decision in INS v. Elias-Zacarias already required deferential review of the entire persecution determination, including its legal application. Congress codified that standard nearly verbatim when it enacted §1252(b)(4)(B) in 1996's IIRIRA amendments. IIRIRA's overall structure consistently narrowed federal court review of immigration decisions, making any expansion anomalous.Oral Advocates:For Petitioner (Urias-Orellana): For petitioners: Nicholas Rosellini, San Francisco, CAFor Respondent (United States): For respondent: Joshua Dos Santos, Assistant to the Solicitor General, Department of Justice, Washington, D.C.Link to Opinion: Here.The Fine Print:8 U.S.C. §1252(b)(4)(B): "the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary" — meaning agency decisions stand unless no reasonable person could agree with them.8 U.S.C. §1101(a)(42)(A): A "refugee" qualifies as someone "unable or unwilling to return" to their home country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion" — meaning the applicant must show targeted mistreatment tied to who they are or what they believe.Primary Cases:INS v. Elias-Zacarias (1992): To obtain judicial reversal of an agency persecution determination, an asylum applicant must show the evidence "so compelling that no reasonable factfinder could fail to find the requisite fear of persecution" — establishing substantial-evidence review for the entirety of the persecution inquiry.Nasrallah v. Barr (2020): §1252(b)(4)(B) prescribes a deferential "substantial-evidence standard" for review of agency factual findings in removal proceedings.

CSX Galette v. NJ Transit Corp. | Argument Date: 1/14/26 | Docket Link: Here Consolidated with CSX NJ Transit Corp. v. Colt | Argument Date: 1/14/26 | Docket Link: HereQuestion Presented: Whether the New Jersey Transit Corporation functions as an arm of the State of New Jersey for interstate sovereign immunity purposesOverview: NJ Transit claims sovereign immunity after bus injured passenger in Philadelphia, raising fundamental federalism questions about state power to extend constitutional immunity to state-created corporations while disclaiming their debts and liabilities.Posture: Pennsylvania Supreme Court reversed lower courts, holding NJ Transit qualifies as state arm based on statutory mission and structure.Holding: NJ Transit Corporation is not an arm of New Jersey and thus is not entitled to share in New Jersey’s interstate sovereign immunity.Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous CourtMajority Reasoning: New Jersey structured NJ Transit as a legally separate corporation responsible for its own debts and judgments. The statutory firewall explicitly blocked state liability, and NJ Transit itself conceded New Jersey owed nothing on its obligations. Two hundred years of precedent confirm that state-created corporations carrying their own debts do not qualify as state arms.Result: Affirmed (24–1113); Reversed (24–1021)Link to Opinion: Here.Oral Advocates:For Petitioner (New Jersey Transit Corp.): Michael Zuckerman, Deputy Solicitor General, Trenton, New Jersey.For Respondents (Galette and Colt): Michael Kimberly, Washington, D.C.The Fine Print:• N.J. Stat. § 27:25-17: "All expenses incurred by the corporation in carrying out the provisions of this act shall be payable from funds available to the corporation...No debt or liability of the corporation shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the State"• Eleventh Amendment: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State"Primary Cases:• Hess v. Port Authority Trans-Hudson Corp. (1994): Treasury factor constitutes "most salient factor" that "homes in on the impetus for the Eleventh Amendment: the prevention of federal-court judgments that must be paid out of a State's treasury"; when evidence on structure and control factors appears mixed, treasury factor becomes dispositive• Bank of United States v. Planters' Bank of Georgia (1824): When government becomes partner in trading company, it "devests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen"; corporate form precluded sovereign immunity regardless of state ownership or control

Dr. Adam Feldman called it before the Court released it. His 25-year dataset — 1,700+ cases — flagged the timing before anyone else caught on. The High Court Report sits down with Dr. Feldman to break down exactly what the numbers revealed.In this episode:Why 107 days and six separate opinions directly predict each other — and what that pattern means for the 48 cases still ahead.How one dataset predicted the Trump Tariff ruling's timing, complexity, and doctrinal fractures before the Court said a word.Why the Court now pushes more than half its rulings into June — and what Trump's emergency application surge does to that trend.Whether the Court's faster pace this term marks real change — or a one-year blip.About Dr. Adam Feldman:Founder of Empirical SCOTUS. Statistics Editor at SCOTUSblog. Head of legal analytics firm Empirilaw. J.D., UC Berkeley. Ph.D. in Political Science, USC. Post-doctoral fellow, Columbia Law School. Author of 15 peer-reviewed articles. Former trial lawyer.Reach Adam Feldman via:LinkedIn: Here;Empirical SCOTUS: Here;Legalytics: Here;Empirilaw: Here.Adam Feldman's Work:The Supreme Court’s Vanishing Fall Docket: How Decision Timing Has Transformed Since 2000 (Jan. 26, 2026), available at: https://legalytics.substack.com/p/the-supreme-courts-vanishing-fall?utm_source=publication-searchThe $133 Billion Question: Inside the Supreme Court’s Historic Tariff Case (Feb. 6, 2026), available at: https://legalytics.substack.com/p/the-133-billion-question-inside-the?utm_source=publication-search

Montgomery v. Caribe Transport II, LLC | Oral Argument: 3/4/2026 | Case No. 24-1238 | Docket Link: HereQuestion Presented: Whether the Federal Aviation Administration Authorization Act preempts state common-law tort claims against brokers for negligently selecting motor carriers or drivers whose vehicles subsequently cause accidents.Overview: Trucking broker liability case determines whether federal deregulation law blocks state tort claims for negligent hiring practices that result in highway accidents with severe injuries.Posture: Seventh Circuit affirmed preemption; Ninth Circuit rejected preemption; circuit split.Main Arguments:• Montgomery (Petitioner): (1) Federal safety exception explicitly preserves state tort claims against broker negligent selection; (2) Fair interpretation requires consistent broad reading of both preemption provision and safety exception; (3) Longstanding common law negligent hiring claims predate federal trucking regulation• C.H. Robinson/Caribe (Respondents): (1) Federal law preempts broadly any state regulation of broker services and selection decisions; (2) Safety exception applies narrowly only to direct motor vehicle operation regulation; (3) Comprehensive federal regulatory scheme provides adequate safety oversightImplications: Montgomery victory preserves state tort accountability for broker hiring decisions, incentivizing highway safety through market liability. Respondent victory eliminates broker accountability for negligent selection, potentially reducing safety screening while limiting victim compensation options for trucking accidents.The Fine Print:49 U.S.C. § 14501(c)(1): states may not enforce laws "related to a price, route, or service" of brokers "with respect to the transportation of property"49 U.S.C. § 14501(c)(2)(A): the preemption provision "shall not restrict the safety regulatory authority of a State with respect to motor vehicles"49 U.S.C. § 14501(b)(1): states may not enforce laws "relating to intrastate rates, intrastate routes, or intrastate services" of brokersPrimary Cases:• Dan's City Used Cars v. Pelkey (2013): Phrase "with respect to the transportation of property" in FAAAA preemption provision "massively limits" federal preemption scope, requiring direct connection to transportation services• Miller v. C.H. Robinson Worldwide (9th Cir. 2020): State negligent hiring claims against motor carrier brokers fall within FAAAA safety exception because they represent state authority to regulate safety through common-law tort claimsOral Advocates:For Petitioner (Montgomery): Paul D. Clement of Clement & Murphy, PLLC argues for Petitioner Montgomery.For Respondents (C.H. Robinson and Caribe Transport): Ted Boutrous of Gibson Dunn.For United States (as Amicus Curiae Supporting Caribe): Sopan Joshi, Assistant to the Solicitor General, U.S. Department of Justice.Timestamps:[00:00:00] Case Preview[00:00:53] Oral Advocates[00:01:09] Oral Argument Begins[00:01:17] Montgomery Opening Statement[00:03:15] Montgomery Free for All Questions[00:26:20] Montgomery Round Robin Questions[00:44:00] Caribe and Robinson Opening Statement[00:46:15] Caribe and Robinson Free for All Questions[01:04:17] Caribe and Robinson Round Robin Questions[01:09:37] United States Opening Statement[01:11:07] United States Free for All Questions[01:20:35] United States Round Robin Questions[01:36:19] Montgomery Rebuttal

Hunter v. United States | Oral Argument: 3/3/2026 | Case No. 24-1063 | Docket Link: HereOverview: Criminal defendant challenges mandatory medication condition after judge told him he could appeal despite signed appeal waiver, creating fundamental questions about plea agreement enforcement and judicial authorityQuestion Presented: Whether appeal waivers in plea agreements can only include exceptions for ineffective assistance claims and sentences exceeding statutory maximums, and whether judicial statements about appeal rights override written waiversOral Advocates:For Petitioner: Lisa S. Blatt of Williams & Connolly LLP argued for Petitioner Hunter.For Respondent: Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice, argued for Respondent United States.Posture: Fifth Circuit dismissed appeal citing two-exception rule; Supreme Court granted certiorariMain Arguments:• Hunter (Petitioner): (1) Contract law requires broader exceptions protecting reasonable expectations beyond two rigid categories; (2) Other circuits successfully recognize additional exceptions without creating chaos; (3) Judicial statements about appeal rights combined with government silence modify plea agreements• United States (Respondent): (1) Appeal waivers constitute binding contracts requiring enforcement according to written terms; (2) Appeal rights remain statutory rather than constitutional making waivers more enforceable; (3) Post-plea judicial misstatements cannot undermine knowing and voluntary waiversImplications: Hunter victory creates safety valve for extreme sentences but weakens prosecutorial bargaining power and plea agreement finality. Government victory cements nationwide enforcement of broad appeal waivers while potentially allowing constitutional violations without appellate oversight.The Fine Print:• Fifth Amendment: "No person shall be deprived of life, liberty, or property, without due process of law"• 18 U.S.C. § 3563(b)(9): Courts may require defendants "undergo available medical, psychiatric, or psychological treatment as specified by the court"Primary Cases:• Garza v. Idaho (2019): "No appeal waiver serves as an absolute bar to all appellate claims" because plea agreements function essentially as contracts subject to traditional defenses• United States v. Mezzanatto (1995): Even "most fundamental protections afforded by the Constitution" may be waived through knowing and voluntary agreements including plea bargainsTimestamps:[00:00:00] Oral Argument Preview[00:01:00] Oral Advocates[00:01:11] Oral Argument Begins[00:01:18] Hunter Opening Statement[00:03:10] Hunter Free for All Questions[00:27:27] Hunter Round Robin Questions[00:45:07] United States Opening Statement[00:46:54] Hunter Free for All Questions[01:15:22] United States Round Robin Questions[01:33:51] Hunter Rebuttal

Villarreal v. Texas | Case No. 24-557 | Oral Argument Date: 10/6/25 | Date Decided: 2/25/26OverviewDavid Villarreal took the witness stand as the sole defense witness in his Texas murder trial, testifying he stabbed the victim in self-defense.During his testimony, a scheduling conflict forced a 24-hour recess mid-direct examination.Before breaking, the trial judge ordered defense counsel not to "manage" Villarreal's ongoing testimony overnight while expressly permitting all other consultation, including strategy, sentencing, and plea discussions.The jury convicted Villarreal, and he received a 60-year sentence.The Supreme Court unanimously upheld the judge's order as a permissible balance between the Sixth Amendment right to counsel and the truth-seeking function of trial.Question Presented: Whether a trial judge may order defense counsel not to discuss a testifying defendant's ongoing testimony during a mid testimony overnight recess without violating the Sixth Amendment right to counsel.Holding: A qualified conferral order prohibiting only testimony management during a midtestimony overnight recess permissibly balances the Sixth Amendment right to counsel against the truth-seeking function of trial.Voting Breakdown: 9-0. Justice Jackson wrote the majority opinion joined by Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, and Barrett. Justice Alito filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgment joined by Justice Gorsuch.Result: Affirmed.Majority's Rationale: The constitutional line separating Geders and Perry runs on subject matter, not time — testimony coaching loses Sixth Amendment protection once a defendant takes the stand. Courts may restrict discussion of testimony for its own sake while leaving all other attorney-client consultation — strategy, plea negotiations, witness decisions — fully protected. The judge's order targeted only testimony management and left every other protected topic available to Villarreal and his counsel overnight.Alito Concurrence: A recess should not alter the baseline rule that juries hear a defendant's testimony in his own words without counsel's real-time coaching. Indirect attempts to shape testimony carry the same constitutional infirmity as direct ones, regardless of strategic framing. Counsel may advise a client to consider a plea because the trial looks rough, but may not tell the client to clean up specific mistakes from the stand.Thomas Concurrence in Judgment: The trial judge's order plainly survived under Geders and Perry without any need for new rules or expanded doctrine. The majority announced a new "incidental testimony" carve-out that Perry never recognized and that these facts never required. Perry endorsed orders categorically forbidding testimony discussion — the majority created a protection Perry specifically declined to establish.Oral Advocates:For Petitioner: Stuart Banner, Los Angeles, Cal.For Respondent: Andrew N. Warthen, Assistant Criminal District Attorney, San Antonio, Tex.; and Kevin J. Barber, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)Link to Opinion: Here.Link to Docket: HerePreview Episode: HereTimestamps:[00:00:00] Case Overview[00:01:59] Trial Scene Setup[00:03:15] Geders vs Perry[00:04:34] Content Based Line[00:07:36] Applying to Villarreal[00:08:13] Concurrences Split[00:08:32] Alito Sharpens Rule[00:10:34] Thomas Pushes Back[00:12:24] Nationwide Impact[00:13:43] Final Takeaways[00:14:37] Wrap Up and Subscribe

United States v. Hemani | Oral Argument: 3/2/2026 | Case No. 24-1234 | Docket Link: HereOverview: Constitutional challenge to federal law criminalizing firearm possession by marijuana users tests Supreme Court's new historical framework for gun regulations after millions potentially face prosecution.Question Presented: Whether 18 U.S.C. § 922(g)(3) violates the Second Amendment as applied to respondentPosture: Fifth Circuit granted summary affirmance dismissing prosecution; government appeals seeking reversal.Main Arguments:• Government (Petitioner): (1) Founding-era laws restricting "habitual drunkards" provide historical precedent supporting marijuana user disarmament; (2) Circuit courts split on constitutional analysis requiring Supreme Court intervention; (3) Section 925(c) relief process addresses constitutional concerns through administrative remedies• Hemani (Respondent): (1) Government's historical analogues fail Bruen-Rahimi "why" and "how" requirements for constitutional restrictions; (2) No genuine circuit split exists warranting Supreme Court review; (3) Administrative relief cannot cure fundamental constitutional violationsImplications:Government victory enables continued prosecution of millions combining legal state marijuana use with lawful firearm ownership, expanding congressional power over combined legal activities. Hemani victory requires narrow tailoring of federal gun restrictions, potentially invalidating broad categorical prohibitions lacking specific historical justification and forcing legislative reconsideration of drug user firearm restrictions.The Fine Print:• 18 U.S.C. § 922(g)(3): "It shall be unlawful for any person...who is an unlawful user of or addicted to any controlled substance...to...possess...any firearm"• Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"Primary Cases:• New York State Rifle & Pistol Ass'n v. Bruen (2022): Government must demonstrate historical tradition supporting firearm regulations through relevantly similar "why" and "how" justifications from founding era• United States v. Rahimi (2024): Historical analogues need not provide "historical twin" but must address comparable problems through similar regulatory approaches under constitutional analysisOral Advocates:For Petitioner (United States): Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice argues for Petitioner United States.For Respondent (Hemani): Erin Murphy of Clement & Murphy, PLLC argues for Respondent Hemani.Timestamps:[00:00:00] Case Preview[00:01:02] Oral Argument Begins[00:01:08] United States Opening Statement[00:03:09] United States Free for All Questions[00:26:14] United States Round Robin Questions[01:00:32] Hemani Opening Statement[01:02:37] Hemani Free for All Questions[01:31:01] Hemani Round Robin Questions[01:50:46] United States Rebuttal

Geo Group, Inc. v. Menocal | Case No. 24-758 | Oral Argument Date: 11/10/25 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in Geo Group versus Menocal, which examines whether derivative sovereign immunity creates a fast-pass to appeal. Detainees sue a private contractor running an ICE facility, claiming forced labor—the company says "the government told me to do it" and wants to skip straight to appeal after the trial court found that the contractor held no derivative sovereign immunity. Must government contractors face years of expensive, potentially politically-motivated litigation first, or can they appeal immediately?Oral Advocates:For Petitioner (GEO Group): Dominic E. Draye, Washington, D.C.For Respondent (Menocal): Jennifer D. Bennett, San Francisco, California.For United States as Amicus Curiae (Supporting Respondent): Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D.C.Holding: Parties cannot immediately appeal pretrial orders denying derivative sovereign immunity.Result: Affirmed.Voting Breakdown: Justice Kagan delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson joined, and in which Justice Thomas joined as to Parts I and III. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Alito filed an opinion concurring in the judgment.Link to Opinion: Here.

Hain Celestial Group, Inc. v. Palmquist | Date Decided: 2/24/26 | Oral Argument Date: 11/4/25 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in Hain Celestial Group versus Palmquist, a forum fight about when courts keep cases they never should have had. A Texas family sued two companies over their child's heavy metal poisoning from baby food—but after a federal court wrongly kicked out one defendant and ran a two-week trial, an appeals court said the case never belonged in federal court, forcing everyone back to square one.Questions Presented:Whether a district court's final judgment as to completely diverse parties must be vacated when an appellate court later determines that it erred by dismissing a non-diverse party at the time of removal.Whether a plaintiff may defeat diversity jurisdiction after removal by amending the complaint to add factual allegations that state a colorable claim against a nondiverse party when the complaint at the time of removal did not state such a claim.Holding: Because the federal trial court wrongly dismissed Whole Foods Market, the federal courts lacked jurisdiction to hear the case.Result: Affirmed.Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous Court. Justice Thomas filed a concurring opinion.Link to Opinion: Here.Oral Advocates:For Petitioner (Hain and Whole Foods): Sarah E. Harrington, Washington, D.C.For Respondent (Palmquist): Russell S. Post, Houston, Texas

United States v. Hemani reaches far beyond marijuana policy. This case forces the Supreme Court to answer a fundamental question: Can the government strip Second Amendment rights without clearly defining who loses them?Adeel Bashir joins The High Court Report to break down this high-stakes case. Adeel works as Federal Public and Community Defenders Sentencing Resource Counsel and defended numerous clients charged under this exact statute.Adeel explains the case from each angle then widens the lens. Controlled substances under federal law include Adderall, Xanax, cough medicine, and supplements common in gyms across America. Millions of Americans could fall within the statute's reach without ever knowing it.But the stakes cut both directions. The government argues that courts should defer to congressional judgment about which groups pose risks; a principle that, if accepted, preserves legislative flexibility to address evolving public safety concerns. Adeel walks through Congress' power to classify conduct as dangerous while noting that other prohibited-person categories may face similar challenges.Something must give. The Court's reasoning here will define Second Amendment battles for years. You don't want to miss this episode.Oral arguments take place Monday, March 2nd. To learn more about the case, check out The High Court Report case preview: Here.Connect with Adeel Bashir on LinkedIn: Here.

Postal Service v. Konan | Case No. 24-351 | Oral Argument Date: 10/8/25 | Opinion Date: 2/24/26OverviewToday we break down the February 24, 2026 Supreme Court opinion in United States Postal Service versus Konan. In a 5-4 decision, the Court ruled that the postal exception to the Federal Tort Claims Act shields the government even when postal workers deliberately refuse to deliver your mail—not just when they mess up accidentally.Justice Thomas wrote for the majority. Justice Sotomayor fired back with a sharp dissent, accusing the majority of handing the Postal Service blanket immunity that Congress never intended to give.Link to Docket: HereCase Preview: HereQuestion Presented: Whether a plaintiff can sue the postal service for intentional mail nondelivery where the statute at issue (the Federal Tort Claims Act) permits lawsuits for "loss", "miscarriage", and "negligent transmission".Holding: The United States retains sovereign immunity for claims arising out of the intentional nondelivery of mail because both “miscarriage” and “loss” of mail under the FTCA’s postal exception can occur as a result of the Postal Service’s intentional failure to deliver the mail.Result: Vacated.Voting Breakdown: 5-4. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Kavanaugh, and Barrett joined. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan, Gorsuch, and Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioner: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent: Easha Anand, Menlo Park, Ca.

Dr. Adam Feldman called it before the Court released it. His 25-year dataset — 1,700+ cases — flagged the timing before anyone else caught on. The High Court Report sits down with Dr. Feldman to break down exactly what the numbers revealed.In this episode:Why 107 days and six separate opinions directly predict each other — and what that pattern means for the 48 cases still ahead.How one dataset predicted the Trump Tariff ruling's timing, complexity, and doctrinal fractures before the Court said a word.Why the Court now pushes more than half its rulings into June — and what Trump's emergency application surge does to that trend.Whether the Court's faster pace this term marks real change — or a one-year blip.About Dr. Adam Feldman:Founder of Empirical SCOTUS. Statistics Editor at SCOTUSblog. Head of legal analytics firm Empirilaw. J.D., UC Berkeley. Ph.D. in Political Science, USC. Post-doctoral fellow, Columbia Law School. Author of 15 peer-reviewed articles. Former trial lawyer.Reach Adam Feldman via:LinkedIn: Here;Empirical SCOTUS: Here;Legalytics: Here;Empirilaw: Here.Adam Feldman's Work:The Supreme Court’s Vanishing Fall Docket: How Decision Timing Has Transformed Since 2000 (Jan. 26, 2026), available at: https://legalytics.substack.com/p/the-supreme-courts-vanishing-fall?utm_source=publication-searchThe $133 Billion Question: Inside the Supreme Court’s Historic Tariff Case (Feb. 6, 2026), available at: https://legalytics.substack.com/p/the-133-billion-question-inside-the?utm_source=publication-search

Enbridge Energy v. Nessel | Oral Argument: 2/24/2026 | Case No. 24-783 | Docket Link: Here |Overview: Pipeline company removes Michigan environmental lawsuit to federal court two years late, claiming extraordinary circumstances involving international treaty and state forum manipulation justify extending statutory deadline.Question Presented: Can federal may extend the 30-day removal deadline under 28 U.S.C. § 1446(b)(1) for extraordinary circumstances.Posture: District court allowed late removal; Sixth Circuit reversed and ordered remand to state court.Main Arguments:• Enbridge (Petitioner): (1) Equitable tolling presumption applies to all non-jurisdictional filing deadlines; (2) Congressional exceptions elsewhere don't preclude judicial flexibility here; (3) International treaty invocation and state forum manipulation create extraordinary circumstances• Nessel (Respondent): (1) Removal deadlines govern forum selection, not claim staleness; (2) Six express statutory exceptions rebut tolling presumption; (3) Strategic litigation choices don't constitute extraordinary circumstancesImplications: Enbridge victory expands defendant flexibility for late federal court access when genuine emergencies arise but risks encouraging strategic removal delays. Nessel victory enforces strict congressional deadlines and prevents removal manipulation but could bar federal jurisdiction even when international treaties or diplomatic relations face genuine threats. Middle-ground ruling might distinguish ordinary delays from cases involving actual foreign policy implications, creating specialized removal doctrine for international law contexts.The Fine Print:• 28 U.S.C. § 1446(b)(1): "The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading"• 1977 U.S.-Canada Transit Pipelines Treaty, Article II(1): "Each Party shall ensure that no public authority in its jurisdiction implements any measure that would have the effect of impeding, redirecting, redirecting or interfering with in any way the transmission of hydrocarbons in transit"Primary Cases:• Young v. United States (2002): Equitable tolling applies to statutory deadlines that "prescribe a period within which certain rights may be enforced" unless Congress clearly indicates otherwise• Arellano v. McDonough (2023): Detailed statutory exceptions within same provision rebut equitable tolling presumption; courts cannot add implied exceptions where Congress specified express onesOral Advocates:For Petitioners (Petitioners Enbridge Energy): John Bursch of Bursch Law PLLC.For Respondent (Nessel): Ann Sherman, Michigan's Solicitor General.Timestamps:[00:00:00] Oral Argument Preview[00:00:40] Argument Begins[00:00:51] Enbridge Opening Statement[00:02:46] Enbridge Free for All Questions[00:21:13] Enbridge Round Robin Questions[00:31:21] Nessel Opening Statement[00:33:22] Nessel Free for All Questions[00:55:18] Nessel Round Robin Questions[00:58:18] Enbridge Rebuttal

Havana Docks Corp. v. Royal Caribbean Cruises Ltd. | Oral Argument: 2/23/2026 | Case No. 24-983 | Docket Link: HereQuestion Presented: Whether Title III liability requires proving defendants trafficked in property plaintiff currently owns a claim to, or property plaintiff would own absent confiscation.Overview: Cuban property confiscation case challenges Eleventh Circuit's "counterfactual analysis" requiring proof of hypothetical property ownership, potentially gutting Congress's primary tool for pressuring hostile regimes.Posture: Eleventh Circuit reversed district court grant of summary judgment for petitioner.Main Arguments:• Havana Docks (Petitioner): (1) Statute creates liability when plaintiff "owns the claim," not hypothetical property ownership; (2) Cuba confiscated physical dock facilities, not abstract concession rights; (3) Narrow interpretation defeats congressional deterrence objectives• Cruise Lines (Respondent): (1) Property law requires respecting temporal limitations on original rights; (2) Concession excluded passenger services, preventing trafficking in cargo-only rights; (3) Congress balanced deterrence against property law principlesImplications: Havana Docks victory preserves congressional sanctions tool and reinforces meaningful private remedies against hostile regimes. Cruise lines victory creates roadmap for exploiting confiscated property through temporal limitations arguments, undermining deterrent effect and foreign policy objectives toward Cuba.The Fine Print:• 22 U.S.C. §6082(a)(1)(A): "Any person who traffics in property which the Cuban Government confiscated shall face liability to any United States national who owns the claim to such property"• 22 U.S.C. §6023(12)(A): "Property" includes "any present, future, or contingent right, security, or other interest therein, including any leasehold interest"Primary Cases:• Humphrey's Executor v. United States (1935): Congress can restrict presidential removal power for independent agencies through "for cause" requirements, establishing legislative authority over agency independence• United States v. Atlantic Research Corp. (2007): Courts reject interpretations that "reduce potential plaintiffs to almost zero, rendering statutory provisions a dead letter"Oral Advocates:For Petitioner (Havana Docks Corp.): Richard Klingler of Ellis George LLP.United States as Amicus Curiae: Aimee Brown, Assistant to the Solicitor General, U.S. Department of Justice.For Respondents (Royal Caribbean Cruises): Paul D. Clement of Clement & Murphy, PLLC.Timestamps:[00:00:00] Oral Argument Preview[00:01:02] Oral Argument Begins[00:01:12] Havana Docks Opening Statement[00:03:15] Havana Docks Free for All Questions[00:19:05] Havana Docks Round Robin Questions[00:36:46] United States Opening Statement[00:38:14] United States Free for All Questions[00:47:30] United States Round Robin Questions[00:57:21] Royal Caribbean Opening Statement[00:59:35] Royal Caribbean Free for All Questions[01:28:15] Royal Caribbean Round Robin Questions[01:30:23] Havana Docks Rebuttal

Exxon Mobil Corporation v. Corpora Cion Cimex, S.A. (Cuba) | Oral Argument: 2/23/26 | Case No. 24-699 | Docket Link: HereOverview: Constitutional challenge to D.C. Circuit decision dismissing lawsuit against Cuban state-owned companies operating stolen American oil facilities raises fundamental questions about congressional authority to override sovereign immunity for targeted foreign policy objectives.Question Presented: Whether Exxon Mobil can sue Cuban companies for seizing Exxon Mobil’s oil refineries and related property.Posture: D.C. District Court denied Cuban companies' motion to dismiss; D.C. Circuit reversed for lack of jurisdictionMain Arguments:• Exxon (Petitioner): (1) Title III's "any person" language including foreign instrumentalities effects clear immunity abrogation; (2) Congressional purpose requires Cuban government accountability without FSIA compliance; (3) Supreme Court precedent eliminates magic-words requirement for immunity waiver• Cimex (Respondent): (1) Kirtz distinction applies because FSIA creates restrictive immunity regime allowing suit progression; (2) Statutory harmonization principles permit Title III and FSIA coexistence without implied repeal; (3) Petitioner's interpretation creates subject-matter jurisdiction gapsImplications: Exxon victory enables $9 billion in Cuban expropriation claims while establishing congressional authority for targeted immunity abrogation. A Cimex victory preserves traditional sovereign immunity protections, requiring Americans to satisfy onerous FSIA exceptions for Cuban trafficking claims.The Fine Print:• Helms-Burton Act § 6082(a)(1): "Any person that traffics in property which was confiscated...shall be liable to any United States national who owns the claim to such property"• 22 U.S.C. § 6023(11): "'Person' means any person or entity, including any agency or instrumentality of a foreign state"Primary Cases:• Department of Agriculture Rural Development Rural Housing Service v. Kirtz (2024): Fair Credit Reporting Act abrogated federal sovereign immunity through "any person" language creating government liability; clear congressional intent overcomes immunity presumptions• Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (2023): Statutory immunity abrogation requires "unmistakably clear" congressional language; recognizing immunity would negate authorized cause of action entirelyOral Advocates:For Petitioner (Exxon Mobil): Morgan Ratner of Sullivan & Cromwell LLP argues for Petitioner Exxon Mobil.United States as Amicus Curiae: Curtis E. Gannon, Deputy Solicitor General, U.S. Department of Justice.For Respondents (Corporación Cimex): Jules Lobel, Pittsburgh, Pennsylvania.Link to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD.Timestamps:[00:00:00] Argument Preview[00:00:55] Oral Argument Begins[00:01:10] Exxon Mobil Opening Statement[00:03:23] Exxon Mobil Free for All Questions[00:18:48] Exxon Mobil Round Robin Questions[00:32:32] United States Opening Statement[00:33:51] United States Free for All Questions[00:42:54] United States Round Robin Questions[00:59:32] Corporacion Cimex Opening Statement[01:01:51] Corporacion Cimex Free for All Questions[01:28:01] Corporacion Cimex Round Robin Questions[01:30:24] Exxon Mobil Rebuttal

OverviewThis episode captures the most electrifying moments from the Supreme Court's November 2025 oral arguments in the consolidated Trump Tariff Cases—constitutional blockbusters that pit presidential emergency powers against Congress's exclusive authority to tax. These cases represent the most significant separation of powers challenge since the New Deal, with over $4 trillion in tariffs hanging in the balance.TIMESTAMPS[00:00:00] Episode Intro[00:01:16] Introduction to the Major Question Doctrine[00:01:16] Trump Tariff Cases Highlights[00:01:28] Common-Sense Interpretation and Historical Context[00:02:54] Debating Presidential Powers and Tariffs[00:03:54] Historical Precedents and Legal Interpretations[00:05:59] The Nixon Example and Its Significance[00:09:30] Legislative History and Statutory Interpretation[00:19:26] Nondelegation Principle and Constitutional Concerns[00:24:17] Congressional Delegation and Political Oversight[00:26:52] Historical Context of Presidential Tariff Authority[00:28:10] Legal Interpretations of 'Regulate Importation'[00:29:23] Debating the Scope of Presidential Powers[00:32:07] Judicial Review and Congressional Intent[00:33:15] Revenue-Raising vs. Embargoes[00:35:08] Nondelegation Doctrine and Emergency Powers[00:39:18] Clarifying the Nixon and Algonquin Precedents[00:41:42] Final Arguments and Hypotheticals[00:53:02] Episode Conclusion

Trump v. V.O.S. Selections, Inc., et al. | Oral Argument: November 5, 2025 | Case No. 25-250 | Docket Link: HereConsolidated with: Learning Resources, Inc. v. Trump | Case No. 24-1287 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in the Trump Tariff cases—Trump versus V.O.S. Selections and Learning Resources versus Trump—a constitutional clash over tariffs and separation of powers. President Trump put sweeping tariffs on trillions of dollars in imports using a 1977 emergency law that says he can "regulate" trade—but the law never mentions tariffs, duties, or taxes, and the Constitution gives only Congress the power to tax.Oral Advocates:For Petitioner (Federal Parties): D. John Sauer, Solicitor General, Department of Justice, Washington, D.C.For Respondent (Private Parties): Neal K. Katyal, Washington, D.C.For Respondent (State Parties): Benjamin N. Gutman, Solicitor General, Salem, OregonQuestion Presented: Whether the President can impose tariffs under IEEPA.Holding: IEEPA does not authorize the President to impose tariffs.Voting Breakdown: 6-3. Chief Justice Roberts announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–A–1, and II–B, in which Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson joined, and an opinion with respect to Parts II–A–2 and III, in which Justices Gorsuch and Barrett joined. Justice Gorsuch filed a concurring opinion. Justice Barrett filed a concurring opinion. Justice Kagan filed an opinion concurring in part and concurring in the judgment, in which Justices Sotomayor and Jackson joined. Justice Jackson filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed a dissenting opinion. Justice Kavanaugh filed a dissenting opinion, in which Justices Thomas and Alito joined.Reasoning:Majority (Chief Justice Roberts, joined by Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson)The Constitution gives Congress alone the power to tax, and tariffs represent a tax on imports. IEEPA's authority to "regulate importation" lets the President control, restrict, or block foreign transactions—but it never gave him power to reach into Americans' pockets by imposing taxes Congress never authorized.Gorsuch ConcurrenceThe major questions doctrine protects Congress's lawmaking power by requiring clear authorization before the President can claim extraordinary authority, and that principle traces back centuries through English and American law. When Congress wants to hand over its most fundamental power—the power to tax—it must speak clearly, and IEEPA's generic emergency language falls far short.Barrett ConcurrenceCourts interpret statutes using context and common sense, and any reasonable reader would expect Congress to make trillion-dollar tax policy decisions itself rather than hiding them in vague emergency language. The major questions doctrine simply reflects ordinary interpretation informed by constitutional structure—not some special thumb on the scale against executive power.Kagan Concurrence (joined by Justices Sotomayor and Jackson)No special doctrine needed here—"regulate" simply doesn't mean "tax" in any dictionary, any statute, or any universe where words retain their ordinary meaning. When Congress actually delegates tariff power, it uses words like "duty" and "surcharge" and imposes strict limits; IEEPA does none of that.Jackson ConcurrenceThe official congressional reports accompanying IEEPA describe the law as granting "freezing control" authority over foreign property—not power to tax imports. Courts should examine what Congress actually said it intended, not speculate about what makes sense to judges decades later.Kavanaugh Dissent (joined by Justices Thomas and Alito)Text, history, and precedent all confirm that "regulate importation" includes tariffs—President Nixon used identical language for worldwide tariffs in 1971, courts upheld it, and Congress copied that exact phrase into IEEPA six years later. The Court's decision extends the major questions doctrine into foreign affairs for the first time, potentially handcuffing future Presidents when America faces genuine emergencies requiring rapid trade responses.Thomas DissentThe Constitution only prevents Congress from delegating "core legislative power" over life, liberty, and property—but regulating foreign trade involves privileges the government grants, not fundamental rights it must protect. Congress can freely delegate tariff authority to the President, and it did so through IEEPA's broad emergency powers.Link to Opinion: Here.Oral Advocates:For Petitioner (Federal Parties): D. John Sauer, Solicitor General, Department of Justice, Washington, D.C.For Respondent (Private Parties): Neal K. Katyal, Washington, D.C.For Respondent (State Parties): Benjamin N. Gutman, Solicitor General, Salem, OregonTimestamps:[00:00:00] Episode Intro[00:05:13] Opinion by the Page Count[00:06:26] Tariff Timeline[00:07:55] Tariff Lawsuits[00:08:41] Roberts Majority Opinion[00:19:03] Gorsuch Concurring Opinion[00:20:42] Justice Barrett Concurring Opinion[00:21:57] Justice Kagan Concurring Opinion[00:23:25] Justice Jackson Concurring Opinion[00:24:36] Kavanaugh Dissenting Opinion[00:31:49] Justice Thomas Dissenting Opinion[00:33:17] Implications[00:36:28] Bottom Line

Oral Argument Re-Listen: Chiles v. Salazar | Can States Ban Therapists from Discussing Conversion Therapy?Link to Docket: HereCase Preview: Here Question Presented: Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause. In plain English, this case asks: Can states ban therapists from discussing conversion therapy?Oral Advocates:For Petitioner: James A. Campbell, Lansdowne, Va.For United States as Amicus Curiae: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.For Respondent: Shannon W. Stevenson, Colorado Solicitor GeneralTimestamps:[00:00:00] Case Preview[00:00:50] Argument Begins[00:00:57] Petitioner Opening Statement[00:02:46] Petitioner Free for All Questions[00:17:59] Petitioner Sequential Questions[00:27:48] United States Opening Statement[00:35:27] United States Sequential Questions[00:45:41] Respondent Opening Statement[01:09:00] Respondent Sequential Questions[01:22:28] Petitioner Rebuttal

Trump v. V.O.S. Selections, Inc., et al. | Oral Argument: November 5, 2025 | Case No. 25-250 | Docket Link: HereConsolidated with: Learning Resources, Inc. v. Trump | Case No. 24-1287 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in the Trump Tariff cases—Trump versus V.O.S. Selections and Learning Resources versus Trump—a constitutional clash over tariffs and separation of powers. President Trump put sweeping tariffs on trillions of dollars in imports using a 1977 emergency law that says he can "regulate" trade—but the law never mentions tariffs, duties, or taxes, and the Constitution gives only Congress the power to tax.Oral Advocates:For Petitioner (Federal Parties): D. John Sauer, Solicitor General, Department of Justice, Washington, D.C.For Respondent (Private Parties): Neal K. Katyal, Washington, D.C.For Respondent (State Parties): Benjamin N. Gutman, Solicitor General, Salem, OregonLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD.Timestamps:[00:00:00] Argument Overview[00:00:44] Argument Begins[00:00:56] Federal Parties Opening Statement[00:02:53] Federal Parties Free for All Questions[00:36:05] Federal Parties Sequential Questions[01:15:56] Private Parties Opening Statement[01:18:27] Private Parties Free for All Questions[01:36:30] Private Parties Sequential Questions[02:12:28] State Parties Opening Statement[02:13:28] State Parties Free for All Questions[02:33:00] State Parties Sequential Questions[02:35:40] Federal Parties Rebuttal

Montgomery v. Caribe Transport II, LLC | Oral Argument: 3/4/2026 | Case No. 24-1238 | Docket Link: HereQuestion Presented: Whether the Federal Aviation Administration Authorization Act preempts state common-law tort claims against brokers for negligently selecting motor carriers or drivers whose vehicles subsequently cause accidents.Overview: Trucking broker liability case determines whether federal deregulation law blocks state tort claims for negligent hiring practices that result in highway accidents with severe injuries.Posture: Seventh Circuit affirmed preemption; Ninth Circuit rejected preemption; circuit split.Main Arguments:• Montgomery (Petitioner): (1) Federal safety exception explicitly preserves state tort claims against broker negligent selection; (2) Fair interpretation requires consistent broad reading of both preemption provision and safety exception; (3) Longstanding common law negligent hiring claims predate federal trucking regulation• C.H. Robinson/Caribe (Respondents): (1) Federal law preempts broadly any state regulation of broker services and selection decisions; (2) Safety exception applies narrowly only to direct motor vehicle operation regulation; (3) Comprehensive federal regulatory scheme provides adequate safety oversightImplications: Montgomery victory preserves state tort accountability for broker hiring decisions, incentivizing highway safety through market liability. Respondent victory eliminates broker accountability for negligent selection, potentially reducing safety screening while limiting victim compensation options for trucking accidents.The Fine Print:• 49 U.S.C. § 14501(c)(1): "a State may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier...or any motor private carrier, broker, or freight forwarder with respect to the transportation of property"• 49 U.S.C. § 14501(c)(2)(A): the preemption provision "shall not restrict the safety regulatory authority of a State with respect to motor vehicles"Primary Cases:• Dan's City Used Cars v. Pelkey (2013): Phrase "with respect to the transportation of property" in FAAAA preemption provision "massively limits" federal preemption scope, requiring direct connection to transportation services• Miller v. C.H. Robinson Worldwide (9th Cir. 2020): State negligent hiring claims against motor carrier brokers fall within FAAAA safety exception because they represent state authority to regulate safety through common-law tort claims

Hunter v. United States | Oral Argument: 3/3/2026 | Case No. 24-1063 | Docket Link: HereOverview: Criminal defendant challenges mandatory medication condition after judge told him he could appeal despite signed appeal waiver, creating fundamental questions about plea agreement enforcement and judicial authorityQuestion Presented: Whether appeal waivers in plea agreements can only include exceptions for ineffective assistance claims and sentences exceeding statutory maximums, and whether judicial statements about appeal rights override written waiversPosture: Fifth Circuit dismissed appeal citing two-exception rule; Supreme Court granted certiorariMain Arguments:• Hunter (Petitioner): (1) Contract law requires broader exceptions protecting reasonable expectations beyond two rigid categories; (2) Other circuits successfully recognize additional exceptions without creating chaos; (3) Judicial statements about appeal rights combined with government silence modify plea agreements• United States (Respondent): (1) Appeal waivers constitute binding contracts requiring enforcement according to written terms; (2) Appeal rights remain statutory rather than constitutional making waivers more enforceable; (3) Post-plea judicial misstatements cannot undermine knowing and voluntary waiversImplications: Hunter victory creates safety valve for extreme sentences but weakens prosecutorial bargaining power and plea agreement finality. Government victory cements nationwide enforcement of broad appeal waivers while potentially allowing constitutional violations without appellate oversight.The Fine Print:• Fifth Amendment: "No person shall be deprived of life, liberty, or property, without due process of law"• 18 U.S.C. § 3563(b)(9): Courts may require defendants "undergo available medical, psychiatric, or psychological treatment as specified by the court"Primary Cases:• Garza v. Idaho (2019): "No appeal waiver serves as an absolute bar to all appellate claims" because plea agreements function essentially as contracts subject to traditional defenses• United States v. Mezzanatto (1995): Even "most fundamental protections afforded by the Constitution" may be waived through knowing and voluntary agreements including plea bargains

United States v. Hemani | Oral Argument: 3/2/2026 | Case No. 24-1234 | Docket Link: HereOverview: Constitutional challenge to federal law criminalizing firearm possession by marijuana users tests Supreme Court's new historical framework for gun regulations after millions potentially face prosecution.Question Presented: Whether 18 U.S.C. § 922(g)(3) violates the Second Amendment as applied to respondentPosture: Fifth Circuit granted summary affirmance dismissing prosecution; government appeals seeking reversal.Main Arguments:• Government (Petitioner): (1) Founding-era laws restricting "habitual drunkards" provide historical precedent supporting marijuana user disarmament; (2) Circuit courts split on constitutional analysis requiring Supreme Court intervention; (3) Section 925(c) relief process addresses constitutional concerns through administrative remedies• Hemani (Respondent): (1) Government's historical analogues fail Bruen-Rahimi "why" and "how" requirements for constitutional restrictions; (2) No genuine circuit split exists warranting Supreme Court review; (3) Administrative relief cannot cure fundamental constitutional violationsImplications:Government victory enables continued prosecution of millions combining legal state marijuana use with lawful firearm ownership, expanding congressional power over combined legal activities. Hemani victory requires narrow tailoring of federal gun restrictions, potentially invalidating broad categorical prohibitions lacking specific historical justification and forcing legislative reconsideration of drug user firearm restrictions.The Fine Print:• 18 U.S.C. § 922(g)(3): "It shall be unlawful for any person...who is an unlawful user of or addicted to any controlled substance...to...possess...any firearm"• Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"Primary Cases:• New York State Rifle & Pistol Ass'n v. Bruen (2022): Government must demonstrate historical tradition supporting firearm regulations through relevantly similar "why" and "how" justifications from founding era• United States v. Rahimi (2024): Historical analogues need not provide "historical twin" but must address comparable problems through similar regulatory approaches under constitutional analysis

OverviewThe Pung family lost their $194,400 home over a $2,242 tax bill — a tax bill they never owed. Isabella County auctioned the home for $76,000 and returned only $73,766. The family lost over $118,000 in home equity.Question: Can local governments pay a person their home’s auction price or their home’s fair market value when the government auctions the home at a foreclosure sale?Background: The Pung family lost $194,400 home over $2,242 tax bill they never owed. Isabella County auctioned the home, fetching $76,000. Pung family received only $73,766 back.Pung Argues: Counties must give fair market value as compensation when government takes property, not whatever an auction produces. Losing $118,000 over $2,242 creates grossly disproportionate punishment violating Eighth Amendment Excessive Fines Clause.Isabella County Argues: Just compensation means what someone pays at a free and fair auction. No penalty exists, the Pungs lost only difference between auction price and debt.Stakes: If Pung wins: Property owners get market value from forced home sales regardless of what a person pays at an auction. If Isabella County wins: property owners risk losing home equity over small, disputed, but unpaid property taxes.Oral Advocates:For Petitioner (Pung): Philip L. Ellison of Outside Legal Counsel PLC.United States as Amicus Curiae: Frederick Liu, Assistant to the Solicitor General, U.S. Department of Justice.For Respondent (Isabella County, Michigan): Matthew Nelson of Warner Norcross and Judd.Link to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD.Timestamps:[00:00:00] Oral Argument Preview[00:01:11] Oral Argument Begins[00:01:20] Pung Opening Statement[00:02:58] Pung Free for All Questions[00:26:21] Pung Round Robin Questions[00:51:09] United States Opening Statement[00:52:18] United States Free for All Questions[00:59:56] United States Round Robin Questions[01:19:40] Isabella County Opening Statement[01:21:46] Isabella County Free for All Questions[01:39:59] Isabella County Round Robin Questions[01:43:00] Pung Rebuttal

Enbridge Energy v. Nessel | Oral Argument: 2/24/2026 | Case No. 24-783 | Docket Link: Here |Overview: Pipeline company removes Michigan environmental lawsuit to federal court two years late, claiming extraordinary circumstances involving international treaty and state forum manipulation justify extending statutory deadline.Question Presented: Can federal may extend the 30-day removal deadline under 28 U.S.C. § 1446(b)(1) for extraordinary circumstances.Posture: District court allowed late removal; Sixth Circuit reversed and ordered remand to state court.Main Arguments:• Enbridge (Petitioner): (1) Equitable tolling presumption applies to all non-jurisdictional filing deadlines; (2) Congressional exceptions elsewhere don't preclude judicial flexibility here; (3) International treaty invocation and state forum manipulation create extraordinary circumstances• Nessel (Respondent): (1) Removal deadlines govern forum selection, not claim staleness; (2) Six express statutory exceptions rebut tolling presumption; (3) Strategic litigation choices don't constitute extraordinary circumstancesImplications: Enbridge victory expands defendant flexibility for late federal court access when genuine emergencies arise but risks encouraging strategic removal delays. Nessel victory enforces strict congressional deadlines and prevents removal manipulation but could bar federal jurisdiction even when international treaties or diplomatic relations face genuine threats. Middle-ground ruling might distinguish ordinary delays from cases involving actual foreign policy implications, creating specialized removal doctrine for international law contexts.The Fine Print:• 28 U.S.C. § 1446(b)(1): "The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading"• 1977 U.S.-Canada Transit Pipelines Treaty, Article II(1): "Each Party shall ensure that no public authority in its jurisdiction implements any measure that would have the effect of impeding, redirecting, redirecting or interfering with in any way the transmission of hydrocarbons in transit"Primary Cases:• Young v. United States (2002): Equitable tolling applies to statutory deadlines that "prescribe a period within which certain rights may be enforced" unless Congress clearly indicates otherwise• Arellano v. McDonough (2023): Detailed statutory exceptions within same provision rebut equitable tolling presumption; courts cannot add implied exceptions where Congress specified express ones

Havana Docks Corp. v. Royal Caribbean Cruises Ltd. | Oral Argument: 2/23/2026 | Case No. 24-983 | Docket Link: HereQuestion Presented: Whether Title III liability requires proving defendants trafficked in property plaintiff currently owns a claim to, or property plaintiff would own absent confiscation.Overview: Cuban property confiscation case challenges Eleventh Circuit's "counterfactual analysis" requiring proof of hypothetical property ownership, potentially gutting Congress's primary tool for pressuring hostile regimes.Posture: Eleventh Circuit reversed district court grant of summary judgment for petitioner.Main Arguments:• Havana Docks (Petitioner): (1) Statute creates liability when plaintiff "owns the claim," not hypothetical property ownership; (2) Cuba confiscated physical dock facilities, not abstract concession rights; (3) Narrow interpretation defeats congressional deterrence objectives• Cruise Lines (Respondent): (1) Property law requires respecting temporal limitations on original rights; (2) Concession excluded passenger services, preventing trafficking in cargo-only rights; (3) Congress balanced deterrence against property law principlesImplications: Havana Docks victory preserves congressional sanctions tool and reinforces meaningful private remedies against hostile regimes. Cruise lines victory creates roadmap for exploiting confiscated property through temporal limitations arguments, undermining deterrent effect and foreign policy objectives toward Cuba.The Fine Print:• 22 U.S.C. §6082(a)(1)(A): "Any person who traffics in property which the Cuban Government confiscated shall face liability to any United States national who owns the claim to such property"• 22 U.S.C. §6023(12)(A): "Property" includes "any present, future, or contingent right, security, or other interest therein, including any leasehold interest"Primary Cases:• Humphrey's Executor v. United States (1935): Congress can restrict presidential removal power for independent agencies through "for cause" requirements, establishing legislative authority over agency independence• United States v. Atlantic Research Corp. (2007): Courts reject interpretations that "reduce potential plaintiffs to almost zero, rendering statutory provisions a dead letter"

Exxon Mobil Corporation v. Corpora Cion Cimex, S.A. (Cuba) | Oral Argument: 2/23/26 | Case No. 24-699 | Docket Link: HereOverview: Constitutional challenge to D.C. Circuit decision dismissing lawsuit against Cuban state-owned companies operating stolen American oil facilities raises fundamental questions about congressional authority to override sovereign immunity for targeted foreign policy objectives.Question Presented: Whether Exxon Mobil can sue Cuban companies for seizing Exxon Mobil’s oil refineries and related property.Posture: D.C. District Court denied Cuban companies' motion to dismiss; D.C. Circuit reversed for lack of jurisdictionMain Arguments:• Exxon (Petitioner): (1) Title III's "any person" language including foreign instrumentalities effects clear immunity abrogation; (2) Congressional purpose requires Cuban government accountability without FSIA compliance; (3) Supreme Court precedent eliminates magic-words requirement for immunity waiver• Cimex (Respondent): (1) Kirtz distinction applies because FSIA creates restrictive immunity regime allowing suit progression; (2) Statutory harmonization principles permit Title III and FSIA coexistence without implied repeal; (3) Petitioner's interpretation creates subject-matter jurisdiction gapsImplications: Exxon victory enables $9 billion in Cuban expropriation claims while establishing congressional authority for targeted immunity abrogation. A Cimex victory preserves traditional sovereign immunity protections, requiring Americans to satisfy onerous FSIA exceptions for Cuban trafficking claims.The Fine Print:• Helms-Burton Act § 6082(a)(1): "Any person that traffics in property which was confiscated...shall be liable to any United States national who owns the claim to such property"• 22 U.S.C. § 6023(11): "'Person' means any person or entity, including any agency or instrumentality of a foreign state"Primary Cases:• Department of Agriculture Rural Development Rural Housing Service v. Kirtz (2024): Fair Credit Reporting Act abrogated federal sovereign immunity through "any person" language creating government liability; clear congressional intent overcomes immunity presumptions• Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (2023): Statutory immunity abrogation requires "unmistakably clear" congressional language; recognizing immunity would negate authorized cause of action entirely

Oral Advocates:For Petitioner (Wolford): Alan A. Beck, San Diego, California.For United States (as Amicus Curiae Supporting Petitioner): Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice argues.For Respondent (Lopez): Neal K. Katyal, Washington, D.C.Question Presented: Whether the Ninth Circuit erred in holding that Hawaii may presumptively prohibit concealed carry permit holders from carrying handguns on private property open to the public without property owner express permission.Overview: Post-Bruen constitutional challenge to Hawaii's affirmative-consent requirement for carrying firearms on private property open to public creates circuit split over intersection of Second Amendment rights and traditional property law principles.Posture: District court enjoined law; Ninth Circuit reversed, creating conflict with Second and Third Circuits.Main Arguments:• Petitioner: (1) Carrying firearms on private property open to public falls within Second Amendment's plain text protection; (2) Hawaii's presumptive prohibition effectively abolishes public carry rights through property law circumvention; (3) Colonial and Reconstruction-era scattered laws fail to establish sufficient historical tradition under Bruen framework• Respondent: (1) Second Amendment never protected armed entry onto private property without owner consent under English common law inheritance; (2) Hawaii's law vindicates fundamental property owners' right to exclude rather than restricting Second Amendment rights; (3) Multiple colonial and Reconstruction-era historical analogues constitute "dead ringers" supporting Hawaii's approach requiring express consentImplications: Petitioner victory establishes robust Second Amendment protection in privately-owned publicly-accessible spaces, potentially invalidating similar post-Bruen restrictions across multiple states and expanding public carry rights significantly. Respondent victory permits states to circumvent direct gun control restrictions through property law mechanisms, enabling broader firearms regulations while preserving traditional property rights and potentially creating complex patchwork of varying consent requirements across jurisdictions affecting everyday carry practices.The Fine Print:• H.R.S. § 134-9.5(b): "No person shall carry or possess a firearm on any private property unless that person has been given express authorization by the property owner or the owner's authorized agent through unambiguous written or verbal authorization or clear and conspicuous signage"• Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"Primary Cases:• NYSRPA v. Bruen (2022): Second Amendment protects individual right to carry handguns publicly for self-defense; government restrictions must demonstrate consistency with historical tradition of firearm regulation rather than interest-balancing approach• Cedar Point Nursery v. Hassid (2021): Property owners possess fundamental right to exclude others from their premises, constituting "one of the most treasured rights of property ownership" requiring government compensation for regulatory takingsLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Timestamps:[00:00:00] Argument Preview[00:01:24] Oral Argument Begins[00:01:34] Wolford Opening Statement[00:03:03] Wolford Free for All Questions[00:19:29] Wolford Round Robin Questions[00:33:22] United States Opening Statement[00:34:36] United States Free for All Questions[00:44:23] United States Round Robin Questions[01:07:53] Lopez Opening Statement[01:10:09] Lopez Free for All Questions[01:39:01] Lopez Round Robin Questions[01:51:14] Wolford Rebuttal

Oral Argument Re-Listen: Ellingburg v. United States | Case No. 24-482 | Oral Argument Date: 10/14/25Overview: Ellingburg committed a crime in 1996 before Congress enacted a new law requiring convicted defendants to pay restitution to victims. Courts later sentenced Ellingburg under this new law and ordered him to pay $7,567.25 - money he never paid. Ellingburg challenged this restitution order as unconstitutional retroactive punishment, arguing the government cannot apply new penalties to old crimes. The case forces the Supreme Court to determine whether victim restitution constitutes criminal punishment protected by the Constitution's ban on ex post facto laws.Link to Docket: HereCase Preview: HereQuestion Presented: Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.Oral Advocates:For Petitioner: Amy M. Saharia, Washington, D.C. argued for petitioner.For Respondent in Support of Vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice argued for respondent in support of vacatur.For Court-Appointed Amicus Curiae in Support of Judgment Below: John F. Bash, Austin, Texas.Holding: The Supreme Court held that restitution under the MVRA constitutes criminal punishment subject to Ex Post Facto Clause analysis.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Kavanaugh wrote the opinion for a unanimous Court. Justice Thomas filed a concurring opinion joined by Justice Gorsuch.Majority's Rationale: Congress explicitly labeled MVRA restitution as a "penalty" for criminal offenses imposed during sentencing alongside imprisonment and fines. The statute appears in the criminal code and requires courts to follow criminal procedure rules when ordering restitution. Defendants who refuse to pay face potential imprisonment for punishment and deterrence purposes, confirming the criminal nature.Concurring Rationale: Justice Thomas argued the Court should abandon its current twelve-factor test for determining criminal punishment. The original 1798 understanding of ex post facto laws protected against any retroactive government penalties for public wrongs. Modern courts should focus on whether laws impose coercive sanctions for offenses against government authority, regardless of civil labels.Link to Opinion: Here.Timestamps:[00:00:00] Argument Preview[00:00:58] Argument Begins[00:01:06] Petitioner Opening Statement[00:03:14] Petitioner Free for All Questions[00:14:04] Petitioner Sequential Questions[00:18:36] Respondent in Support of Vacatur Opening Statement[00:19:45] Respondent in Support of Vacatur Free for All Questions[00:33:22] Respondent in Support of Vacatur Sequential Questions[00:34:41] For Court-Appointed Amicus Curiae in Support of Judgment Below Opening Statement[00:37:03] For Court-Appointed Amicus Curiae in Support of Judgment Below Free for All Questions[01:01:03] For Court-Appointed Amicus Curiae in Support of Judgment Below Sequential Questions[01:02:09] Petitioner Rebuttal

Oral Argument Re-Listen: Case v. Montana | Case No. 24-624 | Oral Argument Date: 10/15/25Link to Docket: HereCase Preview: HereQuestion Presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.Oral Advocates:For Petitioner: Fred A. Rowley, Jr., Los AngelesFor Respondent: Christian B. Corrigan, Solicitor General, MontanaUnited States as Amicus Curiae: Zoe A. Jacoby, Assistant to the Solicitor General, Department of JusticeHolding: Brigham City’s objective reasonableness standard for warrantless home entries to render emergency aid applies without further gloss and was satisfied in this case.Result: Affirmed.Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justices Sotomayor and Gorsuch filed concurring opinions.Link to Opinion: Here.Timestamps:[00:00:00] Episode Preview[00:00:50] Argument Begins[00:01:02] Petitioner Opening Statement[00:03:12] Petitioner Free for All Questions[00:27:25] Petitioner Sequential Questions[00:39:50] Respondent Opening Statement[00:41:41] Respondent Free for All Questions[00:55:44] Respondent Sequential Questions[01:00:52] United States as Amicus Curaie Opening Statement[01:02:01] United States as Amicus Curaie Free for All Questions[01:09:15] United States as Amicus Curaie Sequential Questions[01:10:40] Petitioner Rebuttal

Oral Argument Re-Listen: Berk v. Choy | Case No. 24-440 | Oral Argument Date: 10/6/25Link to Docket: HereEpisode Preview: HereBackground: Question Presented: Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court.Oral Advocates:For Petitioner: Andrew T. Tutt, Washington, D.C.For Respondent: Frederick R. Yarger, Denver, CO.Holding: Delaware’s affidavit law does not apply in federal court.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Barrett wrote the majority opinion. Justice Jackson wrote an opinion concurring in the result.Link to Opinion: Here.Timestamps:[00:00:00] Argument Intro[00:00:33] Argument Begins[00:00:39] Petitioner Opening Statement[00:02:57] Petitioner Free for All Questions[00:25:46] Petitioner Sequential Questions[00:31:36] Respondent Opening Statement[00:33:52] Respondent Free For All Questions[00:59:19] Respondent Sequential Questions[01:00:05] Petitioner Rebuttal

Coney Island Auto Parts, Inc. v. Burton | Case No. 24-808 | Oral Argument Date: 11/5/25 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in Coney Island Auto Parts versus Burton, a time trap tangle examining when void verdicts gain validity. Coney Island's bank account gets frozen for nearly $100,000 based on a 2015 Tennessee judgment they claim they never knew about. When Coney finally fights back seven years later, the Sixth Circuit dismisses the case, saying that you waited too long to challenge the judgment Coney didn’t even know about. "If something never existed in the first place, does waiting too long to challenge it make it real?Question Presented: Whether Federal Rule of Civil Procedure 60(c)(1) imposes any time limit to set aside a void default judgment for lack of personal jurisdiction.Oral Advocates:For Petitioner (Coney): Daniel Ginzburg, Freehold, N.J.For Respondent (Burton): Lisa S. Blatt, Washington, D.C.Holding: Rule 60(c)(1)’s reasonable-time limit applies to a motion alleging that a judgment is void under Rule 60(b)(4).Result: Affirmed.Voting Breakdown: 9-0. Justice Alito wrote the majority opinion. Justice Sotomayor wrote an opinion concurring in the judgment.Majority's Rationale: Rule 60(c)(1) clearly requires all Rule 60(b) motions within reasonable time, including void judgment challenges. Even void judgments face timing limits because no constitutional principle grants unlimited challenge time. Allowing indefinite challenges would create extreme consequences like ignoring appeal and certiorari deadlines.Concurring Rationale: Rule 60's text and structure clearly require reasonable time limits for all motions. The majority unnecessarily addressed constitutional questions that no party raised or argued. Courts should stick to deciding actual disputes, not inventing constitutional theories.Link to Opinion: Here.Timestamps:[00:00:00] Argument Preview[00:00:58] Argument Begins[00:01:07] Petitioner Opening Statement[00:03:17] Petitioner Free for All Questions[00:19:12] Petitioner Sequential Questions[00:19:15] Respondent Opening Statement[00:20:33] Respondent Free for All Questions[00:34:10] Petitioner Rebuttal

Oral Argument Re-Listen: Bost v. Illinois State Bd. of Elections | Case No. 24-568 | Oral Argument Date: 10/8/25Link to Docket: HereCase Preview: https://scotus-oral-arguments.captivate.fm/episode/upcoming-oral-argument-bost-v-illinois-ballot-box-bout-when-can-candidates-challenge-election-rules/Background: Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted state laws that allow ballots to be received and counted after Election Day. Petitioners contend these state laws are preempted under the Elections and Electors Clauses. Petitioners sued to enjoin Illinois' law allowing ballots to be received up to fourteen days after Election Day.Question Presented: Whether Petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standing to challenge state time, place, and manner regulations concerning their federal elections.Oral Advocates:For Petitioner: Paul D. Clement, Alexandria, Va.;United States, as Amicus Curiae: Michael Talent, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent: Jane E. Notz, Solicitor General, Chicago, Ill.Link to Opinion: Here.Holding: As a candidate for office, Congressman Bost holds standing to challenge the laws that govern the counting of votes in his election.Result: Reversed and remanded.Voting Breakdown: 7-2. Chief Justice Roberts delivered the opinion of the Court in which Justices Alito, Thomas, Gorsuch, and Kavanaugh joined. Justice Barrett filed an opinion concurring in the judgment in which Justice Kagan joined. Justice Jackson filed a dissenting opinion in which Justice Sotomayor joined.

Overview:This episode offers six critical insights from last week's opinions.Six Pack Roadmap:1. Deceptive Unanimity Statistics Court achieves 71% unanimity rate (versus 42% last year) by clearing uncontested low hanging fruit cases; rate will drop as complex constitutional questions arrive later this term.2. Fractures Behind Unanimous Results: Two cases feature justices concurring only in judgment—agreeing with outcomes but rejecting majority reasoning; Jackson splits on procedural methodology in Berk v. Choy; Sotomayor objects to unnecessary constitutional analysis in Coney Island v. Burton.3. Strategic Opinion Authorship Pattern: Each majority opinion authored by different justice; only Gorsuch and Thomas remain without majority opinions this term, suggesting strategic distribution of constitutional precedent-setting opportunities.4. Thomas's Doctrinal Attack Signal: Thomas writes Ellingburg concurrence (joined by Gorsuch) targeting current Ex Post Facto jurisprudence, continuing his pattern of using separate opinions to undermine established legal frameworks.5. Ex Post Facto Originalism: Thomas advocates abandoning modern twelve-factor balancing tests for 1798 Calder v. Bull approach; would subject civil penalties, administrative enforcement, and regulatory sanctions to constitutional scrutiny regardless of legislative labeling.6. Emergency Docket Constitutional Chaos: Trump v. Cook oral arguments reveal dangers of rushed litigation creating inadequate factual records; Justice Alito highlights how time pressure forces courts into constitutional holdings rather than narrower statutory grounds.Referenced Cases:• Berk v. Choy - Unanimous decision on Delaware affidavit requirements conflicting with federal civil procedure rules; Jackson concurrence only in judgment preferring Rule 3 over Rule 8 analysis• Coney Island v. Burton - Unanimous decision with Sotomayor concurrence only in judgment objecting to unnecessary due process constitutional analysis• Ellingburg v. United States - Thomas concurrence (joined by Gorsuch) advocating originalist Ex Post Facto interpretation based on Calder v. Bull (1798)• Trump v. Cook - Emergency docket case involving Federal Reserve governor removal; oral arguments criticized rushed litigation timeline creating inadequate factual development

OverviewThe High Court Report covers three major oral arguments from this past week, analyzing constitutional clashes over Second Amendment rights, pension plan calculations, and presidential removal powers. Each case presents fundamental questions about constitutional interpretation, federal authority, and the balance between individual rights and government power.Takeaways:Wolford v. Lopez• Second Amendment treated as second-class right compared to First Amendment protections• Historical evidence battle focuses on colonial anti-poaching laws and Black Codes versus modern concealed carry contexts• Justices skeptical that 1771 hunting regulations justify modern permission slip requirements for constitutional rightsM&K Employee Solutions v. IAM• Pension liability calculation dispute centers on timing of actuarial assumptions versus measurement dates• Built-in statutory safeguards include professional ethics requirements and mandatory arbitration processes• Court likely to rule that "as of" creates reference point rather than deadline for calculationsTrump v. Cook• Presidential removal authority clashes with Federal Reserve independence principles• "For cause" standard requires judicial review to prevent arbitrary executive actions• Procedural defects provide potential narrow ruling path without resolving broader constitutional questionsAttribution Episode analysis draws from Daniel Thompson's Substack piece "Litigating Originalism in Bruen: A Brief-Level Coding Study of History, Evidence, and Argument Form" available at https://legalytics.substack.com/p/litigating-originalism-in-bruen-a

Ellingburg v. United States | Case No. 24-482 | Docket Link: HereLinks: Opinion: Here.Oral Argument: HereCase Preview: HereOverview: Ellingburg committed a crime in 1996 before Congress enacted a new law requiring convicted defendants to pay restitution to victims. Courts later sentenced Ellingburg under this new law and ordered him to pay $7,567.25 - money he never paid. Ellingburg challenged this restitution order as unconstitutional retroactive punishment, arguing the government cannot apply new penalties to old crimes. The case forces the Supreme Court to determine whether victim restitution constitutes criminal punishment protected by the Constitution's ban on ex post facto laws.Question Presented: Whether restitution under the Mandatory Victims Restitution Act of 1996 constitutes criminal punishment for purposes of the Ex Post Facto Clause.Holding: The Supreme Court held that restitution under the MVRA constitutes criminal punishment subject to Ex Post Facto Clause analysis.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Kavanaugh wrote the opinion for a unanimous Court. Justice Thomas filed a concurring opinion joined by Justice Gorsuch.Majority's Rationale: Congress explicitly labeled MVRA restitution as a "penalty" for criminal offenses imposed during sentencing alongside imprisonment and fines. The statute appears in the criminal code and requires courts to follow criminal procedure rules when ordering restitution. Defendants who refuse to pay face potential imprisonment for punishment and deterrence purposes, confirming the criminal nature.Concurring Rationale: Justice Thomas argued the Court should abandon its current twelve-factor test for determining criminal punishment. The original 1798 understanding of ex post facto laws protected against any retroactive government penalties for public wrongs. Modern courts should focus on whether laws impose coercive sanctions for offenses against government authority, regardless of civil labels.Oral Advocates:For Petitioner: Amy M. Saharia, Washington, D.C. argued for petitioner.For Respondent in Support of Vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice argued for respondent in support of vacatur.For Court-Appointed Amicus Curiae in Support of Judgment Below: John F. Bash, Austin, Texas.

Coney Island Auto Parts, Inc. v. Burton | Date Decided: 1/21/26 | Case No. 24-808Docket Link: HereOverviewThis case involves a time trap tangle examining when void verdicts gain validity. Coney Island's bank account gets frozen for nearly $100,000 based on a 2015 Tennessee judgment they claim they never knew about. When Coney finally fights back seven years later, the Sixth Circuit dismisses the case, saying that you waited too long to challenge the judgment Coney didn’t even know about. If a judgment was invalid from the start, does waiting too long make it become valid? Question Presented: Whether Federal Rule of Civil Procedure 60(c)(1) imposes any time limit to set aside a void default judgment for lack of personal jurisdiction.Holding: Rule 60(c)(1)’s reasonable-time limit applies to a motion alleging that a judgment is void under Rule 60(b)(4).Result: Affirmed.Voting Breakdown: 9-0. Justice Alito wrote the majority opinion. Justice Sotomayor wrote an opinion concurring in the judgment.Majority's Rationale: Rule 60(c)(1) clearly requires all Rule 60(b) motions within reasonable time, including void judgment challenges. Even void judgments face timing limits because no constitutional principle grants unlimited challenge time. Allowing indefinite challenges would create extreme consequences like ignoring appeal and certiorari deadlines.Concurring Rationale: Rule 60's text and structure clearly require reasonable time limits for all motions. The majority unnecessarily addressed constitutional questions that no party raised or argued. Courts should stick to deciding actual disputes, not inventing constitutional theories.Link to Opinion: Here.Oral Advocates:For Petitioner (Coney): Daniel Ginzburg, Freehold, N.J.For Respondent (Burton): Lisa S. Blatt, Washington, D.C.

Berk v. Choy | Date Decided: 1/20/26 | Case No. 24-440Docket Link: HereEpisode Preview: HereOverview: Federal Rules of Civil Procedure conflict with state screening requirements raises fundamental questions about procedural uniformity in diversity jurisdiction and limits on state authority over federal court operations.Question Presented: Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court.Holding: Delaware’s affidavit law does not apply in federal court.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Barrett wrote the majority opinion. Justice Jackson wrote an opinion concurring in the result.Link to Opinion: Here.Oral Advocates:For Petitioner: Andrew T. Tutt, Washington, D.C.For Respondent: Frederick R. Yarger, Denver, CO.Posture: Third Circuit affirmed dismissal; Supreme Court granted certiorari and reversed unanimously.Main Arguments:Berk (Petitioner): (1) Rule 8 requires only "short and plain statement," precluding additional merit requirements; (2) Rule 12 forbids considering materials outside pleadings for dismissal; (3) Federal Rules displace conflicting state procedural laws in diversity casesDefendants (Choy and Beebe): (1) Rule 11 creates statutory exception allowing state affidavit requirements; (2) Delaware law addresses different issue than Federal Rules; (3) State screening mechanisms constitute substantive law under Erie doctrineImplications: Berk victory establishes federal procedural rule supremacy over conflicting state requirements, protecting diversity jurisdiction access while potentially eliminating state tort reform screening mechanisms in federal court. Defendants victory would enable states to impose additional federal court barriers beyond Federal Rules requirements, potentially creating procedural chaos through conflicting state requirements and undermining uniform federal court procedures nationwide.The Fine Print:Federal Rule 8(a)(2): "A pleading that states a claim for relief must contain a short and plain statement of the claim showing that the pleader is entitled to relief"Delaware Code § 6853(a)(1): "No action for medical negligence shall be filed unless the complaint is accompanied by an affidavit of merit signed by a medical professional"Primary Cases:Hanna v. Plumer (1965): Valid Federal Rules displace contrary state law even when state law qualifies as substantive under Erie; Federal Rules govern procedure in federal courtShady Grove v. Allstate (2010): Federal Rule displaces state law when it "answers the question in dispute" unless the Federal Rule exceeds statutory authorization

Trump v. Cook | Argument Date: 1/21/26 | Docket Link: HereOral Advocates:For Petitioner (Trump): D. John Sauer, Solicitor General, Department of Justice, Washington, D.C.For Respondent (Cook): Paul D. Clement, Alexandria, Virginia.Question Presented: Whether Federal Reserve Board governors possess Fifth Amendment property rights in their offices and whether "for cause" removal authority permits presidential removal based on pre-office conduct.Overview: President Trump's 30-minute ultimatum removal of Fed Governor Cook over mortgage misrepresentations creates unprecedented constitutional crisis testing presidential power against central bank independence and due process rights.Posture: D.C. Circuit denied emergency stay by 2-1 vote; Governor Cook continues serving pending appeal.Main Arguments:• Trump (Petitioner): (1) Federal offices constitute no Fifth Amendment property interest under longstanding precedent; (2) "For cause" permits broad removal discretion for misconduct affecting fitness including pre-office conduct; (3) Presidential removal determinations remain unreviewable by courts absent explicit congressional authorization• Cook (Respondent): (1) Tenure-protected officers possess constitutionally protected property interest requiring pre-removal hearing under Loudermill; (2) "For cause" historically limited to in-office conduct under 1913/1935 statutory backdrop; (3) Judicial review prevents presidential circumvention of congressional restrictions protecting agency independenceImplications: Trump victory eliminates due process protections for principal officers while expanding presidential control over independent agencies through discretionary "for cause" interpretations. Cook victory establishes constitutional hearing requirements for tenure-protected removal while constraining presidential authority to politicize Federal Reserve monetary policy decisions affecting national economic stability.The Fine Print:• 12 U.S.C. § 242: "Any member of the Board may be removed for cause by the President"• Fifth Amendment: "No person shall be...deprived of life, liberty, or property, without due process of law"Primary Cases:• Cleveland Board of Education v. Loudermill (1985): Tenure-protected public employees possess property interest in continued employment requiring pre-termination notice and hearing opportunity• Taylor v. Beckham (1900): Political offices constitute no property rights protected by Due Process Clause; removal from office triggers no constitutional process requirementsLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Timestamps:[00:00:00] Oral Argument Preview[00:01:51] Oral Argument Begins[00:02:00] Trump Opening Statement[00:04:02] Trump Free for All Questions[00:27:07] Trump Round Robin Questions[01:00:10] Cook Opening Statement[01:02:05] Cook Free for All Questions[01:30:37] Cook Round Robin Questions[01:56:24] Trump Rebuttal

Oral Advocates:For Petitioner (Wolford): Alan A. Beck, San Diego, California.For United States (as Amicus Curiae Supporting Petitioner): Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice argues.For Respondent (Lopez): Neal K. Katyal, Washington, D.C.Question Presented: Whether the Ninth Circuit erred in holding that Hawaii may presumptively prohibit concealed carry permit holders from carrying handguns on private property open to the public without property owner express permission.Overview: Post-Bruen constitutional challenge to Hawaii's affirmative-consent requirement for carrying firearms on private property open to public creates circuit split over intersection of Second Amendment rights and traditional property law principles.Posture: District court enjoined law; Ninth Circuit reversed, creating conflict with Second and Third Circuits.Main Arguments:• Petitioner: (1) Carrying firearms on private property open to public falls within Second Amendment's plain text protection; (2) Hawaii's presumptive prohibition effectively abolishes public carry rights through property law circumvention; (3) Colonial and Reconstruction-era scattered laws fail to establish sufficient historical tradition under Bruen framework• Respondent: (1) Second Amendment never protected armed entry onto private property without owner consent under English common law inheritance; (2) Hawaii's law vindicates fundamental property owners' right to exclude rather than restricting Second Amendment rights; (3) Multiple colonial and Reconstruction-era historical analogues constitute "dead ringers" supporting Hawaii's approach requiring express consentImplications: Petitioner victory establishes robust Second Amendment protection in privately-owned publicly-accessible spaces, potentially invalidating similar post-Bruen restrictions across multiple states and expanding public carry rights significantly. Respondent victory permits states to circumvent direct gun control restrictions through property law mechanisms, enabling broader firearms regulations while preserving traditional property rights and potentially creating complex patchwork of varying consent requirements across jurisdictions affecting everyday carry practices.The Fine Print:• H.R.S. § 134-9.5(b): "No person shall carry or possess a firearm on any private property unless that person has been given express authorization by the property owner or the owner's authorized agent through unambiguous written or verbal authorization or clear and conspicuous signage"• Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"Primary Cases:• NYSRPA v. Bruen (2022): Second Amendment protects individual right to carry handguns publicly for self-defense; government restrictions must demonstrate consistency with historical tradition of firearm regulation rather than interest-balancing approach• Cedar Point Nursery v. Hassid (2021): Property owners possess fundamental right to exclude others from their premises, constituting "one of the most treasured rights of property ownership" requiring government compensation for regulatory takingsLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Timestamps:[00:00:00] Argument Preview[00:01:24] Oral Argument Begins[00:01:34] Wolford Opening Statement[00:03:03] Wolford Free for All Questions[00:19:29] Wolford Round Robin Questions[00:33:22] United States Opening Statement[00:34:36] United States Free for All Questions[00:44:23] United States Round Robin Questions[01:07:53] Lopez Opening Statement[01:10:09] Lopez Free for All Questions[01:39:01] Lopez Round Robin Questions[01:51:14] Wolford Rebuttal

M & K Employee Solutions, LLC v. Trustees of The IAM Pension Fund | Argument Date: 1/20/26 | Docket Link: HereOral Advocates:For Petitioner (M&K Employee Solutions): Michael E. Kenneally, Jr., Washington, D.C.For Respondent (IAM National Pension Fund): John E. Roberts, Providence, Rhode Island.For United States as (Amicus Curiae Supporting Respondent): Kevin J. Barber, Assistant to the Solicitor General, Department of Justice.Question Presented: Can pension plans charge higher prices using future prices, or must they stick with the original prices?Overview: Four companies' pension withdrawal liability tripled from timing of actuarial assumption changes, creating circuit split over whether "as of" December 31st calculations require December 31st assumptions or permit retrospective professional judgment.Posture: Arbitrators favored companies; D.C. District Court and Circuit reversed, permitting post-measurement assumption adoption with restrictions.Main Arguments:Petitioners: (1) "As of" language creates statutory deadline requiring pre-measurement assumption adoption; (2) Legislative framework expected annual assumption reviews before measurement dates; (3) Anti-manipulation principles from Section 1394 should apply to actuarial assumptionsRespondents: (1) "As of" establishes reference date, not completion deadline for retrospective valuations; (2) "Best estimate" requirement mandates current professional judgment over stale assumptions; (3) Standard actuarial practice permits and encourages post-measurement selectionImplications: Petitioner victory creates uniform nationwide timing deadlines for actuarial assumptions but potentially forces use of outdated professional judgments. Respondent victory maintains professional flexibility and accuracy in pension calculations but creates potential manipulation risks and planning uncertainty. Decision affects multiemployer pension withdrawals nationwide, involving billions in liability calculations. Ruling influences broader questions about statutory interpretation incorporating professional standards and temporal requirements in technical regulatory contexts.The Fine Print:29 U.S.C. § 1391: "The amount of an employer's withdrawal liability...shall be computed...as of the end of the plan year preceding the plan year in which the withdrawal occurs"29 U.S.C. § 1393(a)(1): "actuarial assumptions and methods which...offer the actuary's best estimate of anticipated experience under the plan"Primary Cases:National Retirement Fund v. Metz Culinary Management (2020): Second Circuit held actuarial assumptions for withdrawal liability must exist by measurement date; automatic rollover applies absent timely changesConcrete Pipe & Products v. Construction Laborers Pension Trust (1993): Withdrawal liability creates "fixed and certain debt"; actuarial determinations receive presumption of correctness due to professional constraints and statutory requirementsTimestamps:[00:00:00] Oral Argument Preview[00:01:30] Oral Argument Begins[00:01:41] M & K Opening Statement[00:03:33] M & K Free for All Questions[00:26:54] M & K Round Robin Questions[00:31:47] IAM Opening Statement[00:34:23] IAM Free for All Questions[00:47:28] IAM Round Robin Questions[00:47:31] United States Opening Statement[00:48:39] United States Free for All Questions[00:53:44] United States Round Robin Questions[00:53:50] M & K Rebuttal

OVERVIEWDon't miss this action packed episode. In it, we cover three things:News that the Supreme Court agreed to hear 4 new cases;News that the Supreme Court will issue opinions Stats, trends, and observations of last week's 4 opinions; andFinal thoughts on this week's oral argumentsNEW CERTIORARI GRANTSCases Added: Four new grants bring total to approximately 57 unique cases for the termGeofence Warrants Case: Constitutional challenge to warrants allowing police access to cell phone user data by specific date, time, and locationPatent Infringement Case: Intellectual property dispute involving patent protection standardsMonsanto/Roundup Case: Product liability challenge over failure to warn about cancer dangersInvestment Fund Case: Securities litigation involving pleading standards for fund underperformance claimsTerm Outlook: Current case count (57 unique cases) approaches last term's 62-63 cases, suggesting limited additional grants expectedJANUARY 20TH OPINIONS FORTHCOMINGRelease Schedule: Supreme Court plans opinion release on Monday, January 20th Coverage Plan: Detailed opinion breakdowns scheduled for Thursday or Friday depending on volume Anticipation: Multiple pending cases await resolution from previous oral argument sessionsSCOTUS OPINION TRENDS & STATISTICAL ANALYSISReversal Patterns: Current term mirrors historical 69% reversal rate3 reversals/vacates vs. 1 affirmance from first four decisionsMontana Supreme Court decision upheld; federal circuit courts overturnedVote Distributions: Early decisions show typical voting patterns2 unanimous (9-0) decisions: Barrett v. United States, Case v. Montana1 decision 7-2, 1 decision 5-43 criminal law cases, 1 standing/election caseAuthorship Patterns: Different justices authored each majority opinionRoberts, Sotomayor, Kagan, Jackson wrote majoritiesGorsuch most active: 2 concurrences, 1 dissentJackson 2nd most active: 1 majority, 1 dissentJudicial Fracturing Analysis: Early emergence of fractured reasoning despite agreement on outcomesNotable example: Bost v. Illinois where Barrett and Kagan joined conclusion but rejected reasoningBarrett criticized majority's "bespoke standing rule for candidates"Fracturing expected to intensify in major constitutional casesLegislative History Debate: Emerging doctrinal battle over legislative history usageBarrett v. United States highlights split: Jackson's Part IV-C attracted only 4 votes (Roberts, Sotomayor, Kagan)Textualist justices (Thomas, Alito, Gorsuch, Kavanaugh, Barrett) rejected legislative history relianceRoberts' surprising support suggests institutional concerns over methodological purityFINAL THOUGHTS ON UPCOMING CASESTRUMP V. COOK - Federal Reserve Governor RemovalStrategic Innovation: Cook's supplemental brief marshaling amicus arguments demonstrates tactical geniusAdam Feldman's research shows increasing academic influence in Supreme Court decisionsOral arguments provide inadequate forum for addressing comprehensive written amicus submissionsSupplemental briefs fill procedural gap allowing systematic written response to third-party interventionsCore Constitutional Themes:Judicial Restraint: Courts must enforce only what Congress actually wrote, not judicial interpretations of congressional intent"For Cause" Protection: Risk of rendering statutory protections meaningless if presidents can fabricate misconduct allegationsTrump Tariff Connection: Parallel arguments about congressional authorization requirementsGovernment previously argued against broad executive authority in tariff contextNow uses same textual arguments to deny Cook's statutory process rightsConstitutional consistency demands similar outcomes across separation of powers casesBroader Implications: Potential elimination of congressional removal statute authority if combined with Trump v. Slaughter FTC rulingWOLFORD V. LOPEZ - Second Amendment Property RightsConstitutional Framework: Hawaii's 2023 "vampire rule" requiring owner consent for armed entry onto private propertySimilar laws in California, Maryland, New York, New JerseyPost-Bruen constitutional analysis requires historical tradition supportProperty Rights Clash: Fundamental tension between property owner exclusion rights and Second Amendment protectionsHawaii invokes English law's "sole and despotic dominion" property principleGun owners argue state cannot criminalize conduct where property owners remain silentDistinguishes between property owner choice and state mandateStrategic Burden: Hawaii must prove constitutionality under strict scrutiny post-Bruen frameworkHistorical tradition analysis favors gun rights absent clear precedentFive-vote majority appears unlikely given current Court compositionM & K EMPLOYEE SOLUTIONS V. IAM PENSION FUND - Pension Calculation TimingMain Issue: Whether pension plans can retroactively apply new calculation methods Restaurant Analogy: Changing menu prices after meal consumption parallels pension calculation timing Stakes: Fundamental contract interpretation affecting employer obligations and pension securityRelated Resources:Adam Feldman, "The Rise of Scholars' Amicus Briefs," Legalytics, available at https://legalytics.substack.com/p/the-rise-of-scholars-amicus-briefsThe High Court Report, "January Mega Preview Episode - Transgender Sports, Gun Rights, and Fed Firings," available at https://scotus-oral-arguments.captivate.fm/episode/january-mega-preview-episode-transgender-sports-gun-rights-and-fed-firings/The High Court Report, "Six Pack of Takeaways + Prediction: Trump v. Slaughter," available at <a...

The Supreme Court heard oral arguments in four major cases during the week of January 12, 2026, covering federal contractor jurisdiction, transgender athletics rights, and state agency immunity. The Court issued its first four opinions of the term while demonstrating reluctance to expand constitutional protections in sensitive areas like transgender rights and police emergency powers. Justice concerns about nationwide chaos and disruption emerged as recurring themes across multiple cases involving federalism and state authority questions.Chevron Corporation v. Plaquemines Parish Question Presented: Whether federal contractor removal statute permits federal jurisdiction for conduct "relating to" government contractsOverview: Louisiana oil dumping lawsuit raises federalism questions about protecting contractors from local bias versus state court expertise.Main Analysis:Paul Clement invoked Daniel Webster's 1812 commentary about federal courts protecting nationally important projects from local prejudiceChevron fears massive verdict after Louisiana secured $744 million judgment in similar WWII oil caseChief Justice Roberts expressed "butterfly effect" concerns about sweeping federal jurisdiction for paper clip contractorsBoth sides conceded Fifth Circuit test failed to follow statutory textPrediction: Victory for Chevron or remand for different legal test application. Court disliked Fifth Circuit approach.Key Tension: Federal protection from local bias versus state expertise in Louisiana environmental lawLittle v. Hecox and West Virginia v. B.P.J.Question Presented: Whether Title IX permits excluding transgender students from gender-aligned athleticsOverview: Parallel cases create constitutional clash over state biological sex requirements versus federal anti-discrimination protections.Main Analysis:Majority seemed disinclined to draw constitutional lines protecting transgender peopleGovernment's contradictory positions caught justices' attention - supports state biological sex requirements while challenging California's opposing lawFollows Skrmetti decision recognizing broad state authority over transgender issuesNo appetite for constitutional intervention when states actively disagreePrediction: Idaho and West Virginia victory. Court reluctant to wade into transgender debates.Key Insight: Next frontier involves legitimacy of state laws protecting transgender statusCSX Galette v. NJ Transit Corp. Question Presented: Whether state-created corporations retain sovereign immunity despite corporate structureOverview: Transit authority immunity dispute affects numerous state agencies using corporate structures.Main Analysis:Court focused intensely on formality versus functionality questionJustice Kavanaugh expressed "chaos" concerns about jeopardizing state corporations nationwideConservative justices seemed reluctant to depart from 1980s D.C. Circuit precedent written by Judge Bork and joined by Justice ScaliaGovernor maintains absolute veto power over every board action despite corporate structurePrediction: New Jersey Transit Corporation victory based on formality precedent and chaos avoidanceKey Factor: Risk of nationwide disruption to state transit authorities and similar agencies

Case v. Montana | Date Decided: 1/14/26 | Case No. 24-624Question Presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.BackgroundIn this case, Case challenged the established emergency-aid exception by asking the Supreme Court to require probable cause rather than the current "objectively reasonable belief" standard for warrantless home entries during emergencies.Holding: Brigham City’s objective reasonableness standard for warrantless home entries to render emergency aid applies without further gloss and was satisfied in this case.Result: Affirmed.Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justices Sotomayor and Gorsuch filed concurring opinions.Link to Opinion: Here.Oral Advocates:For Petitioner: Fred A. Rowley, Jr., Los Angeles, CA.For Respondent: Christian B. Corrigan, Solicitor General, MontanaUnited States as Amicus Curiae: Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice.

Bowe v. United States | Date Decided: 1/9/26 | Case No. 24-5438 Background: Under 28 U.S.C. § 2244(b)(1), “[ a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ” (emphasis added).Question Presented:Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255. * * * Under 28 U.S.C. § 2244(b)(3)(E), “[ t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari. ” (emphasis added).Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255.Holding: The Court has jurisdiction because §2244(b)(3)(E) does not bar this Court’s review of a federal prisoner’s request to file a second or successive §2255 motion.Section 2244(b)(1) does not apply to second or successive motions filed under §2255(h) by federal prisoners challenging their convictions or sentences.Result: Vacated and remandedVoting Breakdown: 5-4. Justice Sotomayor delivered the opinion of the Court in which Chief Justice Roberts and Justices Kagan, Kavanaugh, and Jackson joined. Justice Jackson filed a concurring opinion. Justice Gorsuch filed a dissenting opinion in which Justices Thomas and Alito joined and in which Justice Barrett joined as to Part I.Link to Opinion: Here.Oral Advocates:For Petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Florida.For Respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Court-appointed amicus curiae in support of judgment below as to Question 1: Kasdin M. Mitchell, Dallas, Tex.

Bost v. Illinois State Bd. of Elections | Date Decided: 1/14/26 | Case No. 24-568Question Presented: Whether candidates running for federal office hold Article III standing to challenge state time, place, and manner regulations concerning their federal elections, specifically the state laws that allow ballots to be receivd and counted after election day.Link to Opinion: Here.Holding: As a candidate for office, Congressman Bost holds standing to challenge the laws that govern the counting of votes in his election.Result: Reversed and remanded. Voting Breakdown: 7-2. Chief Justice Roberts delivered the opinion of the Court in which Justices Alito, Thomas, Gorsuch, and Kavanaugh joined. Justice Barrett filed an opinion concurring in the judgment in which Justice Kagan joined. Justice Jackson filed a dissenting opinion in which Justice Sotomayor joined.Oral Advocates:For Petitioner: Paul D. Clement, Alexandria, Va.;United States, as Amicus Curiae: Michael Talent, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent: Jane E. Notz, Solicitor General, Chicago, Ill.

Barrett v. United States | Date Decided: 1/14/26 | Case No. 24-5774Question Presented:Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and§ 924(j), a question that divides seven circuits but about which the Solicitor General and Petitioner agree.Whether "Hobbs Act robbery qualifies as a crime of violence under §924(c) (3)(A), a question left open after" United States v. Taylor , 596 U.S. 845 (2022). United States v. Stoney , 62 F.4th 108, 113 (3d Cir. 2023).Holding: Congress did not clearly authorize convictions under both §§924(c)(1)(A)(i) and (j) for a single act that violates both provisions. One act that violates both provisions therefore may spawn only one conviction. Result: Reversed in part and remandedVoting Breakdown: 9-0. Justice Jackson delivered the opinion of the Court with respect to Parts I, II, III, IV–A, and IV–B and an opinion with respect to Part IV–C in which Chief Justice Roberts and Justices Sotomayor and Kagan joined. Justice Gorsuch filed an opinion concurring in part.Link to Opinion: Here.Oral Advocates:For Petitioner: Matthew B. Larsen, Assistant Federal Defender, New York, N. Y.For Respondent in Support of Petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Court-Appointed Amicus Curiae in Support of Judgment Below: Charles L. McCloud, Washington, D.C.

CSX Galette v. NJ Transit Corp. | Argument Date: 1/14/26 | Docket Link: Here Consolidated with CSX NJ Transit Corp. v. Colt | Argument Date: 1/14/26 | Docket Link: HereOral Advocates:For Petitioner (New Jersey Transit Corp.): Michael Zuckerman, Deputy Solicitor General, Trenton, New Jersey.For Respondents (Galette and Colt): Michael Kimberly, Washington, D.C.Question Presented: Whether the New Jersey Transit Corporation functions as an arm of the State of New Jersey for interstate sovereign immunity purposesOverview: NJ Transit claims sovereign immunity after bus injured passenger in Philadelphia, raising fundamental federalism questions about state power to extend constitutional immunity to state-created corporations while disclaiming their debts and liabilities.Posture: Pennsylvania Supreme Court reversed lower courts, holding NJ Transit qualifies as state arm based on statutory mission and structure.Main Arguments:• NJ Transit (Petitioner): (1) New Jersey's legislative designation of public transportation as "essential governmental function" deserves federal deference and establishes instrumentality status; (2) Governor's appointment, for-cause removal, and veto powers demonstrate sufficient state control; (3) Substantial state subsidies (15-40% of operating budget) create practical financial interdependence implicating state treasury despite formal liability disclaimer• Galette (Respondent): (1) Founding-era bright-line rule denied sovereign immunity to all corporations liable for own judgments regardless of state ownership, control, or purpose; (2) Treasury factor proves dispositive because New Jersey statute explicitly disclaims legal liability for NJ Transit debts, eliminating state treasury exposure; (3) Corporate structure with sue-and-be-sued powers, operational independence, and commercial transportation function demonstrates legal separateness from stateImplications: NJ Transit victory allows states to extend sovereign immunity to state-created corporations operating across state lines while disclaiming their liabilities, potentially shielding transit authorities, universities, and development agencies nationwide from sister-state court jurisdiction. Galette victory reinforces Founding-era corporate separateness doctrine and makes treasury factor controlling, requiring actual state legal liability for immunity and limiting state power to manufacture constitutional immunity through entity characterization while maintaining corporate independence and debt disclaimers.The Fine Print:• N.J. Stat. § 27:25-17: "All expenses incurred by the corporation in carrying out the provisions of this act shall be payable from funds available to the corporation...No debt or liability of the corporation shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the State"• Eleventh Amendment: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State"Primary Cases:• Hess v. Port Authority Trans-Hudson Corp. (1994): Treasury factor constitutes "most salient factor" that "homes in on the impetus for the Eleventh Amendment: the prevention of federal-court judgments that must be paid out of a State's treasury"; when evidence on structure and control factors appears mixed, treasury factor becomes dispositive• Bank of United States v. Planters' Bank of Georgia (1824): When government becomes partner in trading company, it "devests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen"; corporate form precluded sovereign immunity regardless of state ownership or controlLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD.Timestamps:[00:00:00] Argument Preview[00:01:27] Oral Argument Begins[00:01:38] New Jersey Transit Corp. Opening Statement[00:03:46] Transit Free for All Questions[00:29:21] Transit Round Robin Questions[00:37:27] CSX Galette and Colt Opening Statement[00:39:44] CSX Galette and Colt Free for All Questions[01:07:30] CSX Galette and Colt Round Robin Questions[01:08:09] Transit Rebuttal

West Virginia v. B.P.J. | Oral Argument Date: 1/13/26 | Docket Link: HereOral Advocates:For Petitioner (West Virginia): Michael Williams, Solicitor General, Charleston, WV.For United States as Amicus Curiae Supporting Petitioner): Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice.For Respondent (B.J.P.): Joshua Block, New York, New York.Question Presented: Whether laws protecting women's sports by limiting participation to biological females violate the Equal Protection Clause of the Fourteenth AmendmentOverview: Consolidated cases challenging Idaho's categorical ban and West Virginia's Save Women's Sports Act generate Supreme Court's first major ruling on transgender athletics after Skrmetti reshaped constitutional sex discrimination analysis.Posture: Multiple circuit splits; Little preliminarily enjoined (Ninth Circuit), West Virginia reversed (Fourth Circuit); proceedings stayed pending review.Main Arguments:• Petitioners (West Virginia): (1) Constitutional "sex" means objective biological reality, not subjective gender identity; (2) Rational basis review applies to definitional challenges about meaning of "female"; (3) Skrmetti forecloses proxy discrimination claims targeting biology-based classificationsUnited States (as Amicus Curiae in Support of Petitioners): (1) Equal Protection permits sex-separated athletics based on constitutional history; (2) Biology-based classifications address competitive fairness, not discriminatory animus; (3) Skrmetti forecloses proxy discrimination claims• Respondents (B.P.J.): (1) Categorical exclusions constitute traditional sex discrimination triggering heightened scrutiny; (2) Transgender status qualifies as quasi-suspect classification warranting judicial protection; (3) Individual assessment required under VMI rather than blanket exclusionsImplications:Petitioners' victory establishes broad state authority over sex-separated activities using biological definitions, potentially affecting employment discrimination, housing rights, and educational access beyond sports.Respondent victory extends heightened constitutional protection to transgender individuals, requiring individualized consideration rather than categorical exclusions and potentially invalidating similar laws across twenty-six states.Ruling will clarify whether Skrmetti's restrictive constitutional framework applies beyond medical treatment contexts and resolve circuit split on Title IX interpretation.The Fine Print:• Fourteenth Amendment § 1: "No State shall...deny to any person within its jurisdiction the equal protection of the laws"• W. Va. Code § 18-2-25d(c)(2): Female teams "shall not be open to students of the male sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport"Primary Cases:• United States v. Skrmetti (2025): Constitutional sex classifications analyze biological differences rather than gender identity; laws addressing medical procedures and age restrictions don't trigger heightened scrutiny based on transgender status• United States v. Virginia (VMI) (1996): Sex-based exclusions require exceedingly persuasive justification under intermediate scrutiny; categorical rules must account for individual capabilities rather than statistical generalizationsLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Timestamps:[00:00:00] Oral Argument Intro[00:01:45] Oral Argument Begins[00:01:52] West Virginia Opening Statement[00:04:02] West Virginia Free for All Questions[00:19:07] West Virginia Round Robin Questions[00:31:49] United States as Amicus Curiae Opening Statement[00:32:57] United States Free for All Questions[00:41:58] United States Round Robin Questions[00:49:15] BJP Opening Statement[00:51:30] BPJ Free for All Questions[01:19:19] BPJ Round Robin Questions[01:20:56] West Virginia Rebuttal

Little v. Hecox | Oral Argument Date: 1/13/26 | Docket Link: HereOral Advocates:For Petitioner (Idaho): Alan Hurst, Solicitor General, Boise, IdahoFor United States (as Amicus Curiae Supporting Petitioner): Hashim Mooppan, Principal Deputy Solicitor General, Department of JusticeFor Respondent (Hecox): Kathleen R. Hartnett, San Francisco, California.Question Presented: Whether laws protecting women's sports by limiting participation to biological females violate the Equal Protection Clause of the Fourteenth AmendmentOverview: Consolidated cases challenging Idaho's categorical ban and West Virginia's Save Women's Sports Act generate Supreme Court's first major ruling on transgender athletics after Skrmetti reshaped constitutional sex discrimination analysis.Posture: Multiple circuit splits; Little preliminarily enjoined (Ninth Circuit), West Virginia reversed (Fourth Circuit); proceedings stayed pending review.Main Arguments:• Petitioners (Idaho): (1) Constitutional "sex" means objective biological reality, not subjective gender identity; (2) Rational basis review applies to definitional challenges about meaning of "female"; (3) Skrmetti forecloses proxy discrimination claims targeting biology-based classificationsUnited States (as Amicus Curiae in Support of Petitioners): (1) Equal Protection permits sex-separated athletics based on constitutional history; (2) Biology-based classifications address competitive fairness, not discriminatory animus; (3) Skrmetti forecloses proxy discrimination claims• Respondents (Hecox): (1) Categorical exclusions constitute traditional sex discrimination triggering heightened scrutiny; (2) Transgender status qualifies as quasi-suspect classification warranting judicial protection; (3) Individual assessment required under VMI rather than blanket exclusionsImplications:Petitioners' victory establishes broad state authority over sex-separated activities using biological definitions, potentially affecting employment discrimination, housing rights, and educational access beyond sports.Respondent victory extends heightened constitutional protection to transgender individuals, requiring individualized consideration rather than categorical exclusions and potentially invalidating similar laws across twenty-six states.Ruling will clarify whether Skrmetti's restrictive constitutional framework applies beyond medical treatment contexts and resolve circuit split on Title IX interpretation.The Fine Print:• Fourteenth Amendment § 1: "No State shall...deny to any person within its jurisdiction the equal protection of the laws"• Idaho Code § 33-6203(3): "Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex"Primary Cases:• United States v. Skrmetti (2025): Constitutional sex classifications analyze biological differences rather than gender identity; laws addressing medical procedures and age restrictions don't trigger heightened scrutiny based on transgender status• United States v. Virginia (VMI) (1996): Sex-based exclusions require exceedingly persuasive justification under intermediate scrutiny; categorical rules must account for individual capabilities rather than statistical generalizationsLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Timestamps:[00:00:00] Oral Argument Intro[00:01:19] Oral Argument Begins[00:01:26] Little Opening Statement[00:03:27] Little Free for Questions[00:19:05] Little Round Robin Questions[00:42:18] United States as Amicus Curiae Opening Statement[00:43:27] United States Free for All Questions[00:52:38] United States Round Robin Questions[01:08:33] Hecox Opening Statement[01:10:40] Hecox Free for All Questions[01:38:37] Hecox Round Robin Questions[01:51:09] Little Rebuttal

Chevron USA Inc. v. Plaquemines Parish | Oral Argument Date: 1/12/26 | Docket Link: HereOral Advocates:For Petitioner (Chevron): Paul D. Clement, Alexandria, VA argues for Petitioner Chevron.For United States (as Amicus Curiae Supporting Petitioner): Aaron R., Assistant to the Solicitor General, Department of Justice argues for United States as amicus curiae.For Respondent: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, LA argues for Respondent Plaquemines Parish.Question Presented: Whether oil companies can remove a state lawsuit into federal court involving oil production if the oil companies provided services under a federal contract for oil refining but not production.Overview: Oil companies that fueled WWII fighter planes face $744.6 million in state court verdicts for 80-year-old production methods, creating unprecedented federal contractor liability exposure with massive removal jurisdiction implications.Posture: Fifth Circuit denied en banc rehearing by narrow 7-6 vote after split panel affirmed remand.Main Arguments:• Chevron (Petitioner): (1) 2011 amendment eliminated causal-nexus requirement through "relating to" language expansion; (2) Fifth Circuit improperly reinstated contractual-direction test rejected by other circuits; (3) Oil production activities directly connected to federal avgas contracts through pricing terms and wartime regulations• Louisiana (Respondent): (1) No genuine circuit split exists among courts applying "connection or association" standard; (2) Case lacks national importance beyond fact-specific contractor disputes; (3) Federal contracts remained silent about production methods, requiring sufficient connection between challenged conduct and federal directivesImplications: Chevron victory expands federal contractor protection from state court liability for activities connected to federal work, potentially encouraging emergency contracting. Louisiana victory maintains state environmental enforcement authority while exposing federal contractors to massive local jury verdicts for wartime activities.The Fine Print:• 28 U.S.C. § 1442(a)(1): "A civil action...commenced in a State court against...any officer (or any person acting under that officer) of the United States...for or relating to any act under color of such office...may be removed"• State and Local Coastal Resources Management Act: Requires compliance with environmental standards for oil and gas operations in Louisiana coastal zoneLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Timestamps:[00:00:00] Argument Intro[00:01:54] Argument Begins[00:02:01] Chevron Opening Statement[00:04:26] Chevron Free for All Questions[00:19:20] Chevron Round Robin Questions[00:34:43] United States as Amicus Curiae Opening Statement[00:35:48] United States Free for All Questions[00:45:50] United States Round Robin Questions[00:52:13] Plaquemines Opening Statement[00:53:57] Plaquemines Free for All Questions[01:10:14] Plaquemines Round Robin Questions[01:16:07] Chevron Rebuttal

Hear final thoughts on this week's Supreme Court cases:See case preview episodes and January Mega Episode (here) for additional case details.Case Summaries:Chevron v. Plaquemines (Jan 12): WWII oil companies face massive state court verdict for 1940s production methods.Little v. Hecox (Jan 13): Transgender female students challenge Idaho and West Virginia sports participation bans.CSX Galette v. NJ Transit (Jan 14): Transit authority claims sovereign immunity despite state disclaimer of responsibility.Follow The High Court Report:Apple, Spotify, YouTube podcastsLinkedIn for daily updatesEmail: scotus.cases.pod@gmail.comIndividual case previews available on podcast page

Based on the project templates and your episode script, here are show notes for your January 2026 mega episode:January 2026 Supreme Court Mega Preview | The High Court ReportOverview: Action-packed January brings constitutional showdowns across five major cases spanning wartime contractor protection, transgender athletics, sovereign immunity, Second Amendment property rights, and presidential removal power over Federal Reserve governors.Roadmap Episode: Complete preview covering Chevron's $744 million WWII liability case, transgender sports restrictions post-Skrmetti, New Jersey Transit sovereignty claims, Hawaii's gun permission requirements after Bruen, and Trump's authority to fire Fed officials for pre-appointment conduct.Case Summaries:Chevron v. Plaquemines (Jan 12): WWII oil companies face massive state court verdict for 1940s production methods.Little v. Hecox (Jan 13): Transgender female students challenge Idaho and West Virginia sports participation bans.CSX Galette v. NJ Transit (Jan 14): Transit authority claims sovereign immunity despite state disclaimer of responsibility.Wolford v. Lopez (Jan 20): Licensed gun carriers sue Hawaii over business entry permission requirements.Trump v. Cook (Jan 21): Presidential firing of Fed Governor Lisa Cook over mortgage application allegations.Key Themes:Federalism tensions across multiple casesPost-Bruen Second Amendment applicationsSovereign immunity doctrine evolutionPresidential removal authority limitsConstitutional gender classifications after SkrmettiStatistics:Supreme Court currently reviewing 48 unique pending cases63 cases heard last term, suggesting 10-15 more additions likelyFourth sovereign immunity case this termBenjamin Aguinaga and Paul Clement each arguing third cases this yearSchedule Notes:January arguments followed by February hiatus until month-endOnly three sitting days in entire FebruaryEight March days and seven April sitting days plannedMay-June dates not yet setFollow The High Court Report:Apple, Spotify, YouTube podcastsLinkedIn for daily updatesEmail: scotus.cases.pod@gmail.comIndividual case previews available on podcast pageLink8/19/25 Episode: Road Work Ahead: How Four 2024 Cases May Be Reshaping First Amendment Scrutiny (https://scotus-oral-arguments.captivate.fm/episode/road-work-ahead-how-four-2024-cases-may-be-reshaping-first-amendment-scrutiny/)

M & K Employee Solutions, LLC v. Trustees of The IAM Pension Fund | Argument Date: 1/20/26 | Docket Link: HereQuestion Presented: Can pension plans charge higher prices using future prices, or must they stick with the original prices?Overview: Four companies' pension withdrawal liability tripled from timing of actuarial assumption changes, creating circuit split over whether "as of" December 31st calculations require December 31st assumptions or permit retrospective professional judgment.Posture: Arbitrators favored companies; D.C. District Court and Circuit reversed, permitting post-measurement assumption adoption with restrictions.Main Arguments:Petitioners: (1) "As of" language creates statutory deadline requiring pre-measurement assumption adoption; (2) Legislative framework expected annual assumption reviews before measurement dates; (3) Anti-manipulation principles from Section 1394 should apply to actuarial assumptionsRespondents: (1) "As of" establishes reference date, not completion deadline for retrospective valuations; (2) "Best estimate" requirement mandates current professional judgment over stale assumptions; (3) Standard actuarial practice permits and encourages post-measurement selectionImplications: Petitioner victory creates uniform nationwide timing deadlines for actuarial assumptions but potentially forces use of outdated professional judgments. Respondent victory maintains professional flexibility and accuracy in pension calculations but creates potential manipulation risks and planning uncertainty. Decision affects multiemployer pension withdrawals nationwide, involving billions in liability calculations. Ruling influences broader questions about statutory interpretation incorporating professional standards and temporal requirements in technical regulatory contexts.The Fine Print:29 U.S.C. § 1391: "The amount of an employer's withdrawal liability...shall be computed...as of the end of the plan year preceding the plan year in which the withdrawal occurs"29 U.S.C. § 1393(a)(1): "actuarial assumptions and methods which...offer the actuary's best estimate of anticipated experience under the plan"Primary Cases:National Retirement Fund v. Metz Culinary Management (2020): Second Circuit held actuarial assumptions for withdrawal liability must exist by measurement date; automatic rollover applies absent timely changesConcrete Pipe & Products v. Construction Laborers Pension Trust (1993): Withdrawal liability creates "fixed and certain debt"; actuarial determinations receive presumption of correctness due to professional constraints and statutory requirements

Wolford v. Lopez | Case No. 24-1046 | Docket Link: HereQuestion Presented: Whether the Ninth Circuit erred in holding that Hawaii may presumptively prohibit concealed carry permit holders from carrying handguns on private property open to the public without property owner express permission.Overview: Post-Bruen constitutional challenge to Hawaii's affirmative-consent requirement for carrying firearms on private property open to public creates circuit split over intersection of Second Amendment rights and traditional property law principles.Posture: District court enjoined law; Ninth Circuit reversed, creating conflict with Second and Third Circuits.Main Arguments:• Petitioner: (1) Carrying firearms on private property open to public falls within Second Amendment's plain text protection; (2) Hawaii's presumptive prohibition effectively abolishes public carry rights through property law circumvention; (3) Colonial and Reconstruction-era scattered laws fail to establish sufficient historical tradition under Bruen framework• Respondent: (1) Second Amendment never protected armed entry onto private property without owner consent under English common law inheritance; (2) Hawaii's law vindicates fundamental property owners' right to exclude rather than restricting Second Amendment rights; (3) Multiple colonial and Reconstruction-era historical analogues constitute "dead ringers" supporting Hawaii's approach requiring express consentImplications: Petitioner victory establishes robust Second Amendment protection in privately-owned publicly-accessible spaces, potentially invalidating similar post-Bruen restrictions across multiple states and expanding public carry rights significantly. Respondent victory permits states to circumvent direct gun control restrictions through property law mechanisms, enabling broader firearms regulations while preserving traditional property rights and potentially creating complex patchwork of varying consent requirements across jurisdictions affecting everyday carry practices.The Fine Print:• H.R.S. § 134-9.5(b): "No person shall carry or possess a firearm on any private property unless that person has been given express authorization by the property owner or the owner's authorized agent through unambiguous written or verbal authorization or clear and conspicuous signage"• Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"Primary Cases:• NYSRPA v. Bruen (2022): Second Amendment protects individual right to carry handguns publicly for self-defense; government restrictions must demonstrate consistency with historical tradition of firearm regulation rather than interest-balancing approach• Cedar Point Nursery v. Hassid (2021): Property owners possess fundamental right to exclude others from their premises, constituting "one of the most treasured rights of property ownership" requiring government compensation for regulatory takings

CSX Galette v. NJ Transit Corp. | Argument Date: 1/14/26 | Docket Link: Here Consolidated with CSX NJ Transit Corp. v. Colt | Argument Date: 1/14/26 | Docket Link: HereQuestion Presented: Whether the New Jersey Transit Corporation functions as an arm of the State of New Jersey for interstate sovereign immunity purposesOverview: NJ Transit claims sovereign immunity after bus injured passenger in Philadelphia, raising fundamental federalism questions about state power to extend constitutional immunity to state-created corporations while disclaiming their debts and liabilities.Posture: Pennsylvania Supreme Court reversed lower courts, holding NJ Transit qualifies as state arm based on statutory mission and structure.Main Arguments:• NJ Transit (Petitioner): (1) New Jersey's legislative designation of public transportation as "essential governmental function" deserves federal deference and establishes instrumentality status; (2) Governor's appointment, for-cause removal, and veto powers demonstrate sufficient state control; (3) Substantial state subsidies (15-40% of operating budget) create practical financial interdependence implicating state treasury despite formal liability disclaimer• Galette (Respondent): (1) Founding-era bright-line rule denied sovereign immunity to all corporations liable for own judgments regardless of state ownership, control, or purpose; (2) Treasury factor proves dispositive because New Jersey statute explicitly disclaims legal liability for NJ Transit debts, eliminating state treasury exposure; (3) Corporate structure with sue-and-be-sued powers, operational independence, and commercial transportation function demonstrates legal separateness from stateImplications: NJ Transit victory allows states to extend sovereign immunity to state-created corporations operating across state lines while disclaiming their liabilities, potentially shielding transit authorities, universities, and development agencies nationwide from sister-state court jurisdiction. Galette victory reinforces Founding-era corporate separateness doctrine and makes treasury factor controlling, requiring actual state legal liability for immunity and limiting state power to manufacture constitutional immunity through entity characterization while maintaining corporate independence and debt disclaimers.The Fine Print:• N.J. Stat. § 27:25-17: "All expenses incurred by the corporation in carrying out the provisions of this act shall be payable from funds available to the corporation...No debt or liability of the corporation shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the State"• Eleventh Amendment: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State"Primary Cases:• Hess v. Port Authority Trans-Hudson Corp. (1994): Treasury factor constitutes "most salient factor" that "homes in on the impetus for the Eleventh Amendment: the prevention of federal-court judgments that must be paid out of a State's treasury"; when evidence on structure and control factors appears mixed, treasury factor becomes dispositive• Bank of United States v. Planters' Bank of Georgia (1824): When government becomes partner in trading company, it "devests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen"; corporate form precluded sovereign immunity regardless of state ownership or control

Little v. Hecox | Oral Argument Date: 1/13/26 | Docket Link: HereConsolidated with West Virginia v. B. P. J. | Oral Argument Date: 1/13/26 | Docket Link: HereQuestion Presented: Whether laws protecting women's sports by limiting participation to biological females violate the Equal Protection Clause of the Fourteenth AmendmentOverview: Consolidated cases challenging Idaho's categorical ban and West Virginia's Save Women's Sports Act generate Supreme Court's first major ruling on transgender athletics after Skrmetti reshaped constitutional sex discrimination analysis.Posture: Multiple circuit splits; Little preliminarily enjoined (Ninth Circuit), West Virginia reversed (Fourth Circuit); proceedings stayed pending review.Main Arguments:• Petitioners (Idaho/West Virginia): (1) Constitutional "sex" means objective biological reality, not subjective gender identity; (2) Rational basis review applies to definitional challenges about meaning of "female"; (3) Skrmetti forecloses proxy discrimination claims targeting biology-based classificationsUnited States (as Amicus Curiae in Support of Petitioners): (1) Equal Protection permits sex-separated athletics based on constitutional history; (2) Biology-based classifications address competitive fairness, not discriminatory animus; (3) Skrmetti forecloses proxy discrimination claims• Respondents (Hecox/B.P.J.): (1) Categorical exclusions constitute traditional sex discrimination triggering heightened scrutiny; (2) Transgender status qualifies as quasi-suspect classification warranting judicial protection; (3) Individual assessment required under VMI rather than blanket exclusionsImplications:Petitioners' victory establishes broad state authority over sex-separated activities using biological definitions, potentially affecting employment discrimination, housing rights, and educational access beyond sports.Respondent victory extends heightened constitutional protection to transgender individuals, requiring individualized consideration rather than categorical exclusions and potentially invalidating similar laws across twenty-six states.Ruling will clarify whether Skrmetti's restrictive constitutional framework applies beyond medical treatment contexts and resolve circuit split on Title IX interpretation.The Fine Print:• Fourteenth Amendment § 1: "No State shall...deny to any person within its jurisdiction the equal protection of the laws"• Idaho Code § 33-6203(3): "Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex"• W. Va. Code § 18-2-25d(c)(2): Female teams "shall not be open to students of the male sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport"Primary Cases:• United States v. Skrmetti (2025): Constitutional sex classifications analyze biological differences rather than gender identity; laws addressing medical procedures and age restrictions don't trigger heightened scrutiny based on transgender status• United States v. Virginia (VMI) (1996): Sex-based exclusions require exceedingly persuasive justification under intermediate scrutiny; categorical rules must account for individual capabilities rather than statistical generalizations

This episode:Analyzes the Supreme Court's blockbuster end to the 2024-2025 term, covering the final nine opinions and examining patterns across all 61 cases decided this term.Explores the dramatic Friday release where cases "trickled out slowly" due to lengthy dissents read from the bench, dive into comprehensive term statistics, and conduct an in-depth analysis of Justice Barrett's methodological approach in Trump v. CASA—particularly her heavy reliance on historical sources versus textual analysis.Concludes with analysis of seven landmark cases the Court agreed to hear for next term, including a billion-dollar copyright battle over internet piracy (Cox v. Sony Music), a campaign finance showdown (National Republican Senatorial Committee v. FEC), and disputes over federal removal deadlines, private rights of action, and criminal fugitive tolling that could reshape fundamental areas of American law. June 30 Order List: Here.Episode HighlightsFinal Week Patterns: June 27th saw uniform 6-3 splits with conservative dominance, while June 26th showed more fractures with 5-4 and 6-3 divisionsTerm Overview: 61 total cases decided with a 70% reversal rate, demonstrating the Court's role as an error-correction mechanismVoting Consensus: 43% of cases decided unanimously (26 cases), showing remarkable agreement despite ideological divisionsBarrett's Methodology: Deep dive into her historical originalism approach in Trump v. CASA versus her typical textualist methods in other casesNew Cert Grants: Overview of the 7 new cases SCOTUS agreed to hear.Key Justice Statistics (2024-2025 Term)The Justices wrote 5 Per Curiam opinions.Justice Roberts: Authored or joined 59 opinions, authored or joined 1 concurrences and authored or joined 2 dissents.Justice Thomas: Authored or joined 47 opinions, authored or joined 21 concurrences and authored or joined 14 dissents.Justice Alito: Authored or joined 47 opinions, authored or joined 21 concurrences and authored or joined 14 dissents.Justice Sotomayor: Authored or joined 45 opinions, authored or joined 11 concurrences and authored or joined 13 dissents.Justice Kagan: Authored or joined 51 opinions, authored or joined 2 concurrences and authored or joined 9 dissents.Justice Gorsuch: Authored or joined 42 opinions, authored or joined 6 concurrences and authored or joined 12 dissents.Justice Kavanaugh: Authored or joined 57 opinions, authored or joined 9 concurrences and authored or joined 3 dissents.Justice Barrett: Authored or joined 54 opinions, authored or joined 10 concurrences and authored or joined 5 dissents.Justice Jackson: Authored or joined 41 opinions, authored or joined 12 concurrences and authored or joined 17 dissents.Referenced CasesTrump v. CASA (universal injunctions)Grupo Mexicano (historical equity test)Louisiana v. Callais (relisted case)Esteras v. United States (criminal sentencing)Medical Marijuana v. Horn (statutory interpretation)FDA v. R.J. Reynolds (administrative law)New Cert Grants:M & K Employee Solutions, LLC, et al. v. Trustees of the IAM National Pension Fund | Case No. 23-1209 | Docket Link: Here.Cox Communications, Inc., et al. v. Sony Music Entertainment, et al. | Case No. 24-171 | Docket Link: Here.FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al. | Case No. 24-345 | Docket Link: Here.Douglas Humberto Urias-Orellana, et al. v. Bondi | No. 24-777 | Docket Link: Here.Enbridge Energy, LP, et al. v. Dana Nessel, Attorney General of Michigan, on Behalf of the People of the State of Michigan | Case No. 24-783 | Docket Link: Here.Isabel Rico v. United States | Case No. 24-1056 | Docket Link: Here.National Republican Senatorial Committee, et al. v. Federal Election Commission, et al. | Case No. 24-621 | Docket Link: Here.Source cited:Mark Walsh, Closing the book on the term, SCOTUSblog (Jun. 27, 2025, 7:15 PM), https://www.scotusblog.com/2025/06/closing-the-book-on-the-term/Timestamps:[00:00:00] Introduction[00:02:13] June 27th Opinions[00:03:20] June 26th Opinions[00:04:30] Term in Review[00:09:48] Trump v. CASA Deep Dive: Justice Barrett's Approach[00:13:40] Comparing Justice Barrett's Methodology Across this Term[00:17:00] Grupo Mexicano Heavily Influenced Justice Barrett[00:19:42] Comparison of Oral Arguments to Opinion[00:29:33] June 30th Cert Grants[00:29:41] Cert Grant: M & K Employee Solutions[00:30:36] Cert Grant: Cox Communications v. Sony Music Entertainment[00:32:16] Cert Grant: FS Credit v. Saba Capital Master Fund[00:33:59] Cert Grant: Enbridge Energy v. Nessel[00:38:35] Cert Grant: Urias-Orellana v. Bondi[00:38:48] Cert Grant: Rico v. United States[00:39:56] Cert Grant: Senate Committee on Ethics v. FEC[00:41:22] Conclusion

Trump v. Cook | Argument Date: 1/21/26 | Docket Link: HereQuestion Presented: Whether Federal Reserve Board governors possess Fifth Amendment property rights in their offices and whether "for cause" removal authority permits presidential removal based on pre-office conduct.Overview: President Trump's 30-minute ultimatum removal of Fed Governor Cook over mortgage misrepresentations creates unprecedented constitutional crisis testing presidential power against central bank independence and due process rights.Posture: D.C. Circuit denied emergency stay by 2-1 vote; Governor Cook continues serving pending appeal.Main Arguments:• Trump (Petitioner): (1) Federal offices constitute no Fifth Amendment property interest under longstanding precedent; (2) "For cause" permits broad removal discretion for misconduct affecting fitness including pre-office conduct; (3) Presidential removal determinations remain unreviewable by courts absent explicit congressional authorization• Cook (Respondent): (1) Tenure-protected officers possess constitutionally protected property interest requiring pre-removal hearing under Loudermill; (2) "For cause" historically limited to in-office conduct under 1913/1935 statutory backdrop; (3) Judicial review prevents presidential circumvention of congressional restrictions protecting agency independenceImplications: Trump victory eliminates due process protections for principal officers while expanding presidential control over independent agencies through discretionary "for cause" interpretations. Cook victory establishes constitutional hearing requirements for tenure-protected removal while constraining presidential authority to politicize Federal Reserve monetary policy decisions affecting national economic stability.The Fine Print:• 12 U.S.C. § 242: "Any member of the Board may be removed for cause by the President"• Fifth Amendment: "No person shall be...deprived of life, liberty, or property, without due process of law"Primary Cases:• Cleveland Board of Education v. Loudermill (1985): Tenure-protected public employees possess property interest in continued employment requiring pre-termination notice and hearing opportunity• Taylor v. Beckham (1900): Political offices constitute no property rights protected by Due Process Clause; removal from office triggers no constitutional process requirements

Chevron USA Inc. v. Plaquemines Parish | Oral Argument Date: 1/12/26 | Docket Link: Here Question Presented: Whether a causal-nexus or contractual-direction test survives the 2011 amendment to the federal-officer removal statuteOverview: Oil companies that fueled WWII fighter planes face $744.6 million in state court verdicts for 80-year-old production methods, creating unprecedented federal contractor liability exposure with massive removal jurisdiction implications.Posture: Fifth Circuit denied en banc rehearing by narrow 7-6 vote after split panel affirmed remand.Main Arguments:• Chevron (Petitioner): (1) 2011 amendment eliminated causal-nexus requirement through "relating to" language expansion; (2) Fifth Circuit improperly reinstated contractual-direction test rejected by other circuits; (3) Oil production activities directly connected to federal avgas contracts through pricing terms and wartime regulations• Louisiana (Respondent): (1) No genuine circuit split exists among courts applying "connection or association" standard; (2) Case lacks national importance beyond fact-specific contractor disputes; (3) Federal contracts remained silent about production methods, requiring sufficient connection between challenged conduct and federal directivesImplications: Chevron victory expands federal contractor protection from state court liability for activities connected to federal work, potentially encouraging emergency contracting. Louisiana victory maintains state environmental enforcement authority while exposing federal contractors to massive local jury verdicts for wartime activities.The Fine Print:• 28 U.S.C. § 1442(a)(1): "A civil action...commenced in a State court against...any officer (or any person acting under that officer) of the United States...for or relating to any act under color of such office...may be removed"• State and Local Coastal Resources Management Act: Requires compliance with environmental standards for oil and gas operations in Louisiana coastal zonePrimary Cases:• Latiolais v. Huntington Ingalls, Inc. (5th Cir. 2020): Post-2011 amendment abandoned "causal nexus" test, replacing with "connected or associated with" standard demonstrating expanded federal-officer removal scope• Watson v. Philip Morris Cos. (4th Cir. 2007): Federal contractor removal permitted without explicit contractual direction for challenged conduct, supporting broad interpretation of "relating to" language

OVERVIEWDecember delivered constitutional chaos with two emergency Supreme Court cases and a preview of January's landmark docket. From federal agents facing $10,000 bounties in Chicago to immigration judges exposing government corruption, plus six blockbuster cases that could reshape American law for decades.Featured Cases:• Trump v. Illinois - Presidential emergency powers meet federalism• Margolin v. NAIJ - Immigration judges challenge speech restrictions• January Preview - Six constitutional blockbusters including transgender sports, gun rights, and executive authorityChevron v. Plaquemines - $744M WWII contractor liabilityLittle v. Hecox - Idaho transgender sports ban vs. equality rightsCSX Galette v. NJ Transit - State corporation sovereign immunityWolford v. Lopez - Hawaii gun permits vs. Second AmendmentM&K Employee Solutions v. IAM - $4.4M pension timing disputeTrump v. Cook - Presidential removal of Fed GovernorKey Moments:• Supreme Court denies emergency stays in both cases within one week• Federal agents operate under bounties during immigration enforcement• Fourth Circuit orders discovery into corrupted government complaint systems• January docket threatens to reshape constitutional rights for a generationEpisode Highlights:• $10,000 bounties placed on federal immigration officers• Texas National Guard deployed to Illinois over state objections• Immigration judges may bypass internal procedures to challenge speech restrictions• Six January cases spanning Second Amendment, transgender equality, sovereign immunity, executive authority, pension law, and WWII contractor liability• Constitutional decisions affecting daily life from mortgage rates to athletic participationStakes: These cases determine the balance between presidential emergency powers and federalism, federal employee speech rights versus government control, and fundamental constitutional protections that affect millions of Americans.Major Questions:• Can presidents deploy military domestically without meeting rebellion standards?• Can government silence employees then force them through corrupted complaint processes?• Will January cases reshape constitutional law for the next thirty years?Bottom Line: December's emergency cases and January's preview demonstrate how Supreme Court decisions directly impact daily American life - from federal law enforcement to mortgage rates to constitutional rights.Call to Action: Share this episode with someone who thinks Supreme Court cases don't affect daily life - because these decisions determine everything from your mortgage rate to fundamental constitutional protections.Connect:• Apple Podcasts, Spotify, YouTube: Search "The High Court Report"• LinkedIn: @TheHighCourtReport• Questions: LinkedIn or Email (scotus.cases.pod@gmail.com)

This week, we'll air throwback episodes. Each episode will relate to the current cases.Today's case is United States v. Skrmetti. I chose this case to segue into the 2026 Supreme Court calendar. In January, the Supreme Court hears two transgender cases that in some ways offshoot from Skrmetti. Here are a few details on these cases. We'll be sure to preview these cases soon. Also, check out our July 7th Roundup episode for more details.Transgender Sports CasesLittle v. Hecox (Idaho) | Case No. 24-38 | Docket Link: HereBackground: Idaho's "Fairness in Women's Sports Act" banning transgender women from women's sports teamsKey Player: Lindsay Hecox, transgender student at Boise State UniversityNinth Circuit Reasoning: Applied heightened scrutiny; found likely Equal Protection violationsPost-Skrmetti Impact: How the medical treatment precedent affects sports participationWest Virginia v. B.P.J. | Case No. 24-43 | Docket Link: HereBackground: West Virginia's H.B. 3293 categorical sports banKey Player: B.P.J., 14-year-old transgender student with amended birth certificateUnique Factors: Puberty blockers, competitive performance, individual circumstancesFourth Circuit's Approach: Case-by-case analysis vs. categorical rulesStrategic Litigation: Why B.P.J. argued for waiting on Skrmetti decisionHere's the background on United States v. Skrmetti.Tennessee enacted Senate Bill 1 (SB1) in 2023, prohibiting healthcare providers from prescribing puberty blockers or hormones to minors for treating gender dysphoria or helping them transition, while still allowing these treatments for other medical conditions like congenital defects or precocious puberty. Three transgender minors, their parents, and a doctor sued under the Equal Protection Clause, with a district court initially blocking the law after finding transgender individuals deserve heightened constitutional protection. The Sixth Circuit reversed, ruling the law only needed to meet the lowest constitutional standard (rational basis review), prompting the Supreme Court to take the case.The Supreme Court ruled 6-3 that Tennessee's ban on gender-affirming medical treatments for transgender minors does not violate the Equal Protection Clause because the law classifies based on age and medical use rather than sex or transgender status, requiring only rational basis review which the law satisfies.Analysis (3 sentences): The Court rejected arguments that the law discriminates based on sex, finding that it applies equally to all minors regardless of biological sex and merely removes certain diagnoses from treatable conditions—similar to how pregnancy-related exclusions don't automatically constitute sex discrimination under precedent like Geduldig v. Aiello. The majority applied the lowest level of constitutional scrutiny (rational basis review), deferring to Tennessee's legislative judgment about protecting minors from potentially harmful medical treatments in an area of scientific uncertainty. The dissenters argued the law clearly discriminates against transgender individuals and should face heightened constitutional scrutiny, warning that the majority's approach undermines equal protection for vulnerable minorities and ignores the real-world impact of denying medically necessary care.

This week, we'll air throwback episodes. Each episode will relate to the current cases.Today's episode is FEC v. Cruz. I chose this case for the interplay with a case this term, NRSC v. FEC. Listen to the arguments regarding standing, free speech, and political corruption. Here's the story of FEC v. Cruz.Senator Ted Cruz loaned $260,000 to his 2018 reelection campaign, but federal law limits candidates to recovering only $250,000 from post-election contributions, leaving Cruz unable to recover the final $10,000. Cruz and his campaign committee sued the Federal Election Commission, arguing this loan repayment restriction in the Bipartisan Campaign Reform Act violates the First Amendment by deterring candidates from self-funding their campaigns. The case centered on whether limiting post-election contributions for loan repayment serves a legitimate anti-corruption purpose or unconstitutionally burdens political speech.The Supreme Court ruled 6-3 that the federal law limiting candidates to recovering $250,000 in personal loans from post-election contributions violates the First Amendment because the government failed to prove this restriction prevents actual corruption or its appearance.The Court applied strict scrutiny to this campaign finance restriction, requiring the government to demonstrate the law prevents "quid pro quo" corruption with actual evidence rather than mere speculation—which the FEC could not provide despite most states having no such limits. The majority emphasized that restricting loan repayment creates barriers to entry for new candidates and challengers who rely on personal loans to fund competitive campaigns. The dissenters argued the majority was too demanding in requiring concrete evidence of corruption, warning that weakening campaign finance laws could increase the influence of wealthy donors and undermine electoral integrity.

Episode Throwback: The Levers of PowerCase: Trump v. United States | Case No. 23-939 | Docket Link: 23-939Context & ConnectionThis week, we revisit the 2024 landmark ruling on Presidential immunity to provide context for our current coverage of Trump v. Slaughter and Trump v. Cook. These cases collectively explore the boundaries of Article II authority: (1) when can the President fire a person without cause when Congress permitted the person's firing only for cause; and (2) when can courts second guess the President's for cause determinations. The Immunity FrameworkIn a 6-3 ruling in favor of presidential immunity, the Supreme Court established a three-tiered hierarchy for evaluating the criminal prosecution of a former President:Core Constitutional Powers: The President possesses absolute immunity for actions falling within his "conclusive and preclusive" constitutional authority (e.g., the pardon power, veto power, or recognition of foreign nations).Official Acts: The President is entitled to presumptive immunity for all other official acts within the "outer perimeter" of his responsibilities. The government must prove that prosecution would pose no danger of intrusion on the Executive Branch's function to rebut this.Unofficial Acts: The President holds no immunity for unofficial, private conduct.Analysis: The "Pall of Prosecution" vs. The Rule of LawThe Majority Opinion (Roberts): The Court prioritized the "energetic executive," arguing that the threat of future prosecution would "chill" a President's ability to make bold, split-second decisions. By citing Fitzgerald and Youngstown, the Court emphasized that the Executive must be able to manage the Justice Department without judicial "second-guessing" of motives.The Evidentiary Bar: Crucially, the Court ruled that in a prosecution for unofficial acts, the Government cannot introduce evidence of official acts (such as private conversations with advisors) to prove the President's intent or context. This creates a significant "evidentiary shield" that complicates the prosecution of private conduct.The Dissents (Sotomayor & Jackson): Justice Sotomayor issued a stark warning, arguing the decision creates a "law-free zone" around the President. She contended that the majority's focus on "chilling" presidential action ignores the greater danger of an "insulated" President who can use the tools of the state (like the military or DOJ) to commit crimes with impunity. Justice Jackson focused on the "interbranch accountability" gap, noting that the ruling shifts the power to determine criminal liability from the law to the Judiciary's ad hoc classification of "official" vs. "unofficial."First in History: This was the first time in the 235-year history of the United States that the Supreme Court addressed whether a former President is immune from federal criminal prosecution for actions taken while in office.A Divided Bench: The ruling fell along a 6-3 split, reflecting a deep ideological divide regarding the "Unitary Executive" theory and the structural protections of Article II.

This week, we'll air throwback episodes. Each episode will relate to the current cases.Today's case is Biden v. Nebraska. I chose this case due to the statutory interpretation parallels with the Trump Tariff Cases. When listening, pay close attention to the justices' ways to decipher text and how the major questions doctrine plays into their thinking.Here's the story of Biden v. Nebraska:The Biden Administration tried to cancel $430 billion in student loan debt under the HEROES Act, claiming emergency powers from COVID-19 justified forgiving up to $20,000 per borrower. Six states sued, arguing the Education Secretary exceeded his legal authority to make such massive loan forgiveness without explicit congressional approval. The case reached the Supreme Court after lower courts blocked the program with a nationwide injunction.The Supreme Court ruled 6-3 that the HEROES Act does not give the Education Secretary authority to cancel $430 billion in student loans, because the power to "waive or modify" existing law cannot be stretched to completely rewrite federal student loan programs.The Court applied the "major questions doctrine," requiring clear congressional authorization when agencies claim power over issues of vast economic and political significance—here affecting 43 million borrowers and costing nearly half a trillion dollars. The majority distinguished between modest administrative adjustments (which the HEROES Act allows) and fundamental program overhauls (which require explicit congressional approval). The dissenters argued the majority was improperly second-guessing expert agency judgment and that emergency powers should be read more broadly during genuine national crises like the pandemic.

This week, we'll air throwback episodes. Each episode will relate to the current cases.In this case, Twitter claimed that federal law shielded them from liability for terrorists who used their platform for terrorist acts. I chose this case because it relates to arguments that Cox raised in Cox v. Sony Music Entertainment. In Cox, Cox argued that this case, Twitter v. Taamneh, created heightened proof necessary to establish liability for its' users actions.Here's the story of Twitter v. Taamneh:Families of victims killed in a 2017 ISIS terrorist attack at the Reina nightclub in Istanbul sued Twitter, Facebook, and Google under federal anti-terrorism law, claiming these social media companies aided and abetted ISIS by allowing the terrorist group to use their platforms for recruitment, fundraising, and propaganda while profiting from advertisements placed on ISIS content. The plaintiffs argued that the companies' recommendation algorithms actively promoted ISIS content to users likely to engage with it, and that the companies failed to adequately remove ISIS-related accounts and content despite knowing about their presence. The Ninth Circuit allowed the lawsuit to proceed, but the social media companies appealed to the Supreme Court.The Supreme Court unanimously reversed, ruling that the plaintiffs failed to state a valid claim for aiding and abetting liability because the social media companies' general provision of platforms and passive failure to remove ISIS content did not constitute the "knowing and substantial assistance" required under federal law.The Court applied the Halberstam framework, which requires defendants to consciously participate in specific wrongful acts—meaning companies must actively help with particular terrorist attacks, not just allow terrorists to use their platforms like any other users. The Court distinguished between active misconduct (which creates liability) and passive failure to act (which generally does not), ruling that simply allowing ISIS to use social media platforms without special treatment amounts to passive inaction rather than culpable assistance. This decision protects communication providers from automatic liability for knowing that bad actors use their services, instead requiring evidence of intentional participation in specific terrorist acts.

OverviewThis episode delivers post-oral argument analysis and predictions for three major Supreme Court cases heard during the December 2025 argument session. We break down the key exchanges, judicial fault lines, and likely outcomes in National Republican Senatorial Committee v. FEC (campaign finance limits), Hamm v. Smith (intellectual disability determinations in death penalty cases), and FS Credit v. Saba (implied private rights of action in securities law).NRSC v. FEC: Campaign Finance Revolution• JD Vance standing issues and Article III requirements• Chief Justice Roberts challenges coordinated expenditure "fictions"• Justice Kagan's systematic dismantling of Republican arguments• Super PAC dominance versus party strength dynamics• Justice Alito's revealing "who benefits" questionHamm v. Smith: Life-or-Death IQ Determinations• Joseph Smith's brutal 1997 murder and five IQ test scores (75, 74, 72, 78, 74)• Alabama's collective scoring approach versus federal holistic evaluation• Chief Justice Roberts' "results-oriented" methodology critique• Justice Jackson's clinical expertise emphasis• Solicitor General's compromise "circle back" approachFS Credit v. Saba: Securities Law Private Enforcement• Activist investor challenges to fund management poison pills• Justice Kavanaugh as potential swing vote on "anomalous" state court outcomes• Legislative history debate between Sotomayor and textualists• Justice Gorsuch's separation of powers concerns• Practical implications for investment fund governanceEpisode HighlightsCampaign Finance Revelations:• Chief Justice Roberts: "I don't know in substance what the difference is" between coordinated expenditures and direct contributions• Justice Kagan's methodical exposure of existing circumvention loopholes• Republican counsel's admission about partisan fundraising advantagesDeath Penalty Constitutional Stakes:• Chief Justice Roberts challenging Alabama's statistical consistency• Justice Jackson emphasizing clinical complexity over mechanical score-counting• Three-way methodological split among Alabama, Smith, and federal governmentSecurities Law Enforcement:• Justice Kavanaugh's practical concerns about "very bizarre" state court relegation• Paul Clement's "nugatory statute" argument about defensive-only interpretation• Justice Gorsuch's emphasis on separation of powers in implied rights creationHost Predictions:• NRSC wins 6-3 (Thomas, Alito, Kavanaugh plus Roberts, Barrett, Gorsuch)• Hamm adopts Solicitor General's compromise approach• Saba wins 5-4 with Justice Barrett as deciding vote

Hamm v. Smith | Case No. 24-872 | Oral Argument Date: 12/10/25 | Docket Link: HereQuestion Presented: When someone takes multiple IQ tests to prove intellectual disability in a capital case, do courts look at all the scores together, or can one low score alone save their life?OverviewThe Supreme Court will decide whether courts must evaluate multiple IQ scores collectively or whether a single qualifying score triggers constitutional protection in death penalty cases. This decision affects hundreds of current death row inmates and reshapes capital litigation nationwide.Oral Advocates:For Petitioner (Hamm): Robert M. Overing, Principal Deputy Solicitor General, Montgomery, Alabama argued for Petitioner Hamm. United States as Amicus Curaie in Support of Petitioner: Harry Graver, Assistant to the Solicitor General, Department of Justice. For Respondent (Smith): Seth P. Waxman, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Oral Argument Preview[00:01:28] Oral Argument Begins[00:01:43] Petitioner Opening Statement[00:03:58] Petitioner Free for All Questions[00:20:43] Petitioner Round Robin Questions[00:44:36] United States as Amicus Curiae Opening Statement[00:45:47] United States Free for All Questions[00:55:27] United States Round Robin Questions[01:21:13] Respondent Opening Statement[01:24:00] Respondent Free for All Questions[01:51:28] Respondent Round Robin Questions[02:01:18] Petitioner Rebuttal

FS Credit v. Saba | Fund Feud: Forcing Fiduciary Fairness Through Federal Lawsuits | Argument Date: 12/10/25 | Docket Link: HereQuestion Presented: Whether Section 47(b) of the Investment Company Act of 1940 gives private plaintiffs a federal cause of action to seek rescission of contracts that allegedly violate the Act.OverviewThe Supreme Court will decide whether activist investors can sue investment funds directly in federal court when funds adopt governance provisions that allegedly violate federal securities law. Four closed-end funds adopted Maryland Control Share Acquisition Act provisions to strip voting rights from shareholders acquiring more than 10% ownership, prompting Saba Capital to seek rescission under Section 47(b) of the Investment Company Act. The case creates a fundamental clash over private enforcement of securities laws versus exclusive SEC regulatory authority, with implications for millions of Americans who invest in mutual funds and closed-end funds.Question Presented:Oral Advocates:For Petitioner (FS Credit) and Respondents (BlackRock): Shay Dvoretzky, Washington, D.C. United States as Amicus Curiae in Support of Petitioners: Max E. Schulman, Assistant to the Solicitor General, Department of JusticeFor Respondent: Paul D. Clement, Alexandria, VALink to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Oral Argument Preview[00:01:23] Oral Argument Begins[00:01:36] Petitioner Opening Statement[00:03:40] Petitioner Free for All Questions[00:19:29] Petitioner Round Robin Questions[00:30:53] United States as Amicus Curiae Opening Statement[00:32:17] United States Free for All Questions[00:42:11] United States Round Robin Questions[00:46:27] Respondent Opening Statement[00:48:55] Respondent Free for All Questions[01:16:48] Respondent Round Robin Questions[01:16:58] Petitioner Rebuttal

Summary:Analysis of the December 8, 2025 Supreme Court oral arguments in Trump v. Slaughter, examining how the justices signaled their likely approach to presidential removal power and independent agencies.Key Topics Covered:1. Chief Justice Roberts' Strategic QuestioningFocused on workability and implementation detailsChallenged quality of precedents supporting Slaughter's positionUnusual volume of questions suggests engagement with Trump's arguments2. Justice Sotomayor's Stare Decisis DefenseMounted strongest defense of Humphrey's Executor (1935)Emphasized 90-year precedential historyQuestioned Court's willingness to overturn longstanding constitutional precedent3. Predicted 6-3 Ruling for TrumpCourt's emergency docket orders already revealed likely outcomeThree-step analysis: presidential removal power + FTC executive authority + distinguish/overrule Humphrey's4. Competing Predictions About ImpactSlaughter's team: regulatory chaos, undermined business planningTrump's team: "sky did not fall" in previous agency restructurings5. The "Faithful Execution" ThreadJustice Gorsuch's devastating questioning about Take Care ClauseExposed contradiction in Slaughter's constitutional theory"Ruinous fines" vs. misdemeanor enforcement distinction crumbles6. The Defense Department ProblemCongress could restructure Cabinet departments as protected commissionsSlaughter's logic threatens executive unity across governmentNo limiting principle to prevent wholesale agency insulationBonus: Trump v. United States Framework"Conclusive and preclusive" authority test from immunity caseBoth sides weaponized language for removal power debateConstitutional framework that shaped entire argumentNext Episode: Analysis of post-argument developments and decision timeline

NRSC v. FEC | Money, Messaging, and Muzzling: The First Amendment Fight Over Party Coordination | Argument Date: 12/9/15 | Docket Link: HereQuestion Presented: Whether the First Amendment permits limits on the amount of money that the national committee of a political party may contribute to political candidates in the form of coordinated expenditures.OverviewThis oral argument involves National Republican Senatorial Committee versus Federal Election Commission, a landmark campaign finance case that could fundamentally reshape how political parties operate in federal elections, featuring the extraordinary situation where the Federal Election Commission itself now agrees with the challengers that coordinated party expenditure limits violate the First Amendment. The case centers on limits that cap how much money party committees can spend in coordination with their candidates, creating a constitutional clash over political speech rights and anti-corruption measures. With the government switching sides post-election, the Court appointed an outside lawyer to defend the law while Democratic Party committees intervened to provide the opposition the case desperately needed.Oral Advocates:For Petitioner (NRSC): Noel J. Francisco, Washington, D.C., argued for Petitioners NRSC. For Respondents in Support of Petitioners (FEC): Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, argued in support of NRSC. Court-Appointed Amicus Curiae in Support of the Judgment Below: Roman Martinez, Washington, D.C. For Intervenor (DNC): Marc E. Elias, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Oral Argument Preview[00:02:28] Oral Argument Begins[00:02:38] Petitioner Opening Statement[00:04:39] Petitioner Free for All Questions[00:18:19] Petitioner Round Robin Questions[00:48:54] United States in Support of Petitioner Opening Statement[00:50:08] United States Free for All Questions[01:05:22] United States Round Robin Questions[01:19:53] Court Appointed Amicus Curiae Opening Statement[01:22:17] Court Appointed Amicus Curiae Free for All Questions[01:38:08] Court Appointed Amicus Curiae Round Robin Questions[01:44:55] DNC As Intervenors Opening Statement[01:46:17] DNC As Intervenors Free for All Questions[02:00:05] DNC As Intervenor Round Robin Questions[02:09:51] Petitioner Rebuttal

Trump v. Slaughter | Presidential Power Play : Trump's Total Takedown of Independent Agencies | Case No. 25-332 | Oral Argument Date: 12/8/25 | Docket Link: HereQuestion Presented: Whether Congress can require the President to show cause before removing commissioners of independent agencies, or whether Article II grants the President absolute removal power over all executive officers.OverviewPresident Trump removed FTC Commissioner Rebecca Slaughter without cause, challenging the constitutional foundation of independent agencies. The Court confronts whether two dozen independent agencies that control $47 trillion in economic activity can maintain protection from at-will presidential removal.Oral Advocates:For Petitioner (Trump): D. John Sauer, Solicitor General, Department of Justice. For Respondent (Slaughter): Amit Agarwal, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Oral Argument Preview[00:02:03] Oral Argument Begins[00:02:11] Petitioner Opening Statement[00:04:06] Petitioner Free for All Questions[00:27:29] Petitioner Round Robin Questions[01:05:33] Respondent Opening Statement[01:08:00] Respondent Free for All Questions[01:37:09] Petitioner Round Robin Questions[02:29:03] Petitioner Rebuttal

OverviewThis episode updates on four major cases granted certiorari by the Supreme Court on December 5th, 2025, following Friday's episode. The cases span constitutional citizenship rights, federal court jurisdiction, criminal procedure, and arbitration law, representing some of the most significant legal questions facing the Court this term.RoadmapOpening: December 5th Cert Grants• Four cases granted certiorari in one day• Focus on birthright citizenship case that drew most attention• Brief coverage of three additional jurisdictional casesTrump v. Barbara: The Birthright Citizenship Case• Background from Trump v. CASA oral arguments• Chief Justice Roberts' comments about expedited review• Executive Order 14,160 targeting children of unauthorized immigrants and temporary visitors• Multiple district court injunctions blocking the orderThree Additional Cases• T.M. v. University of Maryland Medical System Corporation (Rooker-Feldman doctrine)• Abouammo v. United States (venue and statute of limitations)• Jules v. Balazs Properties (post-arbitration federal jurisdiction)Episode Highlights• Constitutional urgency: Chief Justice Roberts' prior comments about moving "expeditiously" now seem prophetic given the Court's cert-before-judgment grant in the birthright citizenship case• Universal injunction aftermath: The CASA decision's limits on universal injunctions created complications that led directly to the Barbara case• Circuit splits galore: All four cases involve significant circuit splits requiring Supreme Court resolution• Jurisdictional themes: Three of the four cases involve fundamental questions about federal court authority and jurisdictionReferenced CasesTrump v. Barbara | Case No. 25-365 | Docket LinkQuestion Presented: Whether the phrase "subject to the jurisdiction thereof" in the Citizenship Clause requires that a person's parents have lawful domicile in the United States at the time of birth.Arguments: Government argues "subject to the jurisdiction" requires political allegiance through lawful domicile and that Wong Kim Ark only applied to permanently domiciled aliens. Respondents defend broad birthright citizenship based on Wong Kim Ark precedent and argue executive order violates federal statute and 130 years of settled law.T.M. v. University of Maryland Medical System Corporation | Case No. 25-197 | Docket LinkQuestion Presented: Whether the Rooker-Feldman doctrine can be triggered by a state-court decision that remains subject to further review in state court.Arguments: T.M. argues doctrine should only apply to final state court judgments based on Section 1257's text and Exxon Mobil precedent. Hospital argues no meaningful circuit split exists and federalism concerns support broader application of doctrine.Abouammo v. United States | Case No. 25-5146 | Docket LinkQuestion Presented: (1) Whether venue is proper in a district where no offense conduct took place, so long as the statute's intent element "contemplates" effects that could occur there. (2) Whether a criminal information unaccompanied by a waiver of indictment is an "information charging a felony" under 18 U.S.C. § 3288.Arguments: Abouammo argues venue should be limited to where essential conduct elements occur and that invalid informations cannot toll limitations periods. Government defends effects-based venue when statutes contemplate such effects and argues Congress deliberately removed waiver requirements from Section 3288.Jules v. Balazs Properties | Case No. 25-365 | Docket LinkQuestion Presented: Whether a federal court that initially exercises jurisdiction and stays a case pending arbitration maintains jurisdiction over a post-arbitration Section 9 or 10 application where jurisdiction would otherwise be lacking.Arguments: Jules argues Badgerow requires independent federal jurisdiction for all post-arbitration motions to prevent forum shopping. Respondents defend "jurisdictional anchor" theory allowing courts that stay cases for arbitration to retain jurisdiction over final motions.

OverviewThis week delivered explosive Supreme Court developments with two unanimous decisions and Texas redistricting ruling reshaping voting rights.The Court reversed Clark versus Sweeney and Pitts versus Mississippi while granting Texas a controversial redistricting stay. Oral arguments revealed deep tensions involving internet liability, immigration law, First Amendment standing, and federal court jurisdiction. Next week promises blockbuster cases addressing presidential power, campaign finance regulations, death penalty standards, and investment law. RoadmapExamine three major Supreme Court actions including two unanimous reversals that reinforce core judicial principles and one explosive redistricting decision that signals the Court's growing skepticism toward racial gerrymandering claims. Analyze this week's oral arguments covering Cox Communications' copyright liability dilemma, the complex standing issues in First Choice Women's Resource Centers versus Platkin, and Justice Jackson's pointed questioning in Olivier versus City of Brandon. Explore the implications of the Abbott decision for Louisiana versus Callais and broader voting rights protections. Preview next week's constitutional showdowns including Trump's challenge to independent agency protections and two death penalty cases that could reshape capital punishment standards.TIMESTAMPS[00:00] Intro[01:17] Two Supreme Court Per Curiam Opinions[04:57] Supreme Court Texas Redistricting Emergency Docket Decision[06:57] Oral Arguments Week in Review[15:30]  Next Week's Blockbuster Cases

Olivier v. City of Brandon | Sidewalk Sermons and Section 1983: The Prospective Relief Puzzle | Argument Date: 12/3/25 | Docket Link: HereOVERVIEWGabriel Olivier, a Christian who shares his faith on public sidewalks, gets convicted under a Mississippi ordinance restricting demonstrations near a city amphitheater. He sues in federal court seeking only prospective relief to prevent future enforcement against his religious expression. The Fifth Circuit blocks his lawsuit entirely under Heck v. Humphrey, but eight judges dissent from denial of rehearing en banc, setting up a Supreme Court showdown over whether prior convictions permanently bar constitutional challenges.Oral Advocates:For Petitioner (Olivier): Allyson N. Ho, Dallas, TXUnited States, as Amicus Curiae Supporting Vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent (City of Brandon): G. Todd Butler, Flowood, MSLink to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Oral Argument Preview[00:01:37] Oral Argument Begins[00:01:47] Petitioner Opening Statement[00:03:42] Petitioner Free for All Questions[00:22:08] Petitioner Round Robin Questions[00:38:31] United States as Amicus Curiae Supporting Vacatur Opening Statement[00:39:46] United States Free for All Questions[00:49:39] United States Free for All Questions[00:55:53] Respondent Opening Statement[00:58:02] Respondent Free for All Questions[01:20:04] Respondent Round Robin Questions[01:21:23] Petitioner Rebuttal

First Choice Women's Resource v. Platkin | Case No. 24-781 | Oral Argument Date: 12/2/25 | Docket Link: HereQuestion Presented:Whether federal courts can hear First Amendment challenges to state subpoenas immediately, or whether challengers must first litigate their constitutional claims in state court.OverviewThis episode examines First Choice Women's Resource Centers versus Platkin, a case that generated a stunning 42 amicus briefs and could fundamentally reshape federal court jurisdiction over state investigatory demands. The Supreme Court will determine whether organizations facing state subpoenas for donor information can immediately challenge those demands in federal court, or whether they must first exhaust state court proceedings - potentially losing their federal forum rights forever due to res judicata.Oral Advocates:For Petitioner (First Choice Women's Resource): Erin M. Hawley, Washington, D.C.For United States as Amicus Curiae: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent (New Jersey): Sundeep Iyer, Chief Counsel to the Attorney General, Trenton, N.J.Timestamps:[00:00:00] Oral Argument Preview[00:01:32] Oral Argument Begins[00:01:50] Petitioner Opening Statement[00:03:55] Petitioner Free for All Questions[00:19:27] Petitioner Round Robin Questions[00:24:43] United States as Amicus Curiae Opening Statement[00:25:25] Amicus Curiae Free for All Questions[00:35:30] Amicus Curiae Round Robin Questions[00:38:09] Respondent Opening Statement[00:40:30] Respondent Free for All Questions[01:08:31] Respondent Round Robin Questions[01:20:41] Petitioner Rebuttal

Urias-Orellana v. Bondi | Asylum Authority Showdown: Cartel Violence and Court Deference | Oral Argument Date: 12/1/25 | Docket Link: HereOverviewIn this case, the Supreme Court must decide whether federal courts must defer to immigration officials when determining if undisputed facts constitute "persecution" under asylum law, or whether courts should make independent legal determinations. The case involves a Salvadoran family who fled years of cartel violence, including death threats and physical attacks, but were denied asylum when the Board of Immigration Appeals concluded their experiences didn't rise to the level of persecution. This decision will affect hundreds of thousands of asylum cases and could reshape the relationship between agency expertise and judicial review in immigration law.Oral Advocates:For Petitioner (Urias-Orellana): For petitioners: Nicholas Rosellini, San Francisco, CAFor Respondent (United States): For respondent: Joshua Dos Santos, Assistant to the Solicitor General, Department of Justice, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00] Oral Argument Preview[01:10] Oral Argument Begins[01:20] Petitioner Opening Statement[03:25] Petitioner Free for All Questions[26:30] Petitioner Round Robin Questions[35:09] Respondent Opening Statement[38:39] Respondent Free for All Questions[54:30] Respondent Round Robin Questions[54:41] Petitioner Rebuttal

Cox Communications, Inc. v. Sony Music Entertainment | The Billion-Dollar Broadband Battle: When ISPs Face Copyright Catastrophe | Oral Argument Date: 12/1/25 | Docket Link: HereQuestions Presented: (1) Did the Fourth Circuit err in holding that a service provider can be held liable for "materially contributing" to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it? (2) Did the Fourth Circuit err in holding that mere knowledge of another's direct infringement suffices to find willfulness under 17 U.S.C. § 504(c)?OverviewThis case involves a billion-dollar battle between industry titans Sony ($175 billion market cap) and Cox Communications (part of $21 billion Cox Enterprises) that could fundamentally reshape internet service provider liability for customer copyright infringement. The Supreme Court must balance protecting artists' intellectual property rights against maintaining universal internet access in the digital age.Oral Advocates:For Petitioner (Cox Communications): Joshua Rosenkranz, New York, N.Y.For United States as Amicus Curiae: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.For Respondent (Sony): Paul D. Clement, Alexandria, Va.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00] Oral Argument Introduction[01:28] Oral Argument Begins[01:36] Petitioner Opening Statement[03:37] Petitioner Free for All Questions[19:25] Petitioner Round Robin Questions[41:21] United States as Amicus Curiae Opening Statement[42:25] Amicus Curiae Free for All Questions[51:39] Amicus Curaie Round Robin Questions[01:01:23] Respondent Opening Statement[01:03:44] Respondent Free for All Questions[01:31:48] Respondent Round Robin Questions[01:39:19] Petitioner Rebuttal

OverviewThis comprehensive mega episode covers all seven blockbuster Supreme Court cases scheduled for December 2025 oral arguments. From presidential power over independent agencies to billion-dollar copyright battles, these cases could reshape American governance, individual rights, and economic regulation for generations. The episode provides high-level analysis of each case's constitutional stakes and practical implications.Episode RoadmapOpening: Constitutional Collision Course PreviewSeven cases in ten days that could rewrite American lawUnprecedented concentration of constitutional challengesStakes spanning executive power, free speech, civil rights, and economic regulationDecember Cases Analysis:Cox Communications v. Sony Music Entertainment | The Billion-Dollar Broadband Battle: When ISPs Face Copyright Catastrophe | Argument Date: 12/1/25Billion-Dollar Broadband Battle: Cox v. Sony involves a $1 billion verdict asking whether ISPs face copyright catastrophe when users infringe, potentially transforming how internet service providers police their networks and affecting every American's internet access.First Choice Women's Resource Centers v. Platkin | The Jurisdictional Jam: When State Subpoenas Silence Speech | Argument Date: 12/2/25First Choice v. Platkin tests when state subpoenas silence speech - whether nonprofits can bypass state courts for immediate federal protection of First Amendment rights, affecting advocacy groups nationwide.Olivier v. City of Brandon | Olivier v. City of Brandon | Sidewalk Sermons and Section 1983: The Prospective Relief Puzzle | Argument Date: 12/3/25Olivier v. City of Brandon tackles the prospective relief puzzle - whether past convictions create permanent immunity shields for potentially unconstitutional laws challenging future enforcement.Trump, President of United States v. Slaughter | Presidential Power Play: Trump's Total Takedown of Independent Agencies | Argument Date: 12/8/25Trump v. Slaughter examines Trump's total takedown of independent agencies - whether the President can remove commissioners without cause, potentially eliminating the structure protecting $47 trillion in economic activity.NRSC v. FEC | Money, Messaging, and Muzzling: The First Amendment Fight Over Party Coordination | Argument Date: 12/9/15NRSC v. FEC features the First Amendment fight over party coordination, with the extraordinary situation where the Federal Election Commission sides with challengers against its own regulations.Hamm v. Smith | Hamm v. Smith | IQ Score Showdown: When Multiple Tests Determine Life or Death | Argument Date: 12/10/25IQ Score Showdown and Fund Feud: Hamm v. Smith determines when multiple tests determine life or death in capital cases, while FS Credit v. Saba examines forcing fiduciary fairness through federal lawsuits in investment disputes.FS Credit v. Saba | Fund Feud: Forcing Fiduciary Fairness Through Federal Lawsuits | Argument Date: 12/10/25FS Credit v. Saba examines forcing fiduciary fairness through federal lawsuits, asking whether shareholders have implied private rights to sue under the Investment Company Act when the SEC doesn't act.TIMESTAMPS[00:00:00] Mailbag[00:23:59] December Case Previews[00:24:55]  Cox Communications versus Sony Music Entertainment[00:26:17]  First Choice Women's Resource Centers versus Platkin[00:27:38]  Olivier versus City of Brandon[00:29:04]  Trump versus Slaughter[00:30:31]  National Republican Senatorial Committee versus Federal Election Commission[00:32:04]  Hamm versus Smith[00:33:12]  FS Credit versus Saba[00:33:52] Final Thoughts and Conclusion

OverviewIn this special Thanksgiving episode, The High Court Report pulls back the curtain to share the personal story behind The High Court Report. The episode traces the podcast's origins from a 2021 hearing preparation that led to discovering gaps in existing Supreme Court content, to building a comprehensive resource for practitioners and the public. Your host reflects on the journey from anonymous podcast hosting to creating detailed case previews and opinion summaries that make complex legal decisions accessible. The episode concludes with heartfelt gratitude for family, friends, and listeners who have supported the podcast's mission to democratize Supreme Court coverage.Follow The High Court Report:Follow, rate, subscribe, share, and review. Find us on Apple Podcasts, Spotify, YouTube, and LinkedIn. Just search "The High Court Report." Or, email us at: scotus.cases.pod@gmail.com.Timestamps[00:00:00] Introduction and Thanksgiving Special[00:00:09] The Story Behind the Podcast[00:00:51] Preparing for a Court Hearing[00:02:20] Discovering Supreme Court Advocacy[00:05:59] Launching the Podcast[00:08:05] Expanding the Podcast's Scope[00:12:17] Gratitude and Acknowledgements[00:16:28] Looking Ahead

Overview This episode captures the most electrifying moments from the Supreme Court's November 2025 oral arguments in the consolidated Trump Tariff Cases—constitutional blockbusters that pit presidential emergency powers against Congress's exclusive authority to tax. These cases represent the most significant separation of powers challenge since the New Deal, with over $4 trillion in tariffs hanging in the balance.Follow The High Court Report:YouTube: @TheHighCourtReportLinkedIn: The High Court ReportEmail: scotus.cases.pod@gmail.comSubscribe and Share to help others access crucial Supreme Court analysis and exceptional advocacy examples.TIMESTAMPS[00:00:00] Episode Intro[00:01:16] Introduction to the Major Question Doctrine[00:01:16] Trump Tariff Cases Highlights[00:01:28] Common-Sense Interpretation and Historical Context[00:02:54] Debating Presidential Powers and Tariffs[00:03:54] Historical Precedents and Legal Interpretations[00:05:59] The Nixon Example and Its Significance[00:09:30] Legislative History and Statutory Interpretation[00:19:26] Nondelegation Principle and Constitutional Concerns[00:24:17] Congressional Delegation and Political Oversight[00:26:52] Historical Context of Presidential Tariff Authority[00:28:10] Legal Interpretations of 'Regulate Importation'[00:29:23] Debating the Scope of Presidential Powers[00:32:07] Judicial Review and Congressional Intent[00:33:15] Revenue-Raising vs. Embargoes[00:35:08] Nondelegation Doctrine and Emergency Powers[00:39:18] Clarifying the Nixon and Algonquin Precedents[00:41:42] Final Arguments and Hypotheticals[00:53:02] Episode Conclusion

OverviewThis episode presents curated highlights from the Supreme Court's November 2025 oral arguments.Follow The High Court Report:Follow, rate, subscribe, share, and review. Find us on Apple Podcasts, Spotify, YouTube, and LinkedIn. Just search "The High Court Report." Or, email us at: scotus.cases.pod@gmail.com.Timestamps[00:00:00] Episode Intro[00:00:59] November Argument Highlights[00:00:59] Coney Island v. Burton Highlights[00:15:03] Hain v. Palmquist Highlights[00:29:37] Landor v. LA Dep't of Corrections Highlights[00:51:19] Fernandez v. United States Highlights[01:04:29] Rutherford and Carter v. United States Highlights[01:17:21] Hencely v. Fluor Highlights[01:39:00] GEO Group v. Menocal Highlights[01:52:30] Episode Conclusion

Overview• This episode presents curated highlights from the Supreme Court's October 2025 oral arguments, featuring exceptional moments of advocacy and judicial questioning from the term's most significant cases. The October sitting delivered constitutional blockbusters across First Amendment rights, criminal procedure, administrative law, and presidential power. This compilation showcases the highest caliber of Supreme Court advocacy and captures pivotal exchanges that signal how the Court may rule on these transformational cases.Follow The High Court Report:Follow, rate, subscribe, share, and review. Find us on Apple Podcasts, Spotify, YouTube, and LinkedIn. Just search "The High Court Report." Or, email us at: scotus.cases.pod@gmail.com.TIMESTAMPS[00:00:00] Episode Intro[00:04:28] Berk v. Choy Highlights[00:21:21] Bost v. Illinois Board of Illinois Highlights[00:36:54] Bowe v. United States Highlights[00:40:28] Case v. Montana Highlights[00:56:57] Chiles v. Salazar Highlights[01:03:19] Ellingsburg Oral Argument Highlights[01:22:35] Louisiana v. Callais Highlights[01:43:29] Villareal v. Texas Highlights[01:53:38] Episode Conclusion

NRSC v. FEC | Money, Messaging, and Muzzling: The First Amendment Fight Over Party Coordination | Argument Date: 12/9/15 | Docket Link: HereQuestion Presented: Whether the First Amendment permits limits on the amount of money that the national committee of a political party may contribute to political candidates in the form of coordinated expenditures.OverviewThis episode examines National Republican Senatorial Committee versus Federal Election Commission, a landmark campaign finance case that could fundamentally reshape how political parties operate in federal elections, featuring the extraordinary situation where the Federal Election Commission itself now agrees with the challengers that coordinated party expenditure limits violate the First Amendment. The case centers on limits that cap how much money party committees can spend in coordination with their candidates, creating a constitutional clash over political speech rights and anti-corruption measures. With the government switching sides post-election, the Court appointed an outside lawyer to defend the law while Democratic Party committees intervened to provide the opposition the case desperately needed.Episode RoadmapOpening: Constitutional Chaos in Campaign Finance• Extraordinary procedural posture: FEC agrees with challengers after Trump administration• Court-appointed amicus defending law that government attacks• Democratic Party committees intervene to create adversityBackground: The Law Under Attack• Section 30116(d) limits coordinated expenditures by national party committees• Distinction between coordinated spending (capped) versus independent expenditures (unlimited)• Republican committees challenge limits as First Amendment violationsConstitutional Framework: Political Speech Rights• First Amendment's protection of political speech as "core" protected expression• Tension between anti-corruption interests and political participation rights• Role of Colorado II precedent from 2001 in current doctrineProcedural History: From Ohio to the Supreme Court• 2022 filing by NRSC, NRCC, Vance, and Chabot• Sixth Circuit en banc ruling 10-1 upholding limits under Colorado II• Multiple judges expressing doubt about precedent's continued validityThe Cert Grant and Unusual Alignment• June 2025 certiorari grant with intervention allowed• Government position reversal creates constitutional anomaly• Roman Martinez appointed as court-appointed amicus curiaeEpisode HighlightsPetitioners' Arguments (NRSC, NRCC, Vance, Chabot):• Core Speech Violation: Coordinated expenditure limits severely burden political speech at the heart of First Amendment protection, creating "stifling effect on the ability of the party to do what it exists to do"• Colorado II Must Fall: 2001 precedent became "outlier in First Amendment jurisprudence" after Citizens United, McCutcheon, and Cruz strengthened political speech protection• No Anti-Corruption Basis: Limits serve no legitimate corruption prevention purpose since parties cannot "bribe" their own candidates whose platform they shareRespondent-Intervenors' Arguments (DNC, DSCC, DCCC):• Precedent Preservation: Colorado II remains "rock solid" because coordinated expenditures function as contributions, which receive lesser constitutional protection under established doctrine• Circumvention Prevention: Modern joint fundraising committees allow mega-donors to route "six- or seven-figure checks" through parties to specific candidates, creating corruption potential• Systemic Stability: Overruling Colorado II would destabilize entire campaign finance framework and potentially eliminate distinction between contributions and expendituresUnited States Arguments (Supporting Petitioners):• Doctrinal Evolution: Post-Colorado II cases "repudiated its analysis of political parties' relationship with candidates, its definition of corruption, and its lenient standard of review"• Arbitrary Restrictions: Current limits contain inexplicable exemptions (state committees can fund get-out-the-vote efforts, nationals cannot) that undermine any anti-corruption rationale• Changed Landscape: Donors now have "abundant alternative avenues" like Super PACs that didn't exist in 2001, plus improved disclosure makes corruption detection more effectiveCourt-Appointed Amicus Arguments (Roman Martinez):• Jurisdictional Defects: Case should be dismissed as moot since "Executive Branch agrees with petitioners that Section 30116(d) is unconstitutional" and no enforcement threat exists• Colorado II Correctly Decided: Applied proper "closely drawn" test from Buckley because coordinated expenditures include paying candidate bills, which is "virtually indistinguishable" from direct cash contributions• Destabilizing Consequences: Overruling would "unsettle stable law by immediately calling into question multiple tenets of the longstanding campaign-finance framework"StakesIf Petitioners Win:• National and congressional party committees gain unlimited coordinated spending rights with candidates• Political parties could regain prominence in federal campaigns after decades of declining influence relative to Super PACs• Potential domino effect threatening other campaign finance restrictions including contribution limitsIf Respondents/Amicus Win:• Preserves existing regulatory framework distinguishing between contributions and expenditures• Maintains corruption prevention measures designed to prevent mega-donor circumvention• Upholds Congressional authority to regulate campaign finance for anti-corruption purposesOral Argument PreviewKey Questions to Watch:• Constitutional Line-Drawing: How do Justices react to argument that parties deserve special First Amendment rights that other groups lack?• Corruption Analysis: Do Justices buy argument that parties cannot corrupt their own candidates, or worry about circumvention scenarios involving mega-donors?• Stare Decisis Weight: How seriously do Justices take precedent concerns versus arguments that Colorado II conflicts with subsequent First Amendment developments?• Practical Workability: What questions arise about enforcing distinctions between different types of political actors if parties get unlimited coordination rights?• Jurisdictional Issues: Do Justices engage with mootness arguments given government's position switch, or proceed directly to merits?Broader Implications:• Case could reshape competitive balance between political parties and outside spending groups• Decision may affect fundamental distinction between contributions and expenditures that underlies modern campaign finance law• Ruling could influence how future administrations defend laws they inherited from predecessorsReferenced Cases:• FEC v. Colorado Republican Federal Campaign Committee (Colorado II) | 533 U.S. 431 (2001) | Central precedent upholding coordinated party expenditure limits under "closely drawn" scrutiny• Buckley v. Valeo | 424 U.S. 1 (1976) | Foundational case establishing contribution versus expenditure distinction and "closely drawn" test for contribution limits • Citizens United v. FEC | 558 U.S. 310 (2010) | Strengthened First Amendment protection for political speech and corporate expenditures• McCutcheon v. FEC | 572 U.S. 185 (2014) | Struck down aggregate contribution limits and enhanced scrutiny of campaign finance restrictions• FEC v. Cruz | 596 U.S. 289 (2022) | Recent case applying heightened scrutiny to campaign finance law and emphasizing anti-corruption justification requirements

FS Credit v. Saba | Fund Feud: Forcing Fiduciary Fairness Through Federal Lawsuits | Argument Date: 12/10/25 | Docket Link: HereQuestion Presented: Whether Section 47(b) of the Investment Company Act of 1940 gives private plaintiffs a federal cause of action to seek rescission of contracts that allegedly violate the Act.OverviewThe Supreme Court will decide whether activist investors can sue investment funds directly in federal court when funds adopt governance provisions that allegedly violate federal securities law. Four closed-end funds adopted Maryland Control Share Acquisition Act provisions to strip voting rights from shareholders acquiring more than 10% ownership, prompting Saba Capital to seek rescission under Section 47(b) of the Investment Company Act. The case creates a fundamental clash over private enforcement of securities laws versus exclusive SEC regulatory authority, with implications for millions of Americans who invest in mutual funds and closed-end funds.Episode RoadmapOpening: Investment Fund Warfare• Circuit split: Second Circuit allows private suits vs. Third/Ninth Circuits reject them• Core constitutional tension over implied private rights of action• Stakes for investor activism and fund governance nationwideBackground: The Players and the Poison Pill• Four underperforming closed-end funds trading 26% below asset value• Saba Capital as activist hedge fund targeting mismanaged funds• Funds adopt MCSAA to neutralize activist shareholders above 10% threshold• District court orders rescission following Second Circuit precedentThe Central Legal Question• Section 47(b)(2): Does "rescission at the instance of any party" create individual rights?• Section 18(i): Equal voting rights requirement allegedly violated• Modern Supreme Court hostility to implied private enforcement under SandovalLegal Arguments Analysis• Petitioners argue constitutional separation of powers violations• Respondents emphasize individual-rights statutory language• United States supports limiting private enforcement to SEC authorityEpisode HighlightsFS Credit's Arguments (Petitioners):• Constitutional Separation of Powers: Courts usurp legislative authority when creating private rights Congress never explicitly authorized; Sandoval demands clear congressional intent in statutory text and structure• Statutory Structure Argument: Congress knew how to create private rights when intended them (Sections 30(h) and 36(b)); comprehensive scheme delegates remaining enforcement exclusively to SEC• Policy Disruption Concerns: Implied private rights would undermine SEC's regulatory authority and enable short-term activists to hijack funds designed for long-term investor stabilitySaba's Arguments (Respondents):• Individual Rights Language: Section 47(b)(2)'s "rescission at the instance of any party" constitutes "indisputably rights-creating" individual-centric language distinguishable from generic regulatory provisions rejected in Sandoval• TAMA Precedent Support: Transamerica Mortgage Advisors v. Lewis (1979) directly endorses implied rescission rights; limited rescission remedies fundamentally differ from broad damage claims without raising equivalent policy concerns• Beneficial Activism Defense: Saba serves beneficial shareholder protection function by identifying mismanaged funds; funds' poor performance and excessive fees demonstrate urgent need for activist accountability mechanismsUnited States' Arguments (Supporting FS Credit):• Modern Precedent Application: Supreme Court strongly disfavors implied private rights under strict Sandoval textualist methodology; courts should refuse creating new federal lawsuits from ambiguous statutory language• Comprehensive Enforcement Structure: Investment Company Act's architecture demonstrates Congress created limited private rights in specific sections while granting SEC broad enforcement authority over remaining violations• Oxford University Bank Critique: Second Circuit overlooked that Section 47(b) operates defensively in state court proceedings without requiring federal private rights; court misread TAMA involving statutory language Congress later removed from ICAStakes and Broader ImplicationsIf FS Credit Wins:• Reinforces Supreme Court trend limiting private enforcement of federal statutes• Preserves SEC's exclusive enforcement authority over most securities violations• Protects long-term investors from disruptive short-term activist interventions• Could restrict other securities law private enforcement theories nationwideIf Saba Wins:• Creates powerful federal court tools for activist investors challenging fund governance• Signals Court's renewed acceptance of implied private rights with supportive statutory text• Potential flood of federal litigation over investment fund management decisions• Reshapes balance between investor activism and management entrenchment across fund industryLooking Ahead to Oral ArgumentsCritical Questions to Monitor:• Justices' reactions to competing interpretations of "rescission at the instance of any party" language• Conservative Justices' treatment of 1979 TAMA precedent as outdated judicial activism relic• Practical workability concerns about overwhelming federal courts with fund governance disputes• Federalism tensions between state corporate law and federal securities regulation• Policy balance between activist accountability mechanisms and long-term investor protection prioritiesReferenced Cases:• Alexander v. Sandoval | 532 U.S. 275 (2001) | Established modern strict standard requiring clear congressional intent in statutory text for implied private rights• Oxford University Bank v. Lansuppe Feeder | 933 F.3d 99 (2d Cir. 2019) | Second Circuit precedent finding Section 47(b) creates implied private action, generating circuit split requiring Supreme Court resolution• Transamerica Mortgage Advisors v. Lewis (TAMA) | 444 U.S. 11 (1979) | Supreme Court recognized implied private rescission right under different securities law provision; central precedent supporting Saba's legal theory

Hamm v. Smith | Case No. 24-872 | Oral Argument Date: 12/10/25 | Docket Link: HereQuestion Presented: When someone takes multiple IQ tests to prove intellectual disability in a capital case, do courts look at all the scores together, or can one low score alone save their life?OverviewThe Supreme Court will decide whether courts must evaluate multiple IQ scores collectively or whether a single qualifying score triggers constitutional protection in death penalty cases. This decision affects hundreds of current death row inmates and reshapes capital litigation nationwide.Episode RoadmapOpening: Life-or-Death Numbers Game• Decision by June 2025 with immediate nationwide implementation• Smith's five IQ scores (75, 74, 72, 78, 74) create constitutional conflict• Alabama courts denied protection; federal courts granted it based on single low scoreBackground: Murder and Testing Battle• 1997: Smith murdered Van Dam for suspected cash, received death sentence• Federal habeas relief sought based on intellectual disability claim• Five IQ tests created evidentiary puzzle for courtsConstitutional Question• Collective evaluation vs. holistic assessment approaches• State discretion in implementing federal constitutional mandates• Burden of proof when test results create uncertaintyEpisode HighlightsAlabama's Arguments (Supporting Execution):State Discretion• Atkins left states "task of developing appropriate ways to enforce" constitutional prohibition• Supreme Court provided no specific implementation guidelines• Alabama's preponderance standard considering all scores fits constitutional frameworkRejecting "One-Low-Score" Rule• Eleventh Circuit misread precedents, improperly shifted burden to state• Four out of five scores above 70 should control determination• Multiple scores provide more accurate assessment than isolated measurementsNo Constitutional Expansion• Atkins protected only those "known to have IQ under 70"• Extending protection to borderline cases exceeds national consensusSmith's Arguments (Opposing Execution):Holistic Assessment Required• Courts must evaluate scores "holistically" with expert interpretation, not mechanical counting• Hall v. Florida mandates "additional evidence" beyond raw scores• Alabama law requires considering "all relevant evidence"Proper Application• District court correctly held evidentiary hearing and credited Smith's experts• Expert testimony showed measurement error creates genuine uncertainty• Prevents mechanical application of arbitrary cutoffsScientific Reality• IQ tests contain measurement error, particularly for borderline functioning• Constitutional protections require considering scientific testing limitationsUnited States' Arguments (Supporting Alabama):Preserve State Discretion• Atkins preserves "traditional legislative role in setting criminal sanctions"• Maintains federalism principles and constitutional structureMultiple Scores More Reliable• "Multiple IQ scores often say more collectively than any one does alone"• Statistical reliability improves with comprehensive testingPrecedent Limitation• Hall and Moore corrected specific state misuse of IQ tests• Did not mandate "one-low-score rule" as circuits interpretedStakes and ImplicationsImmediate Impact:• Hundreds of current death row inmates with borderline IQ scores• Nationwide standard for intellectual disability determinations• Immediate adaptation of expert witness and testing protocols requiredConstitutional Effects:• Balance between federal mandates and state discretion in criminal justice• How scientific evidence intersects with constitutional law• Burden of proof application to uncertain psychological test resultsOral Argument PreviewKey Dynamics:• Federalism questions from Roberts and Kavanaugh• Scientific methodology discussions from Breyer and Kagan• Burden of proof questions about who bears risk of uncertain resultsTimeline:• Oral arguments expected early 2025• Decision by June 2025 with immediate implementation• Practitioners must prepare now for either outcome

Olivier v. City of Brandon | Sidewalk Sermons and Section 1983: The Prospective Relief Puzzle | Argument Date: 12/3/25OVERVIEWGabriel Olivier, a Christian who shares his faith on public sidewalks, gets convicted under a Mississippi ordinance restricting demonstrations near a city amphitheater. He sues in federal court seeking only prospective relief to prevent future enforcement against his religious expression. The Fifth Circuit blocks his lawsuit entirely under Heck v. Humphrey, but eight judges dissent from denial of rehearing en banc, setting up a Supreme Court showdown over whether prior convictions permanently bar constitutional challenges.EPISODE ROADMAPPreview: Constitutional tension between religious expression and procedural barsQuestions & Text: Two cert questions and relevant constitutional frameworkFacts & History: Olivier's story from sidewalk preaching to federal litigationCert Grant: Supreme Court takes the case, oral arguments December 3rdLegal Arguments: Three-way battle between Olivier, Brandon, and United StatesOral Argument Preview: Key questions and judicial reactions to watchPractical Implications: What this means for practitioners and constitutional enforcementTakeaways: Action items and timeline for practitionersEXECUTIVE SUMMARY OF ARGUMENTSPETITIONER OLIVIER'S POSITION• Heck Doesn't Apply: Prior conviction bars don't extend to purely prospective relief claims seeking future protection• Constitutional Dead Zone: Fifth Circuit's rule creates permanent immunity for questionable laws after any enforcement• Wrong Analogy: Prospective relief differs from malicious prosecution because it doesn't challenge past proceedings• Stakes: Preserves federal court access for constitutional challenges despite prior convictionsRESPONDENT BRANDON'S POSITION• Direct Impact: Olivier's probation sentence means prospective relief would shorten actual punishment duration• Common Law History: Criminal convictions traditionally barred tort claims since 17th century England• Demonstrable Violation: Olivier's conduct clearly violated ordinance through amplification, signs, and group activity• Stakes: Maintains criminal justice finality and prevents collateral attacks on convictionsUNITED STATES AMICUS POSITION• No Malicious Prosecution: Prospective relief claims don't challenge prosecution propriety requiring favorable termination• No Habeas Conflict: Case poses no conflict between Section 1983 and federal habeas because plaintiff seeks no release• Custody Irrelevant: Heck requirements flow from claim elements, not whether plaintiff accessed habeas relief• Stakes: Supports constitutional enforcement while maintaining appropriate procedural barriersBROADER STAKESFor Practitioners: Determines whether clients with prior convictions can challenge laws prospectively in federal courtFor Constitutional Law: Shapes balance between criminal justice finality and civil rights enforcement nationwideFor Religious Liberty: Affects ability to challenge speech restrictions through federal litigation after any enforcementFor Government Entities: Impacts litigation strategy for defending constitutional challenges from previously prosecuted plaintiffsORAL ARGUMENT PREVIEW - DECEMBER 3RDKEY QUESTIONS TO WATCH• Framing Battle: Do justices view this as speech regulation or professional conduct regulation?• Probation Impact: Does ongoing punishment change the Heck analysis for prospective relief?• Evidence Standards: What proof do justices require to justify restricting constitutional rights?• Practical Implementation: How would courts distinguish legitimate prospective relief from disguised conviction challenges?PRECEDENT BATTLEGROUNDS• Heck v. Humphrey: Core favorable termination requirement and its scope• Wilkinson v. Dotson: Direct versus indirect challenges to criminal punishment• Wooley v. Maynard: Prospective challenges after prior convictions

Trump v. Slaughter | Case No. 25-332 | Oral Argument Date: 12/8/25 | Docket Link: HereQuestion Presented: Whether Congress can require the President to show cause before removing commissioners of independent agencies, or whether Article II grants the President absolute removal power over all executive officers.OverviewThis episode examines a case that could trigger the most dramatic restructuring of federal power since the New Deal. President Trump removes FTC Commissioner Rebecca Slaughter without cause, challenging the constitutional foundation of independent agencies. The Court confronts whether two dozen independent agencies that control $47 trillion in economic activity can maintain protection from at-will presidential removal.Episode RoadmapOpening: Constitutional Crisis Brewing• December 8th oral argument creates immediate urgency• Potential elimination of independent agency protections• Stakes include Federal Reserve, FTC, SEC, and two dozen other agenciesHousekeeping Matters• Black Friday mailbag episode announcement• December calendar overview with mega cases• Thanksgiving week content roadmapConstitutional Framework: Article II Powers• "Executive Power shall be vested in a President" - Article II, Section 1• Take Care Clause mandates faithful execution of laws• Appointments Clause divides officers into principal and inferior classes• Constitution grants no explicit removal authorityBackground: The Slaughter Removal• 1914: Congress creates FTC with removal protection for cause only• 2018: Trump nominates Slaughter; Senate confirms unanimously• 2024: Biden renominates; Senate again confirms unanimously• March 2025: Trump fires Slaughter via email without causeProcedural History: Courts Block Trump• DC federal court grants summary judgment for Slaughter• Courts issue injunctions preventing interference with duties• Appeals courts affirm lower court rulings• Supreme Court grants certiorari to resolve government structure crisisLegal ArgumentsPresident Trump's Constitutional Case• Article II grants conclusive removal power over all executive officers• "Decision of 1789" from First Congress supports absolute presidential authority• Modern FTC exercises "quintessentially executive powers" unlike 1935 version• Humphrey's Executor has become "doctrinal dinosaur" requiring overruleCommissioner Slaughter's Defense• Two centuries of congressional practice creating independent agencies• Multimember structure prevents arbitrary decision-making and protects liberty• Constitution requires no absolute removal power under Take Care Clause• Historical tradition supports agency independence with cause requirementsKey Precedents Battle• Humphrey's Executor (1935): Upheld FTC removal protections as quasi-legislative• Recent cases confine Humphrey's without overruling: Free Enterprise Fund, Seila Law, Collins• Historical precedents from founding era support both positionsConstitutional Stakes and ImplicationsIf President Wins• Every independent agency becomes at-will political appointment• Regulatory whiplash could destabilize economic sectors• Federal Reserve exception creates constitutional inconsistency• Two dozen agencies face immediate restructuringIf Slaughter Wins• Independent agencies maintain stability and expertise-based decisions• Markets retain predictable regulatory environment• Historical tradition of congressional agency design continues• Separation of powers preserves deliberative government functionsTiming and Urgency FactorsDecember Calendar Pressure• Decision expected by June during active agency decision-making• Trump v. Cook (Federal Reserve case) follows immediately• Current commissioners face potential removal attempts post-decision• Industries should prepare for rapid regulatory shiftsEconomic Impact Analysis• $47 trillion in controlled economic activity at stake• Interest rates, merger approvals, investment protections all affected• Long-term planning becomes impossible with political agency control• Regulatory stability enables investment and economic growthOral Argument PreviewKey Questions to Watch• Federal Reserve exception handling reveals constitutional framework• Practical consequences questions from Chief Justice Roberts• Reliance interests and stare decisis from Justice Kagan• Democratic accountability versus expertise-based governance balanceCritical Precedent Discussions• Whether Humphrey's Executor survives modern constitutional analysis• How recent administrative law cases affect independent agency doctrine• Role of historical practice in constitutional interpretationImplementation Concerns• Immediate effects on pending enforcement actions• Current regulation validity during transition period• Industry reliance on agency stability for business planningKey Legal Concepts Explained• Independent agency removal protections• Article II Vesting Clause interpretation• Separation of powers in administrative state• Stare decisis and precedent overruling standards• Democratic accountability versus regulatory expertise• Historical practice in constitutional interpretation

First Choice Women's Resource v. Platkin | Case No. 24-781 | Oral Argument Date: 12/2/25 | Docket Link: HereQuestion Presented: Whether federal courts can hear First Amendment challenges to state subpoenas immediately, or whether challengers must first litigate their constitutional claims in state court.OverviewThis episode examines First Choice Women's Resource Centers versus Platkin, a case that generated a stunning 42 amicus briefs and could fundamentally reshape federal court jurisdiction over state investigatory demands. The Supreme Court will determine whether organizations facing state subpoenas for donor information can immediately challenge those demands in federal court, or whether they must first exhaust state court proceedings - potentially losing their federal forum rights forever due to res judicata.Roadmap• Opening: A Federal Forum Fight• Case generated 42 amicus briefs showing massive constitutional stakes• Court granted United States' request to participate in oral arguments • Core tension: Section 1983's guarantee of federal forums versus traditional subpoena enforcement requirementsBackground: The Subpoena Standoff• New Jersey Attorney General Matthew Platkin issues sweeping subpoena to faith-based pregnancy centers• Demands names, phone numbers, and addresses of 5,000 donors• First Choice refuses, citing nationwide pattern of violence against pregnancy centers• Attorney General threatens contempt sanctions for noncomplianceConstitutional Framework: The Legal Clash• First Amendment protections for speech and association, including donor privacy rights• Section 1983's guarantee of federal forum for constitutional violations by state officials • Article III standing and ripeness requirements for federal jurisdictionProcedural Odyssey: The Court Journey• December 2023: First Choice files federal lawsuit two days before subpoena deadline• January 2024: District court dismisses as "unripe," requiring state court enforcement first• State Attorney General files enforcement action in New Jersey Superior Court• District court dismisses again, demanding actual contempt threat before federal review• Third Circuit affirms in divided decision; Judge Bibas dissentsFirst Choice's Arguments (Federal Forum Rights):• First Amendment Chill: Attorney General's subpoena creates immediate injury by objectively chilling donor support due to nationwide violence against pregnancy centers• Section 1983 Federal Forum: Knick v. Township of Scott prohibits state-litigation requirements; federal forum guarantee "rings hollow" if challengers must litigate in hostile state courts first • Credible Enforcement Threat: Explicit contempt warnings plus actual state court enforcement action satisfy Article III standing requirements under Susan B. Anthony List v. DriehausAttorney General Platkin's Arguments (State Court First):• Contingent Future Harm: Non-self-executing subpoena creates only speculative injury dependent on future state court order requiring compliance• No Objective Chill: Clarified scope seeks only donors from specific websites; no reasonable basis for ordinary donor to be deterred by narrow investigation• Century of Precedent: Reisman v. Caplin line establishes recipients of non-self-executing subpoenas cannot bring pre-enforcement challenges; would flood federal courts with routine subpoena litigationUnited States' Arguments (Supporting Petitioner):• Established Article III Doctrine: Credible threat of government enforcement proceedings creates concrete injuries sufficient for federal jurisdiction under longstanding precedent• Self-Executing Distinction Irrelevant: Whether subpoena is self-enforcing makes no difference to Article III analysis; Section 1983 creates cause of action that distinguishes this from federal agency contexts• Federal Court Obligation: Ripeness concerns timing, not forum adequacy; federal courts have "virtually unflagging obligation" to exercise jurisdiction regardless of parallel state proceedingsConstitutional Stakes and Broader ImplicationsIf First Choice Wins:• Organizations facing hostile state investigations gain clearer path to immediate federal relief• Strengthens Section 1983's federal forum guarantee against state litigation requirements • Could encourage more aggressive challenges to state investigatory subpoenas across ideological spectrumIf Attorney General Wins:• State officials gain stronger position to conduct investigations without immediate federal court interference• Targets of state subpoenas must exhaust state remedies first, potentially losing federal forum rights through res judicata• Could encourage more aggressive state investigations since federal relief becomes harder to obtainLooking Ahead to Oral Arguments• How justices handle res judicata "trap" that First Choice describes• Questions about workability and potential litigation floods• Historical analysis of Section 1983's purpose versus traditional subpoena enforcement• Court's approach to balancing federal forum rights against state sovereignty• Impact on broader landscape of state investigations targeting ideologically diverse organizationsKey Legal Concepts Explained• Article III standing and ripeness requirements• Section 1983 federal civil rights actions • Non-self-executing versus self-executing subpoenas• Res judicata and claim preclusion• First Amendment associational rights and donor disclosure chilling effects• Federal forum exhaustion requirements• State investigatory authority and consumer protection powers

Urias-Orellana v. Bondi | Case No. 24-777 | Oral Argument Date: 12/1/25 | Docket Link: HereOverviewThe Supreme Court will decide whether federal courts must defer to immigration officials when determining if undisputed facts constitute "persecution" under asylum law, or whether courts should make independent legal determinations. The case involves a Salvadoran family who fled years of cartel violence, including death threats and physical attacks, but were denied asylum when the Board of Immigration Appeals concluded their experiences didn't rise to the level of persecution. This decision will affect hundreds of thousands of asylum cases and could reshape the relationship between agency expertise and judicial review in immigration law.RoadmapOpening: Constitutional tension over agency deference in the post-Loper Bright eraQuestion Presented & Key Text: Statutory framework and the undefined term "persecution"Background Facts: The Urias-Orellana family's flight from cartel violence in El SalvadorProcedural History: Journey from Immigration Judge through First CircuitLegal Arguments: Petitioners' call for de novo review vs. Government's defense of substantial evidence standardOral Argument Preview: Key tensions and questions to watchStakes: Impact on asylum law and agency deference broadlySummary of ArgumentsPetitioner's Arguments (Urias-Orellana Family)Argument 1: Constitutional Role of CourtsInterpreting "persecution" is fundamentally a judicial function under Marbury v. MadisonImmigration and Nationality Act doesn't authorize deference on persecution determinationsCongress created specific deference provisions but excluded persecution questionsArgument 2: Loper Bright Prohibits Disguised Chevron DeferenceSubstantial evidence review resurrects prohibited Chevron deference "under an alias"Courts must ask "What does persecution mean?" not "Did the BIA reasonably conclude?"No express congressional authorization for deference on legal interpretationsArgument 3: Mixed Question Analysis Favors De Novo ReviewPersecution determinations are primarily legal, requiring courts to develop legal principlesCourts routinely establish categorical rules (e.g., economic hardship ≠ persecution)BIA itself treats these as legal questions when reviewing Immigration Judge decisionsRespondent's Arguments (Attorney General Bondi)Argument 1: Persecution Determinations Are Predominantly FactualMing Dai v. Garland recognized persecution questions as "predominantly questions of fact"Statute's substantial evidence standard applies to these administrative findingsSupreme Court precedent supports factual deference in asylum casesArgument 2: Mixed Questions Require Primarily Factual WorkDeterminations involve "marshaling and weighing evidence" and "making credibility judgments"200,000+ annual asylum decisions demonstrate need for agency expertise over legal developmentMost cases apply settled standards to varied facts rather than creating new lawArgument 3: Loper Bright Doesn't Apply to Fact-Bound ApplicationsLoper Bright addressed pure legal interpretations, not fact-intensive applicationsCourt has consistently applied deferential review where statutory terms are "factbound"This involves applying law to facts, not interpreting what statutes meanStakesIf Petitioners Win:Federal courts exercise independent judgment on persecution determinationsMore uniform asylum law development across circuitsPotentially more successful asylum claims through de novo reviewReinforces judicial role in statutory interpretation post-Loper BrightIf Government Wins:Reinforces agency expertise in immigration lawMore deferential review of asylum denialsPreserves current substantial evidence standardPotentially fewer successful appeals of negative decisionsBroader Implications:Framework for hundreds of thousands of annual asylum casesBalance between agency expertise and judicial reviewImplementation of U.S. obligations under international refugee lawPost-Loper Bright boundaries of agency deferenceOral Argument PreviewKey Questions to Watch:How do Justices react to practical examples (medical documentation requirements vs. case volume)?Do Justices see Loper Bright as resolving this issue or allowing factual deference?How do they analyze Section 1252's statutory structure and congressional silence?Will Justices press government on BIA's inconsistent treatment of these questions?Do Justices favor agency expertise or judicial development of asylum law?Critical Precedents Likely Discussed:Loper Bright Enterprises v. Raimondo (2024)Ming Dai v. Garland (2021)U.S. Bank v. Village at Lakeridge (2018)Marbury v. Madison (1803)Institutional Questions:Role of Article III courts versus administrative agencies in developing asylum lawBalance between uniformity and expertise in immigration decisionsImplementation challenges in managing massive asylum caseloads

Cox Communications, Inc. v. Sony Music Entertainment | Case No. 24-171 | Oral Argument Date: 12/1/25 | Docket Link: HereQuestions Presented: (1) Did the Fourth Circuit err in holding that a service provider can be held liable for "materially contributing" to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it? (2) Did the Fourth Circuit err in holding that mere knowledge of another's direct infringement suffices to find willfulness under 17 U.S.C. § 504(c)?OverviewThis episode examines a billion-dollar battle between industry titans Sony ($175 billion market cap) and Cox Communications (part of $21 billion Cox Enterprises) that could fundamentally reshape internet service provider liability for customer copyright infringement. The Supreme Court must balance protecting artists' intellectual property rights against maintaining universal internet access in the digital age.Episode RoadmapOpening: Corporate Titans Clash at the High Court• Not often that industry giants of this scale face off at SCOTUS• Sony represents global entertainment industry's fight for IP protection• Cox represents infrastructure keeping America connected online• Whopping 31 amicus briefs from Google, X Corp, ACLU, Motion Picture Association, and moreBackground: The Billion-Dollar Verdict• Fourth Circuit held Cox liable for $1 billion - over 1,400 times actual damages• Cox received 5.8 million infringement notices in two-year period• "Thirteen-strike" policy deliberately undermined by Cox employees• Internal emails showing contempt: "F the dmca!!!"The Central Legal Questions• When does providing internet service become "material contribution" to infringement?• Does knowledge of customer infringement alone establish "willfulness"?• Sony/Grokster framework: general-purpose technology vs. active inducementConstitutional Stakes and Circuit Tensions• Universal internet access vs. copyright protection• Hammer analogy: ISPs as hardware stores vs. ongoing service providers• Fourth Circuit outlier decision creates uncertainty for ISP industryEpisode HighlightsCox's Three Main Arguments (Seeking Reversal):• Affirmative Conduct Requirement: Contributory liability requires "purposeful, culpable conduct" with intent to promote infringement - not passive provision of general internet service• Sony/Grokster Protection: Internet service is "paradigmatic multi-use technology" with substantial non-infringing uses that cannot trigger liability absent active inducement• Practical Consequences: Fourth Circuit's rule would make ISPs liable for "literally everything bad on the internet" - from harassment to gun sales - based on mere accusationsSony's Three Main Arguments (Defending Verdict):• Classic Material Contribution: Long-established doctrine holds defendants liable when they "continue to supply their product to one whom they know is engaging in infringement"• Cox's Theory Would Collapse Secondary Liability: Limiting contributory infringement only to inducement cases would immunize knowing facilitators and undermine copyright protection• DMCA Framework Supports Liability: Congress created safe harbor protections precisely because ISPs face liability for failing to terminate repeat infringers - proving such liability existsUnited States' Three Main Arguments (Supporting Cox):• Culpable Intent Requirement: Recent aiding-and-abetting cases like Twitter v. Taamneh require more than knowledge - defendants must "consciously and culpably participate" in wrongdoing• Patent Law Parallels: Consistent with patent contributory infringement doctrine that mere knowledge of customer's infringing plans doesn't support liability for staple articles of commerce• Universal Internet Access Threat: Affirmance would create "substantial disincentive" to ISP provision of universal service, harming non-infringing users who share connectionsConstitutional Stakes and Broader ImplicationsIf Cox Wins (Reversal):• Strengthens protection for internet infrastructure providers• Requires active encouragement/inducement for ISP liability• Maintains affordable universal internet access• Could limit copyright holders' enforcement tools against online piracyIf Sony Wins (Affirmance):• Expands secondary liability for knowing facilitation of infringement• Creates pressure for ISPs to terminate customers based on accusations• Strengthens copyright protection in digital age• May increase internet access costs and reduce availabilityOral Argument PreviewKey Questions to Watch:• Technology analogies: Internet service as hammer sales vs. ongoing specialized services• Practical implementation: How would each rule actually work for ISPs?• Precedent battle: Does Grokster limit liability to inducement cases or preserve broader material contribution doctrine?• Government participation: Significant that Solicitor General supports Cox with oral argument timeCritical Precedents in Play:• MGM Studios v. Grokster (2005): Established inducement theory but preserved broader contributory infringement doctrine• Sony Corp. v. Universal City Studios (1984): Protected staple articles of commerce with substantial non-infringing uses• Twitter v. Taamneh (2023): Required culpable participation beyond mere provision of services for aiding-and-abetting liabilityCultural and Legal Tensions:• Technological innovation vs. intellectual property protection• Universal access vs. copyright enforcement• Platform neutrality vs. content policing responsibilities• Individual privacy vs. industry economic interestsReferenced CasesMGM Studios v. Grokster | 545 U.S. 913 (2005)• Question Presented: Whether distributors of file-sharing software may be held liable for contributory copyright infringement• Arguments: Established that active inducement of infringement creates liability even for technologies with substantial non-infringing uses, but preserved broader contributory infringement doctrine beyond just inducementSony Corp. v. Universal City Studios | 464 U.S. 417 (1984)• Question Presented: Whether manufacture and sale of Betamax video recorders constitutes contributory copyright infringement• Arguments: Held that sale of staple articles of commerce with substantial non-infringing uses does not create liability absent evidence of intent to promote infringementTwitter v. Taamneh | 598 U.S. 471 (2023)• Question Presented: What constitutes "substantial assistance" under the Anti-Terrorism Act for aiding and abetting liability• Arguments: Required defendants to "consciously and culpably participate" in wrongdoing as something they wish to bring about - mere provision of services insufficient even with knowledge of misuse

Carter v. United States | Case No. 24-860 | Oral Argument Date: 11/12/25 | Docket Link: Here (consolidated with Rutherford v. United States | Case No. 24-820 | Docket Link: Here)OverviewToday, the Supreme Court heard oral arguments in the consolidated cases Rutherford versus United States and Carter versus United States. These cases examine whether federal prisoners deserve relief based on changes Congress made to gun sentencing laws. Rutherford received 25 years for his second armed robbery—a sentence that would be only 7 years under today's laws. Congress eliminated brutal "stacking" penalties in 2018, but only for future defendants. Now Rutherford and Carter argue this massive disparity creates "extraordinary and compelling reasons" for sentence reductions. Can federal judges consider Congress's own recognition that old sentences were too harsh?Oral Advocates:For Petitioner (Rutherford): David Frederick, Washington, D.C. For Petitioner (Carter): David O'Neil, Washington, D.C.For Respondent (United States): Eric J. Feigin, Deputy Solicitor General, U.S. Department of Justice, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Argument Preview[00:01:05] Argument Begins[00:01:13] Petitioner (Rutherford) Opening Statement[00:02:54] Petitioner (Rutherford) Free for All Questions[00:14:00] Petitioner (Rutherford) Round Robin Questions[00:30:04] Petitioner (Carter) Opening Statement[00:33:35] Petitioner (Carter) Free for All Questions[00:40:36] Petitioner (Carter) Round Robin Questions[00:47:52] Respondent Opening Statement[00:50:12] Respondent Free for All Questions[01:19:10] Respondent Round Robin Questions[01:19:24] Petitioner (Rutherford) Rebuttal

Fernandez v. United States | Case No. 24-556 | Oral Argument Date: 11/12/25 | Docket Link: Here | The Sentence Reduction Standoff: Compassion Versus Collateral AttackOverviewThis is the Supreme Court oral arguments in the case called Fernandez v. United States. Fernandez seeks a sentence reduction under federal law. Fernandez argues legal changes since his sentencing constitute "extraordinary and compelling reasons" for reducing his sentence. The government argues these legal changes don't apply retroactively and cannot justify reduction. The central question: Can courts consider legal changes—even those that don't apply retroactively—as grounds for reducing previously imposed sentences?Oral Advocates:For Petitioner (Fernandez): Benjamin Gruenstein, New York, N.Y. For Respondent (United States): Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Argument Overview[00:00:48] Argument Begins[00:00:57] Petitioner Opening Statement[00:03:10] Petitioner Free for All Questions[00:28:08] Petitioner Round Robin Questions[00:40:01] Respondent Opening Statement[00:42:17] Respondent Free for All Questions[01:10:17] Respondent Round Robin Questions[01:19:07] Petitioner Rebuttal

Landor v. Louisiana Department of Corrections | Case No. 23-1197 | Argued: November 10, 2025 | Landor's Lost Locks: When Prison Guards Clip Constitutional ClaimsGEO Group v. Menocal | Case No. 24-758 | Argued: November 10, 2025 | The Procedural Privilege: The Immunity Fast-Pass to AppealOverviewThis episode examines oral arguments from two significant Supreme Court cases heard on the same day. The first, Landor v. Louisiana Department of Corrections, explores whether incarcerated individuals can sue prison officials personally for religious liberty violations under federal law. The second, GEO Group v. Menocal, addresses whether government contractors can claim derivative sovereign immunity to bypass lengthy litigation. Both cases reveal a fractured Court struggling with fundamental questions about federal power, individual accountability, and constitutional boundaries.Marathon Day Context:The Court conducted back-to-back oral arguments with only a one-minute transition between cases—Chief Justice Roberts concluded Landor at 11:56 a.m. and began GEO Group at 11:57 a.m., highlighting the Court's efficient case management during a demanding argument session.RoadmapOpening: A Constitutional Double Feature- Back-to-back Supreme Court arguments on November 10, 2025- Landor: "Lost Locks and Clipped Constitutional Claims" - GEO Group: "Immunity Fast-Pass to Appeal"- Behind-the-scenes glimpse: One-minute case transitionPart I: GEO Group v. Menocal Analysis- Justice Jackson leads with 19 questions in active interrogation- Justice Sotomayor's blunt framing: "Who should be responsible for that loss?"- Justice Kavanaugh's "big hurdle" challenge to contractor immunity theory- Justice Alito's qualified immunity comparison- Eight justices participate (Justice Gorsuch recused)- Three core themes: Yearsley doctrine scope, litigation burden practicalities, federal government opposition significancePart II: Landor v. Louisiana DOC Deep Dive- 1 hour 50 minutes of intense questioning across constitutional and statutory grounds- Justice Gorsuch emerges as dominant questioner with quarter of argument time- Court fractures along multiple analytical pathways with no emerging consensus- Liberal justices (Sotomayor, Jackson) emphasize statutory clarity- Conservative justices focus on constitutional boundaries and clear statement requirements- Justice Barrett probes practical consequences with hypotheticalsPart III: Three Major Constitutional Battlegrounds1. **Contract Theory vs. Agency Principles:** Can individual state employees be bound by spending legislation when they aren't direct funding recipients?2. Clear Statement Requirements: Must Congress speak with "unmistakable clarity" before imposing individual liability on non-recipients?3. Broader Federal Power Implications: Justice Gorsuch's Title IX hypotheticals expose potential expansion of individual damages across all federal spending programsPart IV: Audio Clips Analysis- Key moments capturing judicial divisions and strategic questioning- Revealing exchanges between advocates and justices- Insights into potential case outcomes based on questioning patternsClosing: Constitutional Implications- Landor's potential impact on federal civil rights enforcement landscape- GEO Group's significance for government contractor accountability- Court's broader approach to federalism and individual liability questions

Geo Group, Inc. v. Menocal | Case No. 24-758 | Oral Argument Date: 11/10/25 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in Geo Group versus Menocal, which examines whether derivative sovereign immunity creates a fast-pass to appeal. Detainees sue a private contractor running an ICE facility, claiming forced labor—the company says "the government told me to do it" and wants to skip straight to appeal after the trial court found that the contractor held no derivative sovereign immunity. Must government contractors face years of expensive, potentially politically-motivated litigation first, or can they appeal immediately? Oral Advocates:For Petitioner (GEO Group): Dominic E. Draye, Washington, D.C. For Respondent (Menocal): Jennifer D. Bennett, San Francisco, California.For United States as Amicus Curiae (Supporting Respondent): Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Case Preview[00:00:55] Argument Begins[00:01:03] Petitioner Opening Statement[00:02:44] Petitioner Free for All Questions[00:26:30] Petitioner Round Robin Questions[00:26:42] Respondent Opening Statement[00:29:02] Respondent Free for All Questions[00:45:37] Respondent Round Robin Questions[00:45:47] United States as Amicus Opening Statement[00:47:24] United States as Amicus Free for All Questions[00:54:02] United States as Amicus Round Robin Questions[00:54:09] Petitioner Rebuttal

Landor v. Louisiana Dept. of Corrections | Case No. 23-1197 | Oral Argument Date: 11/10/25 | Docket Link: HereOverviewThis is the Supreme Court oral argument in Landor versus Louisiana Department of Corrections, examining when prison guards clip constitutional claims. Damon Landor kept his Rastafarian vows for nearly two decades, but with just three weeks left in his sentence, Louisiana guards forced him down and shaved his head—even after he showed them a court ruling that said this exact act breaks federal law. Can Landor seek damages against the prison guard after Landor becomes free? Oral Advocates:For Petitioner (Landor): Zachary D. Tripp, Washington, D.C. argues for Petitioner LandorFor United States (as Amicus Curiae Supporting Petitioner): Libby A. Baird, Assistant to the Solicitor General, Department of Justice For Respondent (Louisiana Department of Corrections): J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, Lousiana Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Case Preview[00:00:59] Argument Begins[00:01:10] Petitioner Opening Statement[00:03:02] Petitioner Free for All Questions[00:18:33] Petitioner Round Robin Questions[00:50:19] United States as Amicus Opening Statement[00:51:22] United States as Amicus Free for All Questions[01:00:54] United States as Amicus Round Robin Questions[01:20:33] Respondent Opening Statement[01:22:39] Respondent Free for All Questions[01:45:57] Respondent Round Robin Questions[01:48:15] Petitioner Rebuttal

Fernandez v. United States | Case No. 24-556 | Oral Argument Date: 11/12/25 | Docket Link: Here | The Sentence Reduction Standoff: Compassion Versus Collateral AttackCarter v. United States | Case No. 24-860 | Oral Argument Date: 11/12/25 | Docket Link: Here (consolidated with Rutherford v. United States | Case No. 24-820 | Docket Link: Here) | Retroactivity Rebellion: Can Courts Correct What Congress Left Behind?SCOTUS.cases.pod@gmail.comOverviewThis episode examines two closely related cases that challenge the boundaries of federal compassionate release authority. Both Fernandez v. United States and Rutherford v. United States/Carter ask when trial judges can consider circumstances beyond traditional personal factors when reducing sentences for "extraordinary and compelling" reasons. Together, these cases will define the scope of judicial discretion in the modern federal sentencing system.Central Questions:• Fernandez: Can judges consider potential innocence as "extraordinary and compelling" circumstances?• Rutherford/Carter: Can judges consider sentencing disparities created by the First Step Act's changes to gun laws?Connecting Theme: Both cases test whether compassionate release serves as a safety valve for rigid sentencing rules or remains limited to traditional personal circumstances like age and illness.Episode RoadmapI. Opening and Last Week's TakeawaysBrief Recap: Key developments and takeaways from last week's Supreme Court cases and decisionsII. Dual Case IntroductionWhy These Cases Matter Together:• Both involve the same statutory provision: 18 U.S.C. § 3582(c)(1)(A) "extraordinary and compelling reasons"• Both challenge circuit court restrictions on judicial discretion• Both cases generated significant amicus brief activity (7 briefs for Fernandez, 13 for Rutherford/Carter)• Combined impact could reshape federal sentencing landscapeIII. Fernandez v. United States - The Innocence QuestionA. Case Background and Procedural HistoryKey Talking Points:• Joe Fernandez's 2013 conviction in SDNY for conspiracy to commit murder-for-hire• Trial relied heavily on cooperating witness "Darge"• Judge Alvin K. Hellerstein imposed consecutive life sentences• Partial success on Section 2255 appeals (firearm conviction overturned)• 2021 compassionate release motion combining innocence concerns with sentencing disparityB. The Trial Judge's Dilemma (3-4 minutes)Critical Quote: Judge Hellerstein's statement that "a certain disquiet remains" about the conviction and his admission of being "unsure that [Fernandez] was Darge's back-up, or that he was a member of the conspiracy."Discussion Points:• What it means when a federal judge questions his own sentencing decision• The human element: potentially sentencing an innocent person to die in prison• Second Circuit's reversal joining "near-unanimous consensus" against innocence considerationsC. Legal Arguments - FernandezFernandez's Position:• Plain language: "extraordinary and compelling" contains no categorical exclusions• Structural argument: Congress specified only rehabilitation exclusion• No circumvention: claim differs from Section 2255 challengesGovernment's Counter:• Innocence claims are "ordinary business of the legal system"• Section 3582 limited to personal circumstances• Would create end-run around habeas proceduresD. The Broader Stakes• Formalistic rules versus individualized justice• Implications for potentially innocent federal prisoners• Major Questions Doctrine undertonesRutherford v. United States/Carter - The First Step Act Disparity QuestionA. Case Background and the "Stacking" ProblemThe Petitioners:• Daniel Rutherford: 2003 armed robberies, received consecutive mandatory minimums under old § 924(c) rules• Marcus Carter: Similar situation with harsh stacking penaltiesThe Legal Change:• Pre-2018: Each subsequent § 924(c) offense triggered escalating mandatory minimums• First Step Act 2018: Eliminated "stacking" for most offenders• Result: Thousands serving much harsher sentences than they would receive todayB. The Circuit SplitQuestion Presented: Whether district courts may consider disparities created by the First Step Act's prospective changes when deciding "extraordinary and compelling reasons"The Split:• Four circuits permit: Considering First Step Act disparities• Six circuits prohibit: Viewing such disparities as insufficientC. Arguments - Rutherford/CarterPetitioners' Position:• Massive sentencing disparities (decades longer than current law would impose)• Plain language of statute supports consideration• Congress intended meaningful discretionGovernment's Response:• Would undermine congressional choice to make changes prospective only• Floodgates concern: thousands of potential motions• Separation of powers: courts shouldn't second-guess legislative timing decisions

Trump v. V.O.S. Selections, Inc., et al. | Oral Argument: November 5, 2025 | Case No. 25-250 | Docket Link: HereConsolidated with: Learning Resources, Inc. v. Trump | Case No. 24-1287 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in the Trump Tariff cases—Trump versus V.O.S. Selections and Learning Resources versus Trump—a constitutional clash over tariffs and separation of powers. President Trump put sweeping tariffs on trillions of dollars in imports using a 1977 emergency law that says he can "regulate" trade—but the law never mentions tariffs, duties, or taxes, and the Constitution gives only Congress the power to tax. Oral Advocates:For Petitioner (Federal Parties): D. John Sauer, Solicitor General, Department of Justice, Washington, D.C. For Respondent (Private Parties): Neal K. Katyal, Washington, D.C. For Respondent (State Parties): Benjamin N. Gutman, Solicitor General, Salem, OregonLink to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Argument Overview[00:00:44] Argument Begins[00:00:56] Federal Parties Opening Statement[00:02:53] Federal Parties Free for All Questions[00:36:05] Federal Parties Sequential Questions[01:15:56] Private Parties Opening Statement[01:18:27] Private Parties Free for All Questions[01:36:30] Private Parties Sequential Questions[02:12:28] State Parties Opening Statement[02:13:28] State Parties Free for All Questions[02:33:00] State Parties Sequential Questions[02:35:40] Federal Parties Rebuttal

Hain Celestial Group, Inc. v. Palmquist | Case No. 24-724 | Oral Argument Date: 11/4/25 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in Hain Celestial Group versus Palmquist, a forum fight about when courts keep cases they never should have had. A Texas family sued two companies over their child's heavy metal poisoning from baby food—but after a federal court wrongly kicked out one defendant and ran a two-week trial, an appeals court said the case never belonged in federal court, forcing everyone back to square one. Questions Presented:Whether a district court's final judgment as to completely diverse parties must be vacated when an appellate court later determines that it erred by dismissing a non-diverse party at the time of removal. Whether a plaintiff may defeat diversity jurisdiction after removal by amending the complaint to add factual allegations that state a colorable claim against a nondiverse party when the complaint at the time of removal did not state such a claim.Oral Advocates:For Petitioner (Hain and Whole Foods): Sarah E. Harrington, Washington, D.C. For Respondent (Palmquist): Russell S. Post, Houston, TexasLink to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Argument Overview[00:00:42] Argument Begins[00:00:50] Petitioner Opening Statement[00:03:08] Petitioner Free for All Questions[00:26:21] Petitioner Sequential Questions[00:26:24] Respondent Opening Statement[00:28:31] Respondent Free for All Questions[00:40:05] Petitioner Rebuttal

Coney Island Auto Parts, Inc. v. Burton | Case No. 24-808 | Oral Argument Date: 11/5/25 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in Coney Island Auto Parts versus Burton, a time trap tangle examining when void verdicts gain validity. Coney Island's bank account gets frozen for nearly $100,000 based on a 2015 Tennessee judgment they claim they never knew about. When Coney finally fights back seven years later, the Sixth Circuit dismisses the case, saying that you waited too long to challenge the judgment Coney didn’t even know about. "If something never existed in the first place, does waiting too long to challenge it make it real? Question Presented: Whether Federal Rule of Civil Procedure 60(c)(1) imposes any time limit to set aside a void default judgment for lack of personal jurisdiction.Oral Advocates:For Petitioner (Coney): Daniel Ginzburg, Freehold, N.J. For Respondent (Burton): Lisa S. Blatt, Washington, D.C.Link to Opinion: TBD.Website Link to Opinion Summary: TBD. Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Argument Preview[00:00:58] Argument Begins[00:01:07] Petitioner Opening Statement[00:03:17] Petitioner Free for All Questions[00:19:12] Petitioner Sequential Questions[00:19:15] Respondent Opening Statement[00:20:33] Respondent Free for All Questions[00:34:10] Petitioner Rebuttal

Hencely v. Fluor Corp. | Case No. 24-924 | Argued: 11/3/25| Decided 4/22/26 | Docket Link: HereQuestion Presented: Whether federal law preempts state tort claims against military contractors for unauthorized conduct violating military instructions.Overview: Supreme Court narrows military contractor immunity, ruling contractors face state tort liability when they violate rather than follow government orders during wartime operations.Posture: Fourth Circuit affirmed summary judgment for contractor based on federal preemption.Holding: The Court of Appeals for the Fourth Circuit erred in finding Winston Hencely’s state-law tort claims preempted where the Federal Government neither ordered nor authorized Fluor Corporation’s challenged conduct.Voting Breakdown: 6-3 decision vacated Fourth Circuit judgment. Justice Thomas authored majority opinion joined by Sotomayor, Kagan, Gorsuch, Barrett, and Jackson.Majority Reasoning: (1) Neither Constitution nor federal statute expressly preempts tort suits against contractors who violate military instructions; (2) Boyle doctrine protects contractors only when they conform to government specifications, not when they breach obligations; (3) Federal preemption requires actual conflict with federal law, not judicial speculation about federal interests.Separate Opinions:Justice Alito (dissenting, joined by Roberts and Kavanaugh): Constitution's war powers exclusively assign military authority to federal government; state regulation of combat zone security arrangements violates structural separation of powers and encroaches on federal military domain.Implications: Military contractors lose blanket wartime immunity and face state tort liability when violating military instructions. Military families gain clearer accountability paths through state courts. Contractors must strengthen compliance with military supervision requirements to avoid potential liability. Decision reinforces targeted conflict preemption over broad field preemption doctrine.The Fine Print:Federal Tort Claims Act § 2680(j): Preserves government immunity for "any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war"Supremacy Clause, Article VI, Clause 2: Constitution, federal statutes, and treaties constitute "the supreme Law of the Land" requiring state law to yield when conflicting with federal directivesPrimary Cases:Boyle v. United Technologies Corp. (1988): Federal preemption protects military contractors only when they conform to government specifications and follow precise government directionsYearsley v. W.A. Ross Construction Co. (1940): Contractors receive constitutional immunity only when sued precisely for accomplishing what Federal Government requested under valid authorityOral Advocates:For Petitioner (Hencely): Frank H. Chang, Arlington, Virginia argues for Petitioner Hencely.For Respondent (Fluor): Mark W. Mosier, Washington, D.C.For United States as Amicus Curiae Supporting Respondent: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C.Timestamps:[00:00:00] Argument Overview[00:00:48] Argument Begins[00:00:55] Petitioner Opening Statement[00:02:32] Petitioner Free for All Questions[00:26:18] Petitioner Sequential Questions[00:33:50] Respondent Opening Statement[00:36:12] Respondent Free for All Questions[00:54:59] Respondent Sequential Questions[01:07:11] United States Opening Statement[01:08:25] United States Free for All Questions[01:18:13] United States Sequential Questions[01:28:31] Petitioner Rebuttal

Rico v. United States | Case No. 24-1234 | Oral Argument Date: 11/3/25 | Docket Link: HereOverviewToday, the Supreme Court hears oral arguments in Rico versus United States, the disappearing defendant dilemma examining when sentence clocks stop ticking. Isabel Rico went on the run during her 42-month release term. The government says her time on the run doesn't count toward her sentence.Question Presented: Whether the fugitive-tolling doctrine applies in the context of supervised release.Oral Advocates:For Petitioner: Adam G. Unikowsky, Washington, D.C.For Respondent: Joshua K. Handell, Assistant to the Solicitor General, Department of Justice, Washington, D.C.Timestamps:[00:00:00] Argument Overview[00:00:37] Argument Begins[00:00:45] Petitioner Opening Statement[00:02:30] Petitioner Free for All Questions[00:24:20] Petitioner Sequential Questions[00:24:35] Respondent Opening Statement[00:26:25] Respondent Free for All Questions[00:52:15] Respondent Sequential Questions[00:52:20] Petitioner Rebuttal

Geo Group v. Menocal Case No. 24-758 | Oral Argument Date: 11/10/25OverviewThis episode examines The GEO Group, Inc. versus Menocal, a technical procedural fight with massive real-world consequences for the hundreds of billions of dollars the U.S. government spends on contracts annually. The case pits the efficiency of the justice system against the government's ability to use private contractors to carry out its functions. At stake is whether a government contractor who loses a pre-trial claim of "derivative sovereign immunity" can appeal that decision immediately, or must wait until after a full, costly trial before an appeals court can weigh in.Episode RoadmapOpening: A Procedural Privilege: A Fast-Pass to Appeal?Upcoming Oral Arguments: Week of November 3, 2025Monday, Nov. 3: Rico versus United StatesHencely versus Fluor Corp.Tuesday, Nov. 4:Coney Island Auto Parts, Inc. versus BurtonHain Celestial Group versus PalmquistWednesday, Nov. 5:The Trump Tariff Cases (Trump v. V.O.S. Selections, Inc., et al. and Learning Resources, Inc. v. Trump)• Note: The argument for Hamm versus Smith has been moved to December 10th.Key Concepts Explained:Sovereign Immunity: The "king can do no wrong" principle; governments generally cannot be sued without their consent.Derivative Sovereign Immunity: The core defense from Yearsley, claiming a contractor shares the government's immunity when it "performed as the Government directed."Collateral-Order Doctrine: The Cohen exception; allows immediate appeal for a true "immunity from suit," not just a "defense to liability."Background:The GEO Group, a private contractor operating an ICE facility, was sued by detainees.The claims allege forced labor (violating the TVPA) and unjust enrichment ($1/day pay).GEO claimed Yearsley immunity, arguing ICE directed the policies.Lower Court Journey:The district court denied GEO's immunity claim, finding GEO had discretion.The Tenth Circuit dismissed GEO's immediate appeal for lack of jurisdiction.The court found an "overlap" between the immunity claim (facts of direction) and the case merits (facts of lawfulness), so it was not a "collateral order."This created a deep circuit split.Petitioner's (GEO) Arguments:Yearsley provides a true "immunity from suit," not just a defense.Precedent compels appealability: Filarsky (giving immunity to an individual contractor) + Mitchell (making that immunity appealable) = GEO wins.The Tenth Circuit's "overlap" reasoning was rejected in Mitchell.Policy: Denying appeals hamstrings government functions; contractors will "raise their price."Respondent's (Menocal) & U.S. Government's Arguments:"Derivative sovereign immunity" doesn't exist; sovereign immunity is "non-delegable."Yearsley only grants a "defense to liability" (no liability), not an "immunity from suit" (no suit).A true immunity protects unlawful conduct (if law isn't clear), but Yearsley only protects lawful conduct (following directions).The order fails Cohen's third prong: It can be effectively reviewed after a final judgment.GEO's Reply:Respondents are attacking a "Grand Straw Man"; GEO claims conditional immunity, not the government's total immunity.The Court cannot ignore Filarsky: An individual contractor received this protection, and a corporation is no different.Stakes & Oral Argument Preview:How will the Justices treat the Filarsky and Mitchell precedents?The "battle of the bright lines": Does GEO's rule flood the courts, or does Menocal's rule terrify contractors?

Landor v. Louisiana Department of Corrections | Case No. 23-1197 | Oral Argument Date: 11/10/25 | Docket Link: HereQuestion Presented: Whether an individual may sue a government official in his individual capacity for damages for violations of RLUIPA.OverviewThis episode examines Landor v. Louisiana Department of Corrections, a case that could reshape religious liberty enforcement in prisons by determining whether inmates can sue individual prison officials for personal damages under RLUIPA. The case centers on Damon Landor, a devout Rastafarian whose decades-long dreadlocks were forcibly shaved despite existing Fifth Circuit precedent protecting such religious practices.Episode RoadmapOpening: Religious Freedom Behind Bars• November 10th, 2025 oral argument date• Stakes: Personal liability for prison officials violating religious rights• Case follows Supreme Court's 2020 Tanzin decision allowing individual damages under sister statute RFRA• Potential nationwide impact on prisoners' religious rights enforcementBackground: The Nazarite Vow Violation• Damon Landor: devout Rastafarian following biblical Nazarite Vow for nearly two decades• Dreadlocks fell "nearly to his knees" when incarcerated in August 2020• First four months uneventful at two accommodating facilities• Transfer to Raymond Laborde Correctional Center with three weeks left in sentenceThe Shocking Violation• Landor provided intake guard with Ware decision requiring accommodation• Guards threw legal materials in garbage and summoned warden• Warden demanded documentation from sentencing judge• When Landor couldn't immediately provide, officials handcuffed him to chair and shaved him bald• Prison then kept Landor in lockdown for remainder of sentenceStatutory Framework: RFRA and RLUIPA as "Sister Statutes"• Both enacted in response to Employment Division v. Smith limiting religious freedom protection• RLUIPA applies to state prisons receiving federal funds through Spending and Commerce Clauses• Identical language to RFRA: "appropriate relief against a government"• Tanzin held RFRA permits individual-capacity damages - question is whether RLUIPA does sameThe Circuit Split and Lower Court Decision• Fifth Circuit rejected individual-capacity claims under RLUIPA• Distinguished Tanzin as applying only to federal officials under RFRA• Judge Oldham's dissent called facts "stark and egregious"• Judge Clement's concurrence noted "visceral" need for damages remedyLandor's Arguments (Seeking Individual Damages)• RLUIPA's text is "identical" to RFRA's - same language must mean same remedies• Damages were available against state officers before Smith decision• RLUIPA "made clear" Congress intended to "reinstate" pre-Smith protections and remedies• Damages often "only form of relief that can remedy" violations like forced head-shavingLouisiana's Arguments (Opposing Individual Liability)• RLUIPA only permits suits against "government" entities, not individual officials• Sossamon precedent shows Congress did not clearly authorize damages against states• Spending Clause conditions cannot extend to individual officer liability• Sovereign immunity principles protect state officials from personal damagesConstitutional Stakes: Spending Clause Analysis• Whether Congress can impose personal liability conditions on state officials through federal funding• Landor argues conditions clearly relate to federal spending on prisons• Louisiana contends extending liability to individuals exceeds spending power• Parallel to other federal funding programs requiring individual complianceThe Practical Impact Question• Damages as deterrent: Will personal liability improve religious accommodation?• Louisiana's policy change: Department amended grooming policy in response to lawsuit• Private enforcement supplement: Government cannot monitor all prison violations• Fifth Circuit precedent shows even clear legal rulings insufficient without enforcement mechanismBroader Religious Liberty ImplicationsIf Landor Wins:• Prisoners gain powerful enforcement tool for religious rights violations• Individual deterrent effect on prison officials nationwide• Consistency with Tanzin's RFRA interpretation• Enhanced protection for minority religious practices in institutional settingsIf Louisiana Wins:• Limits enforcement to institutional defendants only• Potential immunity shield for individual religious rights violations• Inconsistency between RFRA and RLUIPA despite identical language• Reduced deterrent effect on individual officer misconductLooking Ahead to November 10th Oral Arguments• Justices' reaction to "sister statute" argument and Tanzin precedent• Questions about Spending Clause limits on individual officer liability• Practical enforcement concerns and deterrent effects• Constitutional consistency between federal (RFRA) and state (RLUIPA) religious liberty protectionKey Legal Concepts ExplainedIndividual-capacity versus official-capacity lawsuitsRLUIPA's Spending Clause and Commerce Clause foundationsReligious accommodation in correctional settings• Statutory interpretation of identical language across related statutes• Personal liability as enforcement mechanism for constitutional rights

Coney Island Auto Parts v. Burton | Case No. 24-808 | Oral Argument Date: 11/5/25 | Docket Link: HereQuestion Presented: Whether Federal Rule of Civil Procedure 60(c)(1) imposes any time limit to set aside a default judgment void for lack of personal jurisdiction.OverviewThis episode examines a deceptively simple civil procedure case that could fundamentally reshape how federal courts handle void judgments, creating a constitutional tension between centuries-old legal principles and modern procedural rules about timing requirements for challenging judgments that courts never had authority to enter.Episode RoadmapOpening: The Void Judgment ParadoxNovember 5th, 2025 oral argument dateCircuit split: Sixth Circuit stands alone against every other federal circuitCore tension: Can procedural rules validate what should never have existed?Affects every federal court nationwide using Rule 60Background: The Seven-Year JourneyVista-Pro Automotive bankruptcy in Nashville, TennesseeFebruary 2015: Default judgment against Coney Island Auto Parts for $48,696.21Coney Island claims never received proper service - no personal jurisdiction2020: Trustee registers judgment in New York, freezes $100,000 in bank accountsMarch 2022: Seven years later, Coney Island files Rule 60(b)(4) motion to vacateThe Central Legal QuestionRule 60(b)(4): Courts can vacate judgments that "are void"Rule 60(c)(1): "Any motion under Rule 60(b) must be made within a reasonable time"Does "reasonable time" apply to truly void judgments?Fundamental question: Can time limits apply to legal nullities?Lower Court JourneyTennessee bankruptcy court grants motion to vacateSixth Circuit reverses 2-1, applies "reasonable time" requirementCreates circuit split with every other federal circuitSupreme Court grants certiorari to resolve nationwide inconsistencyConstitutional Framework: Due Process and JurisdictionPersonal jurisdiction: Court's authority over partiesVoid judgment: "No judgment at all" - legal nullity from inceptionDue process concerns: Enforcing judgments without proper noticeHistorical principle: Void judgments attackable at any timePetitioner's Arguments (Coney Island Auto Parts):Argument 1: Logical Impossibility"If a judgment is void immediately upon entry, how could the passage of time vivify it?"Void means legal nullity - cannot gain validity through delayProcedural rules cannot breathe life into what never existedArgument 2: Historical Practice and TraditionCenturies of precedent allowing challenges to void judgments at any time1946 Advisory Committee intended "reasonable time" for voidable, not void judgmentsAdvisory Committee statements distinguish void from voidable judgmentsArgument 3: Judicial ConsensusEvery circuit except Sixth Circuit recognizes exception for void judgmentsWell-established understanding that void judgments are special categoryCircuit split demonstrates widespread acceptance of traditional ruleRespondent's Arguments (Burton):Argument 1: Plain Text ControlsRule 60(c)(1): "A motion under Rule 60(b) must be made within a reasonable time"Rule 60(b)(4) is part of Rule 60(b) - text is unambiguousEvery tool of statutory interpretation supports time limitsArgument 2: Rule Structure and Drafting HistoryDrafters knew how to create exceptions - did so for Rules 60(b)(1)-(3)Advisory Committee rejected proposal imposing no time limits for void judgmentsCommittee agreed "all motions should be made within a reasonable time"Argument 3: Procedural vs. Substantive DistinctionTime limits don't validate void judgments - they impose procedural requirementsDistinction between judgment validity and challenge proceduresPrevents "flagrantly inequitable conduct" and protects finality interestsEpisode HighlightsKey Legal Concepts ExplainedPersonal Jurisdiction: Court's legal authority over parties to a lawsuitVoid Judgment: Legal nullity with no validity from the moment enteredDefault Judgment: Judgment entered when defendant fails to respondRule 60(b)(4): Federal rule allowing relief from void judgmentsService of Process: Legal requirement to provide proper notice of lawsuitCircuit Split: When federal appeals courts reach conflicting decisionsDue Process: Constitutional requirement of fair legal proceedings

Trump v. V.O.S. Selections, Inc., et al. | Oral Argument: November 5, 2025 | Case No. 25-250 | Docket Link: HereConsolidated with: Learning Resources, Inc. v. Trump | Case No. 24-1287 | Docket Link: HereSeptember 10th Episode (A Constitutional Clash: Trump's Tariffs and the Separation of Powers): https://scotus-oral-arguments.captivate.fm/episode/a-constitutional-clash-trumps-tariffs-and-the-separation-of-powers/OverviewThis episode examines the Supreme Court's September 9, 2025 Order that expedited review of two consolidated cases challenging President Trump's authority to impose sweeping tariffs under the International Emergency Economic Powers Act (IEEPA), representing a constitutional clash over the separation of powers and presidential trade authority.RoadmapOpening: Explosive Constitutional QuestionsSeptember 9, 2025 certiorari grant and consolidation orderExpedited briefing schedule for November 2025 oral argumentsStakes: Presidential power to tax trillions in trade and reshape the economyBackground: The Trump Tariff OrdersReciprocal Tariffs: 10% on virtually all imports, higher rates for 57 countriesTrafficking Tariffs: Levies on Mexico, Canada, and China for drug enforcementIEEPA as claimed statutory authority for both tariff schemesNational emergency declarations underlying the ordersThe Central Legal QuestionDoes "regulate" in IEEPA include power to impose tariffs?Constitutional separation of taxing vs. regulating powersArticle I distinctions between taxation and commerce regulationHistorical significance: "No taxation without representation"Lower Court JourneyMultiple simultaneous lawsuits in different courtsDistrict court and Court of International Trade conflicting approachesFederal Circuit en banc decision striking down tariffsJudge Taranto's influential dissent supporting tariff authorityReferenced CasesTrump v. V.O.S. Selections | Case No. 24-1286 | Docket Link: HereQuestion Presented: Whether IEEPA authorizes the President to impose these specific sweeping tariffsGovernment Arguments:"Regulate" includes power to impose tariffs as lesser-included authorityHistorical practice supports broad executive trade power during emergenciesMajor questions doctrine doesn't apply in foreign policy contextsV.O.S. Arguments:Constitutional separation requires clear authorization for taxation"Regulate" and "tariff" are distinct powers with different purposesMajor questions doctrine requires explicit congressional authorizationLearning Resources v. Trump | Case No. 24-1287 | Docket Link: HereQuestion Presented: Whether IEEPA authorizes any presidential tariffs whatsoeverLearning Resources Arguments:"Regulate" means control behavior, "tariff" means raise revenue - fundamentally differentNo historical practice of IEEPA tariffs in nearly 50 yearsConstitutional avoidance: IEEPA covers exports where tariffs are prohibitedGovernment Arguments:Plain text of "regulate importation" naturally includes tariff authorityYoshida precedent shows Congress ratified tariff interpretationPresidential action deserves greater deference than agency actionKey Legal Precedents ExaminedHistorical Foundation CasesGibbons v. Ogden (1824): Marshall's distinction between taxing and regulating powersUnited States v. Yoshida International (1975): Nixon import surcharge precedentFederal Energy Administration v. Algonquin SNG (1976): "Adjust imports" includes feesModern Constitutional DoctrinesMajor Questions Doctrine: Clear authorization required for "vast economic and political significance"Constitutional Avoidance: Interpreting statutes to avoid constitutional problemsNoscitur a Sociis: "Word known by company it keeps" interpretive principleStrategic Legal ArgumentsGovernment's Core PositionTextual: "Regulate" includes "control" and "adjust by rule" - tariffs qualifyHistorical: Congressional ratification of Yoshida through IEEPA enactmentForeign Policy Exception: Major questions doctrine doesn't apply to national securityPresidential vs. Agency: Direct presidential delegation deserves greater deferenceChallengers' Core PositionSeparation of Powers: Taxing and regulating are constitutionally distinctTextual Context: Other IEEPA verbs don't involve revenue raisingConstitutional Avoidance: Export tax prohibition requires narrow readingMajor Questions: $4 trillion impact requires explicit authorizationBroader Constitutional ImplicationsIf Government WinsSweeping presidential tariff authority during declared emergenciesExpansion of executive power over traditionally congressional domainPotential model for other emergency economic powersIf Challengers WinReinforcement of congressional primacy over taxationStrengthening of major questions doctrine application to presidential actionConstraint on emergency powers in economic regulationKey Legal Concepts ExplainedIEEPA (International Emergency Economic Powers Act): 1977 law granting emergency economic authoritiesMajor Questions Doctrine: Requirement for clear authorization for actions of vast significanceConstitutional Avoidance: Interpreting statutes to avoid constitutional problemsSeparation of Powers: Constitutional division of authority between branchesForeign Policy Exception: Debate over whether normal limits apply to international contextsTimeline and Practical ImpactSeptember 19, 2025: Opening briefs dueSeptember 23, 2025: Amicus briefs dueOctober 20, 2025: Response briefs dueOctober 30, 2025: Reply briefs dueNovember 2025: Oral arguments (first week)Expected Decision: January 2026 or sooner

Hain Celestial Group, Inc. v. Palmquist | Case No. 24-724 | Oral Argument Date: 11/4/25 | Docket Link: HereQuestion Presented: Whether a district court's final judgment as to completely diverse parties must be vacated when an appellate court later determines that it erred by dismissing a non-diverse party at the time of removal; and whether a plaintiff may defeat diversity jurisdiction after removal by amending the complaint to add factual allegations that state a colorable claim against a nondiverse party when the complaint at the time of removal did not state such a claim.OverviewThis episode examines a technical but consequential case about federal court jurisdiction that could affect thousands of removal cases nationwide. The dispute centers on whether federal courts can preserve judgments when they make jurisdictional errors, presenting a fundamental tension between judicial efficiency and strict adherence to jurisdictional limits in our federal court system.Episode RoadmapOpening: When Federal Courts Keep Cases They Shouldn'tNovember 4th, 2025 oral argument dateCircuit split requiring Supreme Court resolutionStakes: Balance between judicial efficiency and jurisdictional integrityAffects every lawsuit involving forum manipulation and removalBackground: A Family Tragedy Becomes a Jurisdictional MessThe Palmquist family's baby food poisoning lawsuit in TexasE.P.'s severe heavy-metal toxicity from Hain's Earth's Best productsComplete diversity destroyed by Texas plaintiffs suing Texas defendant Whole FoodsDefendants' removal strategy and fraudulent joinder claimConstitutional and Statutory Framework28 U.S.C. § 1332: Complete diversity requirement for federal jurisdiction28 U.S.C. § 1447(c): Mandatory remand when jurisdiction lacking"Completely diverse" means every plaintiff from different state than every defendantFederal courts as courts of limited jurisdictionProcedural Journey: From State Court to Supreme CourtDistrict court's fraudulent joinder ruling dismissing Whole FoodsTwo years of federal litigation and two-week jury trialFifth Circuit reversal: Whole Foods properly joined, judgment vacatedCase remanded to state court after years of federal proceedingsThe Central Legal QuestionsCan jurisdictional "cure" occur through erroneous dismissal?Voluntary versus involuntary party dismissalsWhen does jurisdictional defect "linger" through final judgment?Episode HighlightsPetitioners' Three-Pronged Strategy (Hain and Whole Foods)Caterpillar Cure Doctrine: Drawing on 1996 precedent arguing jurisdictional defects can be cured by dismissing non-diverse parties before final judgment, tracing principle to 19th-century casesEfficiency and Finality: Emphasizing "considerations of finality, efficiency, and economy become overwhelming" once diversity case tried in federal court with state lawNewman-Green Discretionary Authority: Arguing Fifth Circuit should have dismissed Whole Foods as "dispensable party" under Rule 21 to preserve final judgmentRespondents' Counter-Attack (The Palmquist Family)Voluntary vs. Involuntary Distinction: Emphasizing Caterpillar involved voluntary settlement dismissal while here "respondents opposed the dismissal of Whole Foods and never voluntarily abandoned their claims"Master of Complaint Principle: Invoking plaintiff's right to "establish—or not—the basis for a federal court's subject-matter jurisdiction" and choose forumNo Cure Occurred: Arguing jurisdictional defect persisted because "the case has lacked complete diversity at every minute from the moment of its filing"Key Legal Concepts ExplainedDiversity jurisdiction and complete diversity requirementFraudulent joinder doctrine and removal strategyVoluntary versus involuntary dismissals in jurisdictional contextNewman-Green dispensable party doctrine under Rule 21Competing Precedential InterpretationsCaterpillar, Inc. v. Lewis (1996): Battle over whether jurisdictional cure applies to involuntary dismissalsRoyal Canin U.S.A., Inc. v. Wullschleger (2025): Recent decision on voluntary versus involuntary dismissal effectsGrupo Dataflux v. Atlas Global Group (2004): Limits on Caterpillar's jurisdictional cure doctrine

Rico v. United States | Case No. 24-1234 | Oral Argument Date: 11/3/25 | Docket Link: HereQuestion Presented: Whether the fugitive-tolling doctrine applies in the context of supervised release.OverviewThis episode examines Rico v. United States, a Supreme Court case that challenges the boundaries between judicial power and congressional authority in criminal sentencing. The case asks whether federal courts can indefinitely extend supervised release terms for defendants who abscond, despite Congress never explicitly authorizing such extensions. Through Isabel Rico's story - a woman whose 42-month sentence ballooned to over 60 months due to a judge-made doctrine - the episode explores fundamental questions about separation of powers, statutory interpretation, and criminal justice fairness.Episode RoadmapOpening: From Hollywood Script to Constitutional CrisisFugitive imagery from popular culture versus legal realityIsabel Rico's five-year disappearance and its consequencesThe "time stands still" assumption challengedThe Question and Key Statutory TextFugitive-tolling doctrine definition and application18 U.S.C. § 3624(e): Congress's one explicit tolling ruleSupervised release versus parole distinctionsRico's Story: Facts2010 drug conviction and original sentencing2017-2018 supervised release violations and abscondment2021-2022 state crimes during fugitive periodLegal Arguments: Three-Way BattleRico's textual, historical, and common law challengesGovernment's supervision, tradition, and policy defensesReply brief rebuttals and constitutional principlesOral Argument PreviewKey dynamics to watch on November 3rdJustice personalities and criminal law philosophiesPractical implementation questionsBroader Constitutional StakesSeparation of powers implicationsImpact on federal supervised release practiceCriminal law interpretation principlesEpisode Highlights"Time Stood Still" Myth ExposedRico's case reveals that the popular assumption about fugitive time - that sentence clocks pause when defendants flee - has no basis in federal supervised release statutes.Congressional Intent Detective WorkDetailed exploration of how Congress explicitly authorized fugitive tolling for parole in 1976 but deliberately omitted it when creating supervised release in 1984.Sentencing Consequences BreakdownRico's violations jumped from 8-14 months to 33-36 months purely based on a judicial doctrine, demonstrating real-world impact of legal technicalities.Separation of Powers TensionThe case crystallizes fundamental questions about whether courts can enhance criminal punishments that Congress hasn't explicitly authorized.Common Law Versus Statute BattleGovernment's claim of "ancient tradition" meets Rico's challenge: "Show me the cases" - revealing potential gaps in historical precedent.Rule of Lenity ApplicationA canon providing that ambiguous criminal statutes should be interpreted in favor of defendants when Congress hasn't spoken clearly.Key Legal Concepts ExplainedSupervised Release: Post-prison supervision distinct from paroleFugitive Tolling: Judge-made doctrine extending sentence terms for abscondersGrade A vs. Grade C Violations: Sentencing classification system for supervised release breachesExpressio Unius Canon: When Congress includes one thing, it excludes othersCommon Law Incorporation: How historical legal principles enter modern statutesRule of Lenity: Constitutional principle favoring defendants in ambiguous criminal lawsSeparation of Powers: Constitutional limits on judicial sentence enhancement authority

Hencely v. Fluor Corp. | Case No. 24-924 | Decided April 22, 2026 | Docket Link: HereQuestion Presented: Whether federal law preempts state tort claims against military contractors for unauthorized conduct violating military instructions.Overview: Supreme Court narrows military contractor immunity, ruling contractors face state tort liability when they violate rather than follow government orders during wartime operations.Posture: Fourth Circuit affirmed summary judgment for contractor based on federal preemption.Holding: The Court of Appeals for the Fourth Circuit erred in finding Winston Hencely’s state-law tort claims preempted where the Federal Government neither ordered nor authorized Fluor Corporation’s challenged conduct.Voting Breakdown: 6-3 decision vacated Fourth Circuit judgment. Justice Thomas authored majority opinion joined by Sotomayor, Kagan, Gorsuch, Barrett, and Jackson.Majority Reasoning: (1) Neither Constitution nor federal statute expressly preempts tort suits against contractors who violate military instructions; (2) Boyle doctrine protects contractors only when they conform to government specifications, not when they breach obligations; (3) Federal preemption requires actual conflict with federal law, not judicial speculation about federal interests.Separate Opinions:Justice Alito (dissenting, joined by Roberts and Kavanaugh): Constitution's war powers exclusively assign military authority to federal government; state regulation of combat zone security arrangements violates structural separation of powers and encroaches on federal military domain.Implications: Military contractors lose blanket wartime immunity and face state tort liability when violating military instructions. Military families gain clearer accountability paths through state courts. Contractors must strengthen compliance with military supervision requirements to avoid potential liability. Decision reinforces targeted conflict preemption over broad field preemption doctrine.The Fine Print:Federal Tort Claims Act § 2680(j): Preserves government immunity for "any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war"Supremacy Clause, Article VI, Clause 2: Constitution, federal statutes, and treaties constitute "the supreme Law of the Land" requiring state law to yield when conflicting with federal directivesPrimary Cases:Boyle v. United Technologies Corp. (1988): Federal preemption protects military contractors only when they conform to government specifications and follow precise government directionsYearsley v. W.A. Ross Construction Co. (1940): Contractors receive constitutional immunity only when sued precisely for accomplishing what Federal Government requested under valid authority

Oral Argument: Louisiana v. Callais | Case No. 24-109 | Oral Argument Date: 10/15/25Link to Docket: HereConsolidated with: Robinson v. Callais | Case No. 24-110 | Oral Argument Date: 10/15/25 | Docket Link: HereCase Preview: HereBackground: Over the State's strenuous objections, the Middle District of Louisiana held, Robinson v. Ardoin , 605 F. Supp. 3d 759 (M.D. La. 2022)-and the Fifth Circuit affirmed, Robinson v. Ardoin , 86 F.4th 574 (5th Cir. 2023)-that Louisiana likely violated Section 2 of the Voting Rights Act (VRA) by failing to create a second majority-Black congressional district. The Fifth Circuit gave the Legislature a small window of time to adopt its own remedial plan, or else the State would have to go to trial, which would almost certainly end in the Middle District imposing its own preferred map.Rather than acquiesce in the Middle District's preferences, the Legislature reclaimed its sovereign redistricting pen and passed S.B. 8, which created a second majority-Black district as the courts demanded, protected the Legislature's sovereign prerogatives, and achieved its political goals. In this case, a majority of a three-judge court sitting in the Western District of Louisiana enjoined S.B. 8 as an unconstitutional racial gerrymander.Question Presented: Did the majority err in finding that race predominated in the Legislature's enactment of S.B. 8? Did the majority err in finding that S.B. 8 fails strict scrutiny? Did the majority err in subjecting S.B. 8 to the Gingles preconditions? Is this action non-justiciable?Oral Advocates:For Petitioner Press Robinson: Janai Nelson, New YorkFor Petitioner Louisiana: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, LouisianaFor Appellees: Edward D. Greim, Kansas City, MissouriFor United States, as Amicus Curiae, in Support of Appellees: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of JusticeTimestamps:[00:00:00] Argument Preview[00:01:00] Argument Begins[00:01:09] Appellant Press Robinson Opening Statement[00:03:32] Appellant Press Robinson Free for All Questions[00:26:15] Appellant Press Robinson Sequential Questions[00:47:32] Appellant Louisiana Opening Statement[00:49:02] Appellant Louisiana Free for All Questions[00:57:59] Appellant Louisiana Sequential Questions[01:20:21] Callais Appellees Opening Statement[01:21:47] Callais Appellees Free for All Questions[01:31:11] Callais Appellees Sequential Questions[01:40:35] United States as Amicus Curaie Opening Statement[01:41:42] United States as Amicus Curaie Free for All Questions[01:51:08] United States as Amicus Curaie Sequential Questions[02:25:32] Appellant Press Robinson Rebuttal

Oral Argument: Case v. Montana | Case No. 24-624 | Oral Argument Date: 10/15/25Link to Docket: HereCase Preview: HereQuestion Presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.Oral Advocates:For Petitioner: Fred A. Rowley, Jr., Los AngelesFor Respondent: Christian B. Corrigan, Solicitor General, MontanaUnited States as Amicus Curiae: Zoe A. Jacoby, Assistant to the Solicitor General, Department of JusticeHolding: Brigham City’s objective reasonableness standard for warrantless home entries to render emergency aid applies without further gloss and was satisfied in this case.Result: Affirmed.Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justices Sotomayor and Gorsuch filed concurring opinions.Link to Opinion: Here.Timestamps:[00:00:00] Episode Preview[00:00:50] Argument Begins[00:01:02] Petitioner Opening Statement[00:03:12] Petitioner Free for All Questions[00:27:25] Petitioner Sequential Questions[00:39:50] Respondent Opening Statement[00:41:41] Respondent Free for All Questions[00:55:44] Respondent Sequential Questions[01:00:52] United States as Amicus Curaie Opening Statement[01:02:01] United States as Amicus Curaie Free for All Questions[01:09:15] United States as Amicus Curaie Sequential Questions[01:10:40] Petitioner Rebuttal

Oral Argument: Ellingburg v. United States | Case No. 24-482 | Oral Argument Date: 10/14/25Link to Docket: HereCase Preview: HereQuestion Presented: Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.Oral Advocates:For Petitioner: Amy M. Saharia, Washington, D.C. argued for petitioner.For Respondent in Support of Vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice argued for respondent in support of vacatur.For Court-Appointed Amicus Curiae in Support of Judgment Below: John F. Bash, Austin, Texas.Link to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD.Timestamps:[00:00:00] Argument Preview[00:00:58] Argument Begins[00:01:06] Petitioner Opening Statement[00:03:14] Petitioner Free for All Questions[00:14:04] Petitioner Sequential Questions[00:18:36] Respondent in Support of Vacatur Opening Statement[00:19:45] Respondent in Support of Vacatur Free for All Questions[00:33:22] Respondent in Support of Vacatur Sequential Questions[00:34:41] For Court-Appointed Amicus Curiae in Support of Judgment Below Opening Statement[00:37:03] For Court-Appointed Amicus Curiae in Support of Judgment Below Free for All Questions[01:01:03] For Court-Appointed Amicus Curiae in Support of Judgment Below Sequential Questions[01:02:09] Petitioner Rebuttal

Oral Argument: Bowe v. United States | Case No. 24-5438 | Oral Argument Date: 10/14/25 Link to Docket: HereCase Preview: HereBackground: Under 28 U.S.C. § 2244(b)(1), “[ a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ” (emphasis added).Question Presented:Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255. * * * Under 28 U.S.C. § 2244(b)(3)(E), “[ t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari. ” (emphasis added).Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255.Oral Advocates:For Petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Florida. For Respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Court-appointed amicus curiae in support of judgment below as to Question 1: Kasdin M. Mitchell, Dallas, Tex. Link to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Argument Preview[00:00:47] Argument Begins[00:00:55] Petitioner Opening Statement[00:02:46] Petitioner Free for All Questions[00:23:01] Petitioner Sequential Questions[00:36:49] Respondent Opening Statement[00:39:09] Respondent Free for All Questions[01:03:04] Respondent Sequential Questions[01:14:14] Court-Appointed Amicus Opening Statement[01:16:15]  Court-Appointed Amicus Free for All Questions[01:27:23]  Court-Appointed Amicus Sequential Questions[01:28:11] Petitioner Rebuttal

Oral Argument: Postal Service v. Konan | Case No. 24-351 | Oral Argument Date: 10/8/25 Link to Docket: HereCase Preview: HereBackground: The Federal Tort Claims Act (FTCA), ch. 753, 60 Stat. 842 (28 U.S.C. 1346(b), 2671 et seq .), generally waives the United States' sovereign immunity for suits seeking damages "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission" of an employee of the federal government "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)(1). The FTCA, however, excepts from that waiver of immunity "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter." 28 U.S.C. 2680(b).Question Presented: Whether a plaintiff's claim that she and her tenants did not receive mail because Postal Service employees intentionally did not deliver it to a designated address arises out of "the loss" or "miscarriage" of letters or postal matter. 28 U.S.C. 2680(b).Oral Advocates:For Petitioner: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For Respondent: Easha Anand, Menlo Park, Ca.Link to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD. Timestamps:

Oral Argument: Bost v. Illinois State Bd. of Elections | Case No. 24-568 | Oral Argument Date: 10/8/25Link to Docket: HereCase Preview: https://scotus-oral-arguments.captivate.fm/episode/upcoming-oral-argument-bost-v-illinois-ballot-box-bout-when-can-candidates-challenge-election-rules/Background: Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted state laws that allow ballots to be received and counted after Election Day. Petitioners contend these state laws are preempted under the Elections and Electors Clauses. Petitioners sued to enjoin Illinois' law allowing ballots to be received up to fourteen days after Election Day.Question Presented: Whether Petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standing to challenge state time, place, and manner regulations concerning their federal elections.Oral Advocates:For Petitioner: Paul D. Clement, Alexandria, Va.;United States, as Amicus Curiae: Michael Talent, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Respondent: Jane E. Notz, Solicitor General, Chicago, Ill.Link to Opinion: Here.Holding: As a candidate for office, Congressman Bost holds standing to challenge the laws that govern the counting of votes in his election.Result: Reversed and remanded.Voting Breakdown: 7-2. Chief Justice Roberts delivered the opinion of the Court in which Justices Alito, Thomas, Gorsuch, and Kavanaugh joined. Justice Barrett filed an opinion concurring in the judgment in which Justice Kagan joined. Justice Jackson filed a dissenting opinion in which Justice Sotomayor joined.

Oral Argument: Chiles v. Salazar | Case No. 24-539 | Oral Argument Date: 10/7/25 Link to Docket: HereCase Preview: Here Question Presented: Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.Oral Advocates:For Petitioner: James A. Campbell, Lansdowne, Va.For United States as Amicus Curiae: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.For Respondent: Shannon W. Stevenson, Colorado Solicitor GeneralLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Case Preview[00:00:50] Argument Begins[00:00:57] Petitioner Opening Statement[00:02:46] Petitioner Free for All Questions[00:17:59] Petitioner Sequential Questions[00:27:48] United States Opening Statement[00:35:27] United States Sequential Questions[00:45:41] Respondent Opening Statement[01:09:00] Respondent Sequential Questions[01:22:28] Petitioner Rebuttal

Oral Argument: Barrett v. United States | Case No. 24-5774 | Oral Argument Date: 10/7/25 Link to Docket: HereCase Preview: HereQuestion Presented:Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and§ 924(j), a question that divides seven circuits but about which the Solicitor General and Petitioner agree.Whether "Hobbs Act robbery qualifies as a crime of violence under §924(c) (3)(A), a question left open after" United States v. Taylor , 596 U.S. 845 (2022). United States v. Stoney , 62 F.4th 108, 113 (3d Cir. 2023).Oral Advocates:For Petitioner: Matthew B. Larsen, Assistant Federal Defender, New York, N. Y. For Respondent in Support of Petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For Court-Appointed Amicus Curiae in Support of Judgment Below: Charles L. McCloud, Washington, D.C. Link to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Case Preview[00:01:00] Argument Begins[00:01:07] Petitioner Opening Statement[00:02:51] Petitioner Free for All Questions[00:14:24] Petitioner Sequential Questions[00:30:00] United States Opening Statement[00:31:10] United States Free for All Questions[00:41:24] United States Sequential Questions[00:45:49] Court-Appointed Amicus Opening Statement[00:47:41] Court-Appointed Amicus Free for All Questions[01:00:45] Court-Appointed Amicus Sequential Questions[01:00:57] Petitioner Rebuttal

Oral Argument: Berk v. Choy | Case No. 24-440 | Oral Argument Date: 10/6/25 Link to Docket: HereEpisode Preview: HereBackground: Question Presented: Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court.Oral Advocates:For Petitioner: Andrew T. Tutt, Washington, D.C. For Respondent: Frederick R. Yarger, Denver, CO.Link to Opinion: TBD.Website Link to Opinion Summary: TBD.Website Link to Oral Argument: TBD. Timestamps: [00:00:00] Argument Intro[00:00:33] Argument Begins[00:00:39] Petitioner Opening Statement[00:02:57] Petitioner Free for All Questions[00:25:46] Petitioner Sequential Questions[00:31:36] Respondent Opening Statement[00:33:52] Respondent Free For All Questions[00:59:19] Respondent Sequential Questions[01:00:05] Petitioner Rebuttal

Oral Argument: Villarreal v. Texas | Case No. 24-557 | Oral Argument Date: 10/6/25 Link to Docket: HerePreview Episode: HereQuestion Presented: Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant's testimony during an overnight recess.Oral Advocates:For Petitioner: Stuart Banner, Los Angeles, Cal. For Respondent: Andrew N. Warthen, Assistant Criminal District Attorney, San Antonio, Tex.; and Kevin J. Barber, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)TimestampsTable of Contents[00:00:00] Episode Intro[00:00:41] Argument Begins[00:00:48] Petitioner Opening Statement [00:25:46] Petitioner Sequential Questions[00:40:29] Respondent Opening Statement[01:02:00] Respondent Sequential Questions[01:02:38] United States Opening Statement[01:13:14] United States Sequential Questions[01:16:15] Petitioner Rebuttal

Louisiana v. Callais | Case No. 24-109 | Oral Argument Date: 10/15/25 | Docket Link: HereQuestion Presented: Whether the State's intentional creation of a second majority-minority congressional district violates the Fourteenth or Fifteenth Amendments to the U.S. Constitution.Other Referenced Episodes:• August 19th – Road Work Ahead: How Four 2024 Cases May Be Reshaping First Amendment Scrutiny | HereOverviewThis episode examines Louisiana v. Callais, a potentially transformative voting rights case that could reshape Section 2 of the Voting Rights Act and minority representation nationwide. After ordering reargument and supplemental briefing, the Supreme Court confronts whether race-conscious redistricting to create majority-minority districts violates the very constitutional amendments the VRA was designed to enforce, creating a fundamental paradox at the intersection of civil rights law and equal protection doctrine.Episode RoadmapOpening: A Constitutional Paradox• Supreme Court's unusual reargument order and supplemental question• From routine redistricting challenge to existential VRA question• Constitutional paradox: using civil rights laws to potentially strike down civil rights protectionsConstitutional Framework: The Reconstruction Amendments• Fourteenth and Fifteenth Amendment enforcement clauses• Congressional power versus Equal Protection constraints• Strict scrutiny as constitutional roadblock for race-conscious government actionBackground: From Robinson to Callais• 2022 Robinson v. Ardoin litigation establishing Section 2 violation• Complex procedural ping-pong through federal courts• Louisiana's creation of SB8-6 with second majority-Black district• March 2025 oral argument leading to reargument orderSection 2 Framework: The Gingles Test• Effects test versus intent requirement• Three-part analysis for Section 2 violations• Majority-minority districts as remedial toolLegal Arguments: Competing Constitutional VisionsAppellants' Defense (Louisiana & Robinson Intervenors):• Congressional authority under Reconstruction Amendments• Section 2 compliance as compelling governmental interest• Narrow tailoring through built-in Gingles limitationsAppellees' Challenge (Callais):• Section 2 fails congruence and proportionality review• Students for Fair Admissions requires specific discrimination evidence• "Good reasons" test provides insufficient constitutional protectionOral Argument Preview: Key Questions for Reargument• Temporal scope of congressional enforcement power• SFFA's impact on voting rights doctrine• Practical consequences for existing majority-minority districts• Federalism tensions in electoral oversightEpisode HighlightsConstitutional Tension: The same Reconstruction Amendments used to justify the VRA in 1965 now being invoked to potentially strike it down in 2025Procedural Drama: Court's unusual reargument order signals fundamental doctrinal questions about VRA's constitutional foundationsPractical Stakes: Could eliminate dozens of majority-minority congressional districts and significantly reduce minority representationHistorical Evolution: From 1982 Section 2 effects test designed to combat discrimination to 2025 argument that it perpetuates discriminationSFFA Integration: How 2023 affirmative action ruling's anti-classification principle applies to political representationEvidence Battle: Whether current Louisiana record contains sufficient proof of ongoing intentional discrimination to justify race-conscious remediesReferenced CasesStudents for Fair Admissions v. Harvard | 600 U.S. 181 (2023)Question Presented: Whether universities may use race as a factor in student admissions decisionsArguments: Established anti-classification principle requiring specific evidence of discrimination before race-conscious government action; appellees argue this standard should apply to voting rights and eliminate Section 2's effects testMiller v. Johnson | 515 U.S. 900 (1995)Question Presented: Whether Georgia's congressional redistricting plan violated Equal Protection by using race as predominant factorArguments: Warned that VRA's command for race-based districting "brings the Act into tension with the Fourteenth Amendment"; central to appellees' argument that this tension has only worsened over decadesShaw v. Hunt | 517 U.S. 899 (1996)Question Presented: Whether North Carolina's race-conscious redistricting plan satisfied strict scrutinyArguments: Established "good reasons" test allowing states to consider race if they have strong basis in evidence for believing VRA compliance required; appellees attack this as insufficient constitutional protectionCity of Boerne v. Flores | 521 U.S. 507 (1997) | Docket Link: HereQuestion Presented: Whether Religious Freedom Restoration Act exceeded Congress's enforcement powers under Fourteenth AmendmentArguments: Established congruence and proportionality test requiring congressional remedies be proportional to constitutional violations; appellees argue Section 2 fails this test due to lack of current discrimination findingsThornburg v. Gingles | 478 U.S. 30 (1986)Question Presented: What standards govern Section 2 vote dilution claimsArguments: Created three-part test for Section 2 violations requiring minority political cohesion, majority bloc voting, and geographic compactness; appellants argue these requirements provide adequate constitutional constraintsAllen v. Milligan | 599 U.S. 1 (2023) | Docket Link: HereQuestion Presented: Whether Alabama's congressional map violated Section 2 by diluting Black voting strengthArguments: Reaffirmed Section 2's continued vitality but left constitutional questions unresolved; Alabama's immediate non-compliance cited by appellants as evidence ongoing discrimination requires continued VRA protectionShelby County v. Holder | 570 U.S. 529 (2013)Question Presented: Whether Section 4's coverage formula for Section 5 preclearance violates Equal ProtectionArguments: Struck down VRA preclearance based on outdated congressional findings; appellees argue similar logic should apply to Section 2's effects test lacking current discrimination evidence

Case v. Montana | Case No. 24-624 | Oral Argument Date: 10/15/25 | Docket Link: HereQuestion Presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.Other Referenced Episodes:August 5th Roundup: Presidential Power Crushes Agency Independence, Court Places Voting Rights Act in Crosshairs and Maryland v. Shatzer, a Case That Evolved Beyond Its Origins | HereOverviewThis episode examines Case v. Montana, a Fourth Amendment case that has drawn unprecedented attention with 35 states weighing in, challenging the established emergency-aid exception by asking the Supreme Court to require probable cause rather than the current "objectively reasonable belief" standard for warrantless home entries during emergencies. The case could fundamentally reshape how police respond to suicide calls, medical emergencies, and welfare checks nationwide.Episode RoadmapOpening: Unprecedented Stakes and AttentionOctober 15th, 2025 oral argument date35 states weighing in, with 34 opposing the petitioner's positionPotential nationwide impact on emergency response proceduresNovel aspect: Petitioner seeking to restrict, not expand, police authorityConstitutional Framework: The Fourth Amendment Text"The right of the people to be secure... against unreasonable searches and seizures"Two-clause structure: Reasonableness Clause vs. Warrant ClauseNo textual emergency-aid exception - entirely judge-made doctrineCourt's recent skepticism toward expansive judge-made constitutional doctrinesBackground: The Tragic Facts in Anaconda, MontanaSeptember 2021: William Trevor Case's suicide threat to ex-girlfriend J.H.Escalating call: drinking, gun cocking sounds, "pop" followed by dead airJ.H.'s 9-1-1 call reporting believed suicide attemptOfficers' prior knowledge of Case's history with suicide attempts and violenceThe Police Response and Corroborating Evidence18-minute preparation period with protective equipmentWindow observations: keys on table, empty beer cans, empty gun holster, apparent suicide noteEntry through unlocked door during protective sweepCase emerges from closet pointing handgun at Sergeant PashaOfficer shoots Case in abdomen; medical aid renderedProcedural History: The Court JourneyTrial court denies suppression motion, finds "exigent circumstance"Case convicted of assaulting peace officer, sentenced to 60 yearsMontana Supreme Court affirms 4-3 with vigorous dissentSupreme Court grants certiorari to resolve deep circuit splitThe Circuit Split Crisis"Reasonable Belief" Courts:First, Eighth, and Tenth Circuits plus Montana and three other statesStandard: "Objective, specific and articulable facts from which an experienced officer would suspect citizen needs help""Probable Cause" Courts:D.C., Second, and Eleventh Circuits plus Nebraska and ColoradoStandard: "Probable cause to believe person is seriously injured or threatened with such injury"Case's Three Main Arguments (Seeking Higher Standard)Argument 1: Historical OriginalismCommon law required "more than probable cause, not less" for warrantless home entriesOnly allowed entries to stop "affrays" that officers personally witnessedFramers expected higher standard than current practiceArgument 2: Fourth Amendment's Core PurposeChief purpose: "restrain discretionary government searches of the home"Lower standards invite pretextual searches and abuseHomes deserve highest level of Fourth Amendment protectionArgument 3: Universal Probable Cause RequirementProbable cause was "general safeguard against all unreasonable searches"Should apply to all government intrusions, not just criminal investigationsFramers viewed probable cause as "vital safeguard against unfounded searches"Montana's Three Main Arguments (Defending Current Standard)Argument 1: Constitutional Structure and Reasonableness StandardFourth Amendment's two-clause structure allows independent operationReasonableness, not probable cause, is ultimate constitutional touchstoneHistorical practice: officers liable for trespass unless jury found action "reasonable"Extensive common law permitted warrantless entries for various purposes including "saving life"Argument 2: Probable Cause Would Eliminate Emergency-Aid Exception"Criminality inheres in the concept of probable cause" - rooted in criminal investigationsOfficers cannot develop probable cause when no crime has occurredEmergency situations (suicide, medical emergencies, welfare checks) typically involve no criminal activityWould create deadly consequences: homes become "place where citizens who need urgent medical help died alone and in agony"Argument 3: Officers' Actions Were Objectively ReasonableDetailed 9-1-1 call from identified person with personal knowledgeMultiple corroborating observations: vehicle, empty holster, apparent suicide noteOfficers took exactly the investigative steps the Constitution should requireEven under heightened standard, facts here would satisfy constitutional requirementsKey Precedents in BattleBrigham City v. Stuart (2006)Established current "objectively reasonable basis for believing" standardOfficers may enter without warrant when occupant needs emergency aidNo mention of probable cause requirement for emergency-aid entriesMichigan v. Fisher (2009)Reaffirmed Brigham City's "objectively reasonable" standardRejected repeated requests to adopt probable cause or reasonable suspicion standardsCaniglia v. Strom (2021)Rejected broad community caretaking authority but preserved emergency aid exceptionJustice Kavanaugh noted need for Court to clarify "contours of exigent circumstances doctrine"Distinguished between community caretaking functions and actual exigenciesLange v. California (2021)Emphasized exigent circumstances require only "objectively reasonable" beliefNo probable cause requirement for exigencies themselvesConstitutional Stakes and Broader ImplicationsIf Case Wins (Probable Cause Required):Could eliminate effective emergency response in non-criminal situationsWould require much higher certainty before officers can help people in crisisParticularly impacts rural areas where police are first respondersCreates potential constitutional barrier to life-saving interventionsIf Montana Wins (Reasonable Belief Preserved):Maintains current emergency response capabilitiesPreserves established Brigham City doctrine from 2006Could potentially enable broader police entries with limited oversightKeeps focus on reasonableness rather than rigid probable cause requirementCultural and Legal TensionsPrivacy rights versus public safety needsJudicial restraint versus practical emergency responseIndividual autonomy versus community protectionTextual interpretation versus judge-made doctrineLooking Ahead to October 15th Oral ArgumentsHow justices handle circuit split requiring national resolutionPractical consequences: workability of probable cause in emergenciesHistorical disputes about common law and Framers' intentCourt's approach to relatively recent Brigham City precedent (2006)Impact of Court's recent skepticism toward broad judge-made exceptionsKey Legal Concepts ExplainedEmergency-aid exception to warrant requirementObjectively reasonable belief standard vs. probable causeFourth Amendment's Reasonableness Clause vs. Warrant ClauseCircuit splits and Supreme Court resolution functionExigent circumstances doctrineJudge-made constitutional exceptionsConstitutional balancing tests

Bowe v. United States | Case No. 24-5438 | Oral Argument Date: 10/14/25 | Docket Link: HereQuestions Presented:Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255.Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255.OverviewThis episode examines Bowe v. United States, where the government concedes error but argues the Supreme Court lacks jurisdiction to correct it. The case explores whether the "do-over bar" in AEDPA applies to federal prisoners and whether an acknowledged legal error will go unremedied due to jurisdictional barriers.Episode RoadmapOpening: An Acknowledged Error Without a RemedyGovernment's unusual position: conceding error but claiming the Court can't fix itMichael Bowe's years-long struggle to challenge his convictionConstitutional context: Ex Post Facto Clause and retroactive application of Davis and TaylorThe Two Questions PresentedQuestion One: Does the do-over bar (§ 2244(b)(1)) apply to federal prisoners even though it references only state prisoner applications under § 2254?Question Two: Does § 2244(b)(3)(E) bar Supreme Court certiorari review of authorization decisions for federal prisoners?Background: Michael Bowe's Journey2008: Pled guilty including Section 924(c) conviction (using firearm during crime of violence)2019: Davis strikes down residual clause; Bowe seeks authorization but Eleventh Circuit denies based on circuit precedent2022: Taylor abrogates that precedent; Bowe seeks authorization again2022: Eleventh Circuit dismisses under do-over bar in In re Baptiste2024: Third authorization request denied; all alternatives rejected2025: Supreme Court grants certiorari; government switches positionLegal FrameworkSection 2255: Federal prisoner post-conviction relief vehicleSection 2244: Originally for state prisoners; contains:(b)(1): Do-over bar—bars claims "presented in a second or successive habeas corpus application under section 2254"(b)(3): Authorization procedures, including (b)(3)(E)'s certiorari barSection 2255(h): "Second or successive motion must be certified as provided in section 2244"—key question is what this incorporatesCircuit Split: Six circuits apply do-over bar to federal prisoners; three reject itPetitioner's Main ArgumentsArgument One: Plain Text Excludes Federal PrisonersDo-over bar explicitly references "section 2254" (state prisoners only)Federal prisoners use § 2255 motions, not § 2254 applicationsSection 2255(h) incorporates certification procedures only, not substantive barsEven Eleventh Circuit admits § 2255(h) doesn't incorporate § 2244(b)(2)—can't incorporate (b)(1) either since both use identical "section 2254" languageArgument Two: Federalism Explains Differential TreatmentAEDPA repeatedly subjects state prisoners to stricter requirementsState prisoner habeas implicates federalism and comity concernsFederal prisoners challenging federal convictions raise no federalism issuesDo-over bar fits pattern of protecting state sovereignty, not restricting federal prisoner accessArgument Three: Court Has JurisdictionNo clear statement stripping jurisdiction for federal prisonersEleventh Circuit "dismissed" rather than "denied"—certiorari bar covers only "grant or denial"No actual authorization determination made; court applied wrong legal standardConstitutional avoidance: barring all review raises Exceptions Clause concernsCircuit split needs resolution; federal prisoners lack alternative Supreme Court access unlike state prisonersRespondent's Main ArgumentsArgument One: Certiorari Bar AppliesSection 2255(h) comprehensively incorporates § 2244(b)(3) as integrated wholeAll five subparagraphs use "authorization" languageCastro implicitly recognized incorporationCannot separate certiorari bar from rehearing barArgument Two: "Dismissal" Is "Denial"Plain meaning: "deny" means "refuse to grant"Binary framework: must "grant or deny" within 30 days—no third categoryCourts frequently style identical dispositions as "denials"Accepting distinction would create arbitrary geographic lotteryCourt acted on authorization request; applying wrong standard doesn't remove it from "authorization" categoryArgument Three: No Constitutional ProblemCommon law provided no right to habeas appeal or successive attacksFelker rejected Exceptions Clause challenge for state prisonersAlternative mechanisms exist: certification, All Writs Act, potential district court reviewBowe's claim is statutory (not constitutional), so doesn't satisfy § 2255(h)(2) anywayPreexisting doctrines (Sanders, law of case) prevent abuse without statutory barKey Points for Oral ArgumentsJustice reactions to government conceding error but claiming no remedyPractical consequences if do-over bar doesn't apply—floodgates or manageable?Whether ensuring circuit uniformity is "essential" Supreme Court jurisdictionFormalism of "dismissal" versus "denial" distinctionFederalism pattern throughout AEDPA's structureWhat happens to thousands of potentially affected prisoners in six circuits?Broader ImplicationsImmediate impact on hundreds or thousands of federal prisonersGeographic lottery based on circuit precedentStatutory interpretation of AEDPA's cross-references and incorporation provisionsJurisdictional doctrine: clear statement rule and constitutional limits on jurisdiction-strippingAccess to justice: when procedural barriers prevent meritorious claimsSeparation of powers: congressional authority to limit Supreme Court review

Ellingburg v. United States | Case No. 24-482 | Docket Link: HereQuestion Presented: Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.OverviewThis episode examines Ellingburg v. United States, one of the most procedurally unusual Supreme Court cases in recent memory. After the Court granted certiorari, the government switched positions following a change in presidential Administration, now agreeing with the criminal defendant that the Eighth Circuit erred. The Court appointed an outside attorney as amicus curiae to defend the lower court's judgment, creating a rare scenario where both named parties argue for the same outcome. At its core, the case asks whether mandatory criminal restitution constitutes punishment subject to the Constitution's Ex Post Facto Clause—a question with profound implications for thousands of federal defendants and the government's authority to retroactively enforce criminal restitution obligations.Episode RoadmapOpening: A Procedural RarityGovernment switches sides after Administration changeCourt appoints amicus curiae to defend Eighth Circuit's judgmentUnusual three-way legal battle over fundamental constitutional questionImplications for thousands convicted of federal crimes before 1996Background: Ellingburg's Story1995: Holsey Ellingburg, Jr. robs bank in St. Louis, Missouri1996: Sentenced to 322 months imprisonment, ordered to pay $7,567 restitution under pre-MVRA law (VWPA)Under original law, restitution obligation expired November 2016 (20-year limit)2022: Released from prison, rebuilding life on minimum wage2023: Government demands $13,476 using MVRA's extended collection period and mandatory interestPro se motion challenges retroactive application as Ex Post Facto violationThe Central Legal QuestionIs MVRA restitution criminal punishment or civil remedy?If criminal: Ex Post Facto Clause prohibits retroactive applicationIf civil: Government can apply new collection rules to old offensesStatutory construction as threshold issue: What did Congress intend?Procedural Journey Through the CourtsDistrict Court: Denied motion, held MVRA application merely "procedural"Eighth Circuit: Affirmed on different ground—restitution is civil remedy, not criminal punishmentCircuit relied on Carruth precedent despite Pasquantino and Paroline developmentsTwo concurring judges questioned binding precedent's continued validitySupreme Court grants certiorari to resolve circuit splitConstitutional Framework: The Ex Post Facto ClauseArticle I, Section 9, Clause 3: "No ex post facto Law shall be passed"Prohibits retroactively increasing punishment for criminal actsOnly applies to criminal laws, not civil remediesConstitutional protection against arbitrary government powerThe Statutory Text BattleSection 3663A: Restitution ordered "when sentencing a defendant convicted of an offense""In addition to, or in lieu of, any other penalty authorized by law"Codification in Title 18 criminal code, Chapter 227 "Sentences"Criminal procedures govern: presentence reports, probation officers, appellate reviewEnforcement through threat of imprisonment for nonpaymentPetitioner's Three Main ArgumentsArgument 1: Text and Structure Prove Criminal IntentStatutory language integrates restitution into criminal sentencingGrouped with fines and imprisonment as penaltiesCriminal procedures from start to finishCodified in "Sentences" chapter alongside other criminal punishmentsSection 3556 requires courts imposing sentences to order restitutionArgument 2: Enforcement Through Criminal Punishment and Express Penal PurposeBacked by threat of imprisonment—"paradigmatic affirmative disability"Nonpayment can result in revocation of probation/supervised releaseResentencing possible without new indictment, prosecution, or convictionSection 3614(b)(2) explicitly references "purposes of punishment and deterrence"Congress included "to the extent constitutionally permissible" language showing Ex Post Facto concernsArgument 3: Precedent and Historical UnderstandingPasquantino: Purpose is "to mete out appropriate criminal punishment"Paroline: Restitution "serves punitive purposes" and has "penological purposes"Kelly v. Robinson: State restitution is "criminal sanction" and "penal sanction"Courts of appeals uniformly treated VWPA restitution as criminal for Seventh Amendment purposesGovernment's own historical position: Solicitor General directed non-retroactive application in 1998Government's Arguments (Supporting Petitioner/Vacatur)Argument 1: Statutory Construction Demonstrates Criminal NatureQuestion is "principally a question of statutory construction" (Kansas v. Hendricks)Text and structure integrate restitution into defendant's criminal sentenceCodification in "Sentencing" provisions alongside imprisonment and finesProcedural mechanisms mirror other criminal penaltiesProbation officers, presentence reports, criminal appellate reviewArgument 2: Precedent Supports Criminal CharacterizationPre-MVRA courts uniformly held VWPA restitution was criminal penaltyKelly: Criminal restitution has "deterrent effect" and serves "effective rehabilitation penalty"Pasquantino: Would be "passing strange" to apply only tort law model to criminal restitutionParoline: Restitution "imposed by the Government at the culmination of a criminal proceeding"Majority of circuits recognize Ex Post Facto Clause applies to MVRA restitutionArgument 3: Alternative Ground for Affirmance ExistsEighth Circuit erred by ignoring statutory text and structureBut alternative ground available: extending collection period may not increase punishmentOriginal debt amount ($7,567.25) unchanged by MVRA amendments"Time horizon" for collection arguably not separate punishmentRequests vacatur and remand for court of appeals to consider alternative groundCourt-Appointed Amicus's Arguments (Defending Eighth Circuit)Argument 1: No "Conclusive Evidence" of Punitive IntentMendoza-Martinez requires "unmistakable penal intent" and "overwhelming indications"Clear statement requirement grounded in separation of powersCongress didn't use "criminal restitution" labelMandatory structure eliminates judicial discretion typical of criminal sentencingCourts cannot consider defendant's culpability, economic circumstances, or penological goalsPayment goes to victims, not government as prosecuting sovereignVictims can enforce like civil creditors with liens and collection proceduresArgument 2: Not Punitive Under Mendoza-Martinez FactorsTraditional civil restitution focuses on victim's losses, not defendant's gainNo "affirmative disability or restraint" from restitution itselfConsequences of nonpayment don't make underlying obligation punitiveCriminal conviction required to serve nonpunitive purpose (victim compensation)Doesn't implicate traditional punishment aims—courts barred from considering deterrence/retributionAward capped at victim's loss, offset by civil judgmentsSubstantial nonpunitive purpose (compensation) without excessArgument 3: Petition Improvidently GrantedQuestion asks about "restitution under the MVRA"But Ellingburg's restitution imposed under pre-MVRA VWPAOnly MVRA's collection period and interest provisions applied retroactivelyAnswering MVRA question would be advisory opinionEx Post Facto analysis requires examining VWPA restitution's nature, not MVRA'sParties failed to disclose this threshold issue in briefingThe Legal Frameworks ExplainedKansas v. Hendricks / Smith v. Doe FrameworkWhether penalty is criminal "is principally a question of statutory construction"Courts must ascertain whether legislature meant to establish criminal or civil proceedingsIf legislature intended punishment, inquiry ends and Ex Post Facto Clause appliesFocus on legislative intent through statute's text and structureKennedy v. Mendoza-Martinez Two-Step TestStep One: Is there "conclusive evidence" of congressional punitive intent?If not conclusive, Step Two: Seven-factor analysis of whether "so punitive" as to be criminalBroader ImplicationsIf Petitioner/Government Prevail:Thousands of pre-1996 defendants may have expired restitution obligationsMVRA restitution subject to other criminal constitutional protectionsPotential Excessive Fines Clause applicationsLimits on retroactive enforcement of criminal restitutionConfirmation of decades of circuit...

Bost v. Illinois State Bd. of Elections | Case No. 24-568 | Oral Argument Date: 10/8/25 | Docket Link: HereOverviewThis episode examines Bost v. Illinois, a Supreme Court case that could reshape how candidates challenge election laws in federal court. Congressman Michael Bost and two Republican presidential elector nominees are challenging Illinois's law allowing mail-in ballots to be counted up to 14 days after Election Day, creating a fundamental test of Article III standing doctrine in the election law context. The case sits at the intersection of constitutional standing requirements and the unique competitive dynamics of electoral politics, with implications for whether candidates should receive special treatment to challenge election rules or must meet the same concrete injury standards as all other plaintiffs.Episode RoadmapOpening: A Fundamental Question About Federal Courts• October 8, 2025 oral argument date• Standing doctrine meets election law in crucial constitutional test• Circuit split on candidate challenges to election rules• Implications for flood of pre-election litigation vs. orderly dispute resolutionBackground: Illinois's Ballot-Receipt Extension• 2005 Illinois law change allowing 14-day post-Election Day counting window• Historical roots in Civil War soldier voting accommodations• About half of states now allow similar extended receipt deadlines• Congressman Michael Bost and two Republican presidential elector nominees challenge lawConstitutional Framework: Article III's Case-or-Controversy Requirement• "Judicial Power shall extend to all Cases, in Law and Equity"• Standing doctrine requires concrete, particularized, traceable injury• Tension between candidate investment in election rules and generalized grievances• Elections Clause and Electors Clause federal frameworkProcedural Journey Through the Courts• May 2022: Pre-enforcement challenge filed• July 2023: District court dismisses for lack of standing• Seventh Circuit affirmed in split decision with Judge Scudder's influential partial dissent• Supreme Court grants certiorari to resolve candidate standing questionThe Three-Way Legal Battle• Petitioners' blanket candidate standing rule vs. concrete injury requirements• Electoral harm theory: competitive disadvantage vs. speculative injury• Pocketbook injury claims: campaign extension costs vs. manufactured standingClapper Doctrine and Mitigation Expenditures• When spending money to avoid harm creates standing vs. speculative preparation• Illinois's challenge to factual basis of extended campaign operations• "Near certainty" of ballot counting vs. substantial risk standardOral Argument Preview: Key Tensions to Watch• Justices' reaction to special candidate standing exception• Factual record problems and thin allegations• Floodgates concerns vs. orderly pre-election resolution• Purcell principle timing considerationsBroader Constitutional Stakes• Article III's role in limiting federal court jurisdiction• Election law's unique challenges for traditional standing doctrine• Federalism questions about state election rule authority• Volume and intensity of modern election litigation trendsReferenced CasesClapper v. Amnesty International | 568 U.S. 398 (2013)Question Presented: Whether respondents have Article III standing to challenge FISA Amendments Act surveillance provisionsArguments: Established restrictive doctrine that plaintiffs cannot manufacture standing by spending money to mitigate speculative future harm; requires substantial risk of concrete injury that mitigation expenditures are designed to avoid; Illinois relies heavily on this precedent to challenge Bost's campaign extension costs as insufficient for standing.Davis v. Federal Election Commission | 554 U.S. 724 (2008) Question Presented: Whether provisions of McCain-Feingold Act that impose different contribution limits on candidates facing self-funded opponents violate Equal Protection and First AmendmentArguments: Supreme Court recognized candidate standing based on competitive electoral harm and fundraising disadvantages in "competitive context of electoral politics"; petitioners rely on this precedent to support their electoral prospects injury theory; demonstrates Court's acceptance that campaign competition can create cognizable Article III injury.Susan B. Anthony List v. Driehaus | 573 U.S. 149 (2014)Question Presented: Whether plaintiffs have Article III standing to bring pre-enforcement constitutional challenge to Ohio election law prohibiting false campaign statementsArguments: Established framework for pre-enforcement challenges in election context using "substantial risk" standard for future harm; relevant to petitioners' argument that they face substantial risk of electoral and financial harm from Illinois's ballot-receipt deadline; provides precedential support for challenging election rules before they take effect in specific election.

Postal Service v. Konan | Case No. 24-351 | Oral Argument Date: 10/8/25 | Docket Link: HereEpisode OverviewThis episode examines United States Postal Service v. Lebene Konan, a Supreme Court case that asks whether the federal government has immunity when postal employees intentionally refuse to deliver mail as part of a campaign of racial harassment. The case centers on the interpretation of the Federal Tort Claims Act's "postal exception" and whether terms like "loss" and "miscarriage" cover intentional wrongdoing or only negligent acts.Episode RoadmapOpening: A Deceptively Simple QuestionCan you sue the federal government when postal workers intentionally withhold your mail?The answer hinges on the Federal Tort Claims Act's postal exceptionCore tension between remedy for wrongs vs. government immunityLegal Framework: The Federal Tort Claims Act28 U.S.C. § 2680(b): Exception for claims arising from "loss, miscarriage, or negligent transmission" of mailKey interpretive battle: Does "negligent" modify only "transmission" or all three terms?Government argues broad immunity; plaintiff argues narrow exceptionThe Facts: Alleged Racial Harassment CampaignLebene Konan: Black realtor and landlady in Euless, TexasTwo-year campaign by USPS employees Raymond Rojas and Jason DrakeAllegations: Changed postal records, changed mailbox locks, refused mail deliveryOver 50 administrative complaints filed; Inspector General investigation ordered deliveryProcedural JourneyDistrict court: Dismissed under postal exceptionFifth Circuit: Reversed, held "loss" and "miscarriage" imply unintentional actsSupreme Court granted certiorari to resolve circuit splitGovernment's Arguments"Miscarriage" = broad failure to arrive (Webster's 1940s definition)"Loss" = deprivation, regardless of intentStructural argument: FTCA uses "loss" to cover intentional acts elsewherePolicy concern: Flood of litigation if intent mattersKonan's Counter-Arguments"Miscarriage" = mail mistakenly delivered to wrong place"Loss" = destruction or misplacement, both inherently accidentalStatutory structure shows Congress concerned only with negligence"Negligent transmission" proves Congress knew how to limit scope when intendedBattle of the DictionariesGovernment relies on neutral 1940s definitions from Webster's SecondKonan cites specific legal definitions and Oxford English DictionaryCompeting interpretations of what "loss" and "miscarriage" historically meantLooking Ahead to Oral ArgumentsHow will Justices react to competing dictionary definitions?Will practical consequences (floodgates) persuade the Court?Strange incentive structure if government immune for intentional but not negligent actsReferenced CasesDolan v. USPS | 546 U.S. 481 (2006) | Docket LinkQuestion Presented: Interpretation of FTCA postal exception termsOverview: Supreme Court precedent that both parties cite for their competing interpretations of "miscarriage" in the postal exception context.Key Legal Concepts ExplainedFederal Tort Claims Act (FTCA): Law allowing lawsuits against the United States for employee tortsSovereign Immunity: Government's general protection from lawsuitsStatutory Interpretation: Battle between textualist approaches using period dictionariesPresumption of Consistent Usage: Principle that same word should mean same thing throughout statuteStakes and ImplicationsIf Government Wins:Strong immunity shield for Postal Service regardless of employee intentPotential closure of courthouse doors for wide range of intentional misconductConfirmation that postal exception creates hard barrier to liabilityIf Konan Wins:FTCA exceptions have limits; immunity doesn't protect intentional torts"Negligent" in statute colors interpretation of related termsOpens door for relief against intentional postal employee misconductBroader Significance:Masterclass in statutory interpretation and use of historical dictionariesTension between providing remedy for wrongs vs. protecting essential government servicesQuestion of whether immunity should vary based on employee intent

Barrett v. United States | Case No. 24-5774 | Oral Argument Date: 10/7/25 | Docket Link: HereQuestion Presented: Whether the Double Jeopardy Clause permits punishment under both 18 U.S.C. § 924(c) and § 924(j) for one act that violates each statuteOther Referenced Episodes:September 10th: A Constitutional Clash: Trump's Tariffs and the Separation of PowersOverviewThis episode explores Barrett v. United States, a fascinating Double Jeopardy case where the federal government unusually sides with a criminal defendant against its own prosecution. The Supreme Court must determine whether convicting someone under both federal gun statutes—one for using a firearm during a violent crime and another for causing a death with that firearm—violates the Fifth Amendment's protection against being punished twice for the same offense. With no one defending the lower court's judgment, the Court appointed an outside attorney to argue that sentence stacking should be permitted, creating a rare three-way legal battle over fundamental constitutional protections and congressional intent in criminal sentencing.Episode RoadmapOpening: A Constitutional TwistOctober 6th Supreme Court term preview continuationFourth case in opening week after Berm v. Choy, Villarreal v. Texas, and Chiles v. SalazarUnusual scenario: Government sides with criminal defendantNovember 5th Trump Tariffs Case announcementThe Core QuestionCan government punish someone twice for single criminal act--using a firearm while trafficking drugs?Federal gun statutes create potential double jeopardy violationSection 924(c): Using gun during violent crime (5-year minimum, up to life)Section 924(j): Killing someone with that gun (death penalty or life for murder)The Barrett Facts2011 New York robbery crew caseDwayne Barrett as getaway driver during minivan robberyCo-conspirator shot and killed Gamar Dafalla during robberyGovernment charged Barrett under both gun statutes for single actLegal Journey Through the CourtsInitial district court: Merged sentences, avoided double punishmentSecond Circuit flip: Required stacking both sentences after Supreme Court's Lora decisionCircuit split on handling these overlapping prosecutionsGovernment "confessed error" - switched sides under Trump administrationConstitutional Framework: Double Jeopardy ProtectionFifth Amendment: "No person shall... be subject for the same offence to be twice put in jeopardy"Blockburger test: Same-elements analysis for determining "same offense"Presumption against double punishment unless Congress clearly authorizes itCourt-appointed amicus ensures adversarial presentation when government switches sidesBarrett and Government ArgumentsSection 924(c) is lesser-included offense of Section 924(j)Cannot violate fatal results statute without first violating gun use statuteCongress knew how to authorize stacking: Section 924(c)(5) armor-piercing provisionOmission of stacking language in Section 924(j) proves contrary intentCourt-Appointed Amicus ArgumentsConsecutive-sentence mandate in Section 924(c): "any other term of imprisonment"Two statutes punish different evils: danger of gun vs. harm of deathAbsurd results hypothetical: Machinegun manslaughter (15-year max) vs. machinegun brandishing (30-year minimum)Congress intended comprehensive punishment for escalating criminal conductReply Brief RebuttalsProsecutorial discretion avoids hypothetical absurd resultsSupreme Court rejected similar "implausible results" arguments in LoraConsecutive-sentence mandate governs sequencing, not Double Jeopardy authorizationBlockburger elements test controls regardless of different policy rationalesBroader Constitutional StakesFundamental protection against government overreachSeparation of powers: Congressional crime definition vs. judicial interpretationNationwide impact on federal gun crime prosecutions and sentencingClarity requirement for "clear statement" when constitutional rights at stakeReferenced CasesBlockburger v. United States | 284 U.S. 299 (1932)Question Presented: Landmark case establishing "same-elements test" for determining whether two offenses constitute "same offence" under Double Jeopardy ClauseArguments: Established that offenses are distinct if each requires proof of fact the other does not; creates presumption against multiple punishment for greater and lesser-included offenses unless Congress clearly indicates contrary intent.Lora v. United States | 599 U.S. 453 (2023) Question Presented: Whether Section 924(j) requires proof that defendant personally used firearm that caused deathArguments: Supreme Court established that Sections 924(c) and 924(j) represent different congressional approaches to punishment - mandatory minimums constraining judicial discretion versus sentencing flexibility with higher maximum penalties including death.United States v. Davis | 588 U.S. 445 (2019)Question Presented: Whether definition of "crime of violence" in Section 924(c) is unconstitutionally vagueArguments: Supreme Court struck down residual clause of crime of violence definition, leading to Barrett case remand and resentencing that eliminated one of his Section 924(c) convictions.Whalen v. United States | 445 U.S. 684 (1980)Question Presented: Whether consecutive-sentence provision alone provides clear congressional authorization for cumulative punishment of same offenseArguments: Supreme Court held that even explicit consecutive-sentence mandate insufficient to overcome Double Jeopardy presumption without clear indication Congress intended to authorize multiple convictions for same underlying conduct.

Chiles v. Salazar | Case No. 24-539 | Oral Argument Date: 10/7/25 | Docket Link: HereQuestion Presented: Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.Other Referenced Episodes:August 19 – Road Work Ahead: How Four 2024 Cases May Be Reshaping First Amendment Scrutiny | HereOverviewThis episode examines one of the most anticipated cases of the October 2025 Supreme Court term - a First Amendment challenge to Colorado's "conversion therapy" ban that has generated over 50 amicus briefs and sits at the intersection of free speech, parental rights, LGBTQ issues, and professional regulation.RoadmapOpening: A Constitutional Perfect StormOctober 7th, 2025 oral argument dateOver 50 amicus briefs filed (compared to 7 for most cases)Intersection of hot-button topics: parental rights, LGBTQ issues, religious freedom, professional regulationBackground: The Players and the LawKaley Chiles: Licensed counselor in Colorado Springs at Deeper Stories CounselingChristian counselor using "client-directed" approach with speech-only methodsColorado's 2019 law banning "conversion therapy" for minorsPenalties: fines up to $5,000, license suspension or revocationConstitutional Framework: The First Amendment Text"Congress shall make no law... abridging the freedom of speech"Extension to state governments through Fourteenth AmendmentThe simplicity of "no law" languageProcedural History: The Court Journey2022: Chiles filed pre-enforcement challengeDistrict court denied preliminary injunction using rational basis reviewTenth Circuit affirmed in divided panel decisionJudge Hartz's "scathing dissent" calling majority approach "remarkable" and "contrary" to precedentThe Central Constitutional QuestionSpeech versus conduct: When does professional speech become conduct that can be regulated?Level of scrutiny determines case outcomeThree-tiered analysis: rational basis, intermediate scrutiny, strict scrutinyUnderstanding Scrutiny Levels: The Road AnalogyRational basis: Highway with minimal obstaclesIntermediate scrutiny: Busy road with stop signs and traffic lightsStrict scrutiny: Road closure - "fatal in fact" for governmentCompeting Legal FrameworksChiles's Arguments (Strict Scrutiny)Content-based discrimination: "You can help with binge eating, but not sexual orientation behaviors"Viewpoint-based discrimination: "Support gender transition but forbid comfort with biological body"Speech-only counseling deserves full First Amendment protectionColorado's Arguments (Rational Basis)Professional healthcare treatment regulation, not speech restrictionTraditional state authority over professional standards"Professional healthcare treatment that happens to involve words"Key Supreme Court Precedents BattleNational Institute of Family & Life Advocates v. Becerra (NIFLA) (2018)Chiles interpretation: Professional speech gets full First Amendment protectionColorado interpretation: States can prohibit substandard treatment involving wordsReed v. Town of Gilbert (2015)Content-based restrictions trigger strict scrutinyFoundation for Chiles's discrimination argumentsThe Evidence BattleColorado's medical organization statements vs. lack of specific studiesColorado counsel's concession: No studies on "talk therapy by licensed counselor with willing minor"Recent developments: Cass Review from UK, new HHS reportsNarrow Tailoring ProblemsOverinclusive: Bans all counseling conversations on these topicsUnderinclusive: Only applies to licensed professionals, not life coaches or religious counselorsFatal inconsistency under strict scrutinyBroader ImplicationsIf Chiles WinsExpanded protection for professional speech generallyLimits on state regulation of counselor-client conversationsPotential impact on other professional speech regulationsIf Colorado WinsBroader state authority to regulate professional conversationsPrecedent for public health rationales overriding speech concernsFramework for regulating other controversial therapeutic approachesCultural and Legal TensionsExpertise versus individual choiceRegulatory authority versus family autonomyProfessional consensus versus personal beliefsLooking Ahead to October 7th Oral ArgumentsWatch for justices' reaction to speech versus conduct framingEvidence questions: How much proof does Colorado need?Narrow tailoring challenges about unlicensed practitionersPotential references to recent Court skepticism of professional speech restrictionsKey Legal Concepts ExplainedContent-based vs. viewpoint-based discriminationProfessional speech doctrinePre-enforcement challengesStrict scrutiny analysisConstitutional avoidance principles

Villarreal v. Texas | Case No. 24-557 | Oral Argument Date: 10/6/25 | Docket Link: HereQuestion Presented: Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant's testimony during an overnight recess.OverviewThis episode examines Villareal v. Texas, a case that addresses a fundamental question affecting every criminal trial where a defendant takes the stand: what happens when testimony gets interrupted by an overnight recess? The case explores the intersection of the Sixth Amendment right to counsel and trial courts' authority to prevent witness coaching during extended breaks in testimony.Episode RoadmapOpening: The Constitutional DilemmaDavid Villareal's murder trial and self-defense claimThe overnight recess that created a constitutional questionThe judge's "qualified conferral order" - a middle-ground approachWhy this affects every criminal trial with testifying defendantsThe Trial Court's Balancing ActJudge's concern about overnight "coaching" of defendant's testimonyThe court's solution: prohibit testimony discussions, allow everything elseDefense counsel's understanding and preserved Sixth Amendment objectionConviction and 60-year sentence outcomeConstitutional Territory: Competing PrecedentsSixth Amendment's broad language: "assistance of counsel for his defence"Geders v. United States (1976): overnight recesses require full consultationPerry v. Leeke (1989): 15-minute recesses allow complete prohibitionThe gap: what about partial restrictions during long recesses?Split in Lower CourtsFederal circuits generally reject qualified orders during overnight recessesState supreme courts (including Texas) embrace the middle-ground approachTexas Court of Criminal Appeals: "type of communication" controls, not recess lengthThe constitutional question that prompted Supreme Court reviewVillareal's Three-Pronged AttackPerry already resolved this: "unrestricted access" during overnight recessesThe rule is unworkable: testimony and strategy discussions are "inextricably intertwined"Practical impossibilities: plea negotiations, perjury prevention, attorney-client privilegeTexas's Constitutional DefensePerry endorsed qualified orders even during short recessesSubstance matters more than timing: testimony discussions aren't constitutionally protectedThe rule works in practice: defense counsel understood and compliedFairness and truth-seeking justify the restrictionThe Current Court's JurisprudenceEmphasis on workability and bright-line rulesSkepticism of broad constitutional rules that are difficult to administerText and original meaning analysis of "assistance of counsel"Historical wrinkle: defendants couldn't testify when Sixth Amendment was ratifiedStakes and ImplicationsImpact on trial court management of testimony scheduling nationwideEffect on criminal defendants' consultation rights during testimony breaksBroader tension: advocacy system vs. truth-seeking functionPotential for significant practical impact regardless of outcomeRelevant Precedential CasesGeders v. United States | 425 U.S. 80 (1976) Holding: Trial courts violate the Sixth Amendment by completely prohibiting defendants from speaking with counsel during overnight recesses, which are "often times of intensive work, with tactical decisions to be made and strategies to be reviewed."Perry v. Leeke | 488 U.S. 272 (1989)Holding: During brief (15-minute) recesses, trial courts may completely prohibit defendant consultation with counsel because there's "virtual certainty that any conversation would relate to ongoing testimony." However, defendants have "unrestricted access" to counsel during overnight recesses, and "discussions will inevitably include some consideration of ongoing testimony" without compromising constitutional rights.Key Legal Concepts ExplainedQualified Conferral Order: Court instruction allowing defendant-counsel consultation on some topics (trial strategy, plea negotiations) while prohibiting discussion of others (ongoing testimony) during recessSixth Amendment Right to Counsel: Constitutional guarantee of "assistance of counsel for his defence" in all criminal prosecutionsAttorney-Client Privilege: Protection of confidential communications between lawyer and client from disclosureWitness Coaching: Improperly instructing a witness on what to say or how to testifyStare Decisis: Legal principle of adhering to precedent in court decisions

Berk v. Choy | Case No. 24-440 | Oral Argument Date: 10/6/25 | Docket Link: HereQuestion Presented: Whether Delaware's expert affidavit requirement for medical malpractice claims conflicts with Federal Rules of Civil Procedure when applied in federal diversity casesEpisode OverviewThis episode examines Berk v. Choy, a case that started with a simple fall but could reshape how federal courts handle state law requirements across the country. The Supreme Court must decide whether Delaware's expert affidavit requirement for medical malpractice claims conflicts with Federal Rules of Civil Procedure when applied in federal diversity cases, presenting a fundamental clash between federal procedural uniformity and state regulatory authority.RoadmapOpening: A Fall That Could Reshape Federal Court PracticeHarold Berk's fall from bed leads to medical malpractice case with nationwide implicationsDelaware's expert affidavit requirement vs. Federal Rules of Civil Procedure29 states with similar medical malpractice requirements creating potential patchworkThe Legal Framework: Erie Meets the Federal RulesErie Doctrine (1938): Federal courts must apply state substantive law for state claimsFederal Rules of Civil Procedure (1938): Uniform procedures for all federal courtsShady Grove Test: When Federal Rule and state law "answer the same question," Federal Rule winsTension between federal procedural uniformity and state regulatory authorityThe Shady Grove FoundationShady Grove Orthopedic Associates v. Allstate Insurance (2010) background$500 individual claim vs. multimillion-dollar class action potentialNew York's prohibition on statutory penalty class actions vs. Federal Rule 23Fractured Decision: Scalia plurality vs. Stevens concurrence vs. four dissentsThe Procedural Journey: From Delaware District Court to the Supreme CourtBerk's five-month struggle to obtain required expert affidavitDr. Raikin's refusal despite initially supporting Berk's caseMultiple physicians declining to provide affidavits against other doctorsThird Circuit's dismissal: affidavit "not a pleading" with "different purpose"Petitioner's Three-Pronged AttackDirect conflict with Federal Rules 8 and 9 under Shady Grove testUniformity concerns: Undermines federal procedural consistency established in 1938Anti-circumvention: State requirements shouldn't allow end-run around federal pleading standardsRespondents' Three-Part DefenseSeparate spheres: Delaware law operates as evidentiary requirement distinct from pleading rulesErie compliance: Represents substantive state law that federal courts must respectLimited Shady Grove: Fractured decision provides narrow precedential valueCASE SIGNIFICANCEThe outcome will likely determine whether federal courts remain faithful to both federal procedural uniformity and state substantive authority, or whether one value must give way to the other in the modern era of complex state regulatory schemes.Key Legal Concepts ExplainedDiversity Jurisdiction: Federal court authority over cases between citizens of different states involving state law claimsErie Doctrine: Principle requiring federal courts to apply state substantive law in diversity cases while using federal procedureFederal Rules of Civil Procedure: Uniform procedural rules governing all federal courts since 1938Expert Affidavit Requirements: State laws requiring medical expert certification before proceeding with malpractice claimsShady Grove Test: When Federal Rule and state law "answer the same question," Federal Rule controlsProcedural vs. Substantive Law: Distinction between how cases are conducted (procedural) and legal rights/remedies (substantive)Forum Shopping: Practice of choosing favorable court jurisdiction for litigation advantage

Episode OverviewThe Supreme Court returns from summer recess with a blockbuster lineup of cases for October and November 2025. This episode provides a comprehensive preview of the 19 cases already scheduled for oral argument, spanning critical issues from voting rights to conversion therapy bans to criminal procedure reforms. We examine why this term opens with such consequential cases and what practitioners and citizens should watch for as the arguments unfold.What You'll LearnComplete October & November argument schedule with key dates and case pairingsWhy Louisiana v. Callais could be the most significant voting rights case in years - including why the Court ordered reargument with explosive new briefingHow Chiles v. Salazar tests the boundaries between professional regulation and First Amendment protectionCriminal justice cases that could reshape double jeopardy doctrine, death penalty procedures, and federal sentencingWhat these early cases signal about the Court's priorities for the full 2025-2026 termEpisode RoadmapOpening: Term Overview Supreme Court's 2025-2026 schedule: 19 cases across 10 argument daysWhy the Court frontloaded significant cases in October-NovemberWhat's still coming: Additional cases and argument dates to be announcedOctober Arguments Deep DiveWeek 1: October 6-8Villarreal v. Texas - Sixth Amendment right to counsel during trial recessesBerk v. Choy - State procedural rules in federal courtChiles v. Salazar - Colorado conversion therapy ban and First Amendment clashBarrett v. United States - Double jeopardy and multiple sentencesBost v. Illinois Board of Elections - Standing to challenge election proceduresU.S. Postal Service v. Konan - Federal tort immunity for intentional mail failuresWeek 2: October 14-15Criminal procedure cases: Bowe and Ellingburg on post-conviction relief and ex post facto protectionsThe blockbuster: Louisiana v. Callais reargument on voting rights and equal protectionCase v. Montana - Fourth Amendment emergency aid exceptionNovember Arguments AnalysisEarly November Focus Areas:Capital punishment: Hamm v. Smith on intellectual disability assessmentsGovernment contractor liability: Hencely v. Fluor CorporationPrisoners' religious rights: Landor v. Louisiana Department of CorrectionsFederal Sentencing Reform Finale:Fernandez, Rutherford, and Carter cases on "extraordinary and compelling" sentence reductionsLooking Ahead: What's NextAdditional cases expected throughout fallPattern analysis: What these early cases reveal about Court prioritiesPreview of upcoming episode plans for individual case deep-divesKey Cases HighlightedMust-Watch CasesLouisiana v. Callais (Oct. 15) - Could fundamentally alter Voting Rights Act enforcementChiles v. Salazar (Oct. 7) - Conversion therapy ban meets First AmendmentHamm v. Smith (Nov. 4) - Life-or-death intellectual disability standardsImportant for PractitionersBerk v. Choy - Federal court procedure and state law intersectionBost v. Illinois Board of Elections - Election law standing requirementsSentencing trio (Nov. 12) - Federal prison sentence modification standardsTechnical but SignificantBarrett v. United States - Double jeopardy doctrine refinementCase v. Montana - Fourth Amendment warrant exceptionsCivil procedure cases throughout NovemberResources MentionedSCOTUSblog case pages for detailed briefing schedulesSupreme Court argument calendars (October & November 2025)Voting Rights Act Section 2 background materials

OverviewThis episode examines the Supreme Court's September 9, 2025 Order that expedited review of two consolidated cases challenging President Trump's authority to impose sweeping tariffs under the International Emergency Economic Powers Act (IEEPA), representing a constitutional clash over the separation of powers and presidential trade authority.RoadmapOpening: Explosive Constitutional QuestionsSeptember 9, 2025 certiorari grant and consolidation orderExpedited briefing schedule for November 2025 oral argumentsStakes: Presidential power to tax trillions in trade and reshape the economyBackground: The Trump Tariff OrdersReciprocal Tariffs: 10% on virtually all imports, higher rates for 57 countriesTrafficking Tariffs: Levies on Mexico, Canada, and China for drug enforcementIEEPA as claimed statutory authority for both tariff schemesNational emergency declarations underlying the ordersThe Central Legal QuestionDoes "regulate" in IEEPA include power to impose tariffs?Constitutional separation of taxing vs. regulating powersArticle I distinctions between taxation and commerce regulationHistorical significance: "No taxation without representation"Lower Court JourneyMultiple simultaneous lawsuits in different courtsDistrict court and Court of International Trade conflicting approachesFederal Circuit en banc decision striking down tariffsJudge Taranto's influential dissent supporting tariff authorityReferenced CasesTrump v. V.O.S. Selections | Case No. 24-1286 | Docket Link: HereQuestion Presented: Whether IEEPA authorizes the President to impose these specific sweeping tariffsGovernment Arguments:"Regulate" includes power to impose tariffs as lesser-included authorityHistorical practice supports broad executive trade power during emergenciesMajor questions doctrine doesn't apply in foreign policy contextsV.O.S. Arguments:Constitutional separation requires clear authorization for taxation"Regulate" and "tariff" are distinct powers with different purposesMajor questions doctrine requires explicit congressional authorizationLearning Resources v. Trump | Case No. 24-1287 | Docket Link: HereQuestion Presented: Whether IEEPA authorizes any presidential tariffs whatsoeverLearning Resources Arguments:"Regulate" means control behavior, "tariff" means raise revenue - fundamentally differentNo historical practice of IEEPA tariffs in nearly 50 yearsConstitutional avoidance: IEEPA covers exports where tariffs are prohibitedGovernment Arguments:Plain text of "regulate importation" naturally includes tariff authorityYoshida precedent shows Congress ratified tariff interpretationPresidential action deserves greater deference than agency actionKey Legal Precedents ExaminedHistorical Foundation CasesGibbons v. Ogden (1824): Marshall's distinction between taxing and regulating powersUnited States v. Yoshida International (1975): Nixon import surcharge precedentFederal Energy Administration v. Algonquin SNG (1976): "Adjust imports" includes feesModern Constitutional DoctrinesMajor Questions Doctrine: Clear authorization required for "vast economic and political significance"Constitutional Avoidance: Interpreting statutes to avoid constitutional problemsNoscitur a Sociis: "Word known by company it keeps" interpretive principleStrategic Legal ArgumentsGovernment's Core PositionTextual: "Regulate" includes "control" and "adjust by rule" - tariffs qualifyHistorical: Congressional ratification of Yoshida through IEEPA enactmentForeign Policy Exception: Major questions doctrine doesn't apply to national securityPresidential vs. Agency: Direct presidential delegation deserves greater deferenceChallengers' Core PositionSeparation of Powers: Taxing and regulating are constitutionally distinctTextual Context: Other IEEPA verbs don't involve revenue raisingConstitutional Avoidance: Export tax prohibition requires narrow readingMajor Questions: $4 trillion impact requires explicit authorizationBroader Constitutional ImplicationsIf Government WinsSweeping presidential tariff authority during declared emergenciesExpansion of executive power over traditionally congressional domainPotential model for other emergency economic powersIf Challengers WinReinforcement of congressional primacy over taxationStrengthening of major questions doctrine application to presidential actionConstraint on emergency powers in economic regulationKey Legal Concepts ExplainedIEEPA (International Emergency Economic Powers Act): 1977 law granting emergency economic authoritiesMajor Questions Doctrine: Requirement for clear authorization for actions of vast significanceConstitutional Avoidance: Interpreting statutes to avoid constitutional problemsSeparation of Powers: Constitutional division of authority between branchesForeign Policy Exception: Debate over whether normal limits apply to international contextsTimeline and Practical ImpactSeptember 19, 2025: Opening briefs dueSeptember 23, 2025: Amicus briefs dueOctober 20, 2025: Response briefs dueOctober 30, 2025: Reply briefs dueNovember 2025: Oral arguments (first week)Expected Decision: January 2026 or sooner

This episode examines how the Supreme Court's 2024-25 term may be quietly reshaping First Amendment doctrine through four cases that suggest new approaches to constitutional scrutiny levels.We analyze how the Court appears to be moving away from the mechanical application of strict, intermediate, and rational basis review established in Reed v. Town of Gilbert, instead developing more contextual approaches that consider traditional government authority, institutional expertise, and competing constitutional values.The episode explores Catholic Charities Bureau's traditional strict scrutiny analysis of denominational discrimination, TikTok's content-neutral treatment of national security regulations, Free Speech Coalition's novel "partial protection" theory for age verification requirements, and Mahmoud's expansion of religious liberty protection in public schools.Cases Covered:Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission | Case No. 24-154 | Opinion Summary: Here;TikTok Inc. v. Garland | Case No. 24-656, 24-657 | Opinion Summary: Here;Free Speech Coalition Inc. v. Paxton | Case No. 23-1122 | Opinion Summary: Here; andMahmoud v. Taylor | Case No. 24-297 | Opinion Summary: Here.Key Precedents Referenced:Reed v. Town of Gilbert;Employment Division v. Smith;Wisconsin v. Yoder;Turner Broadcasting System, Inc. v. FCC; andLarson v. Valente.

This episode revisits the Supreme Court's 2020 Bostock decision and examines how the Court's recent retreat from Bostock in United States v. Skrmetti sets up a constitutional showdown over transgender rights in school sports. We analyze the methodical legal reasoning behind Bostock's landmark ruling that Title VII protects gay and transgender employees, then explore how each faction of justices treated Bostock differently in Skrmetti's constitutional challenge to Tennessee's transgender healthcare ban. The episode concludes by examining how both sides strategically deployed Bostock and anticipated Skrmetti's outcome in their cert petitions for the upcoming transgender sports cases, revealing fundamental disagreements about statutory interpretation, constitutional methodology, and the scope of civil rights protections.Cases Covered:Bostock v. Clayton County | Case No. 17-1618, 17-1623, 18-107 | Opinion: HereUnited States v. Skrmetti | Case No. 23-477 | Opinion: HereState of West Virginia v. B.P.J. | Case No. 24-735 | Docket Link: HereLittle v. Hecox (Idaho) | Case No. 24-38 | Docket Link: HereWest Virginia v. B.P.J. | Case No. 24-43 | Docket Link: HereEpisodes Referenced:August 5th Roundup: Presidential Power Crushes Agency Independence, Court Places Voting Rights Act in Crosshairs and Maryland v. Shatzer, a Case That Evolved Beyond Its Origins | Link: HereJuly 7th Roundup: New Certs: Transgender Rights in Schools and Religious Liberties | Link: HereOpinion Summary: United States v. Skrmetti | Date Decided: 6/18/25 | Case No. 23-477 | Link: HereOral Argument: United States v. Skrmetti | Case No. 23-477 | Date Argued: 12/4/24 | Link: Here

This episode catches up on recent Supreme Court developments in the regular and emergency dockets.We examine how the Court may be preparing to reshape voting rights law through Louisiana v. Callais, then dive into the contentious emergency docket battle in Trump v. Doyle over presidential firing power and agency independence. The second half features an in-depth analysis of Maryland v. Shatzer (2010), exploring how a seemingly narrow Miranda ruling about re-invoking counsel rights later became a foundation for broader limitations on constitutional protections, while showcasing the fractured judicial philosophies of Justices Scalia, Stevens, and Thomas on court-made constitutional rules.Case Covered:Trump v. Boyle | Case No. 25A11 | Docket Link: HereLouisiana v. Callais | Case No. 24-109 | Docket Link: Here | Supplemental Briefing Order: Here (Consolidated with Robinson v. Callais | Case No. 24-110 | Docket Link: Here)Maryland v. Shatzer | Case No. No. 08-680 | Opinion: HereVega v. Tekoh | Case No. 21–499 | Opinion: HereEpisodes Referenced:Order Summary: Trump v. Wilcox | Order Date: 5/22/25 | Case No. 24A966 | Episode Link: HereTimestamps:[00:00:00] Introduction[00:01:58] Regular Docket Update: Louisiana v. Callais[00:03:09] Emergency Docket Drama: Trump v. Boyle[00:07:24] Deep Dive: Maryland v. Shatzer Analysis[00:08:20] Shatzer's Case Details and Supreme Court Ruling[00:19:42] Implications and Evolution of Miranda Rights[00:21:42] Conclusion

This episode examines a July 14th Supreme Court emergency docket ruling that reveals fundamental tensions about executive power over federal agency firings at the Education Department and the limits of congressional authority. This episode also compares and contrasts this case (McMahon v. New York) with OPM v. AFGE, a government workforce reduction case discussed in our July 9th episode. In both cases, the government raised virtually identical arguments about standing, jurisdiction and the merits. In both cases, SCOTUS permitted the reductions to take effect while litigation played out.Case Covered:McMahon v. New York | Case No. 24A1203 | Docked Link: HereBottom Line: SCOTUS allows Trump Administration to proceed with eliminating over half the Department of Education's workforce while legal challenges continue, despite lower courts finding likely constitutional violations.

This episode examines two major Supreme Court emergency docket rulings that reveal fundamental tensions about presidential power, judicial authority, and constitutional rights. Both cases demonstrate the Court's willingness to grant extraordinary relief to the government while exposing deep philosophical divisions among the justices.Cases Covered:Trump v. American Federation of Government Employees | Case No. 24A1174 | Docket Link: HereBottom Line: Court allows President to proceed with planning massive federal workforce reductions while legal challenges continueDepartment of Homeland Security v. D.V.D. | Case No. 24A1153 | Docket Link: HereBottom Line: Court twice intervened to help government deport individuals to third countries without additional constitutional process

This episode covers four major Supreme Court cases granted certiorari in summer 2024 (July 3, 2025 Miscellaneous Order: Here), examining the Court's strategic approach to constitutional law and its rapid movement on key cultural and legal issues.Episode RoadmapOpening: The Court's Strategic AccelerationSupreme Court's unusual speed in granting certiorari after major rulingsRejection of traditional "percolation" approachWhy the Court chose direct review over GVR ordersTransgender Sports CasesLittle v. Hecox (Idaho) | Case No. 24-38 | Docket Link: HereBackground: Idaho's "Fairness in Women's Sports Act" banning transgender women from women's sports teamsKey Player: Lindsay Hecox, transgender student at Boise State UniversityNinth Circuit Reasoning: Applied heightened scrutiny; found likely Equal Protection violationsPost-Skrmetti Impact: How the medical treatment precedent affects sports participationWest Virginia v. B.P.J. | Case No. 24-43 | Docket Link: HereBackground: West Virginia's H.B. 3293 categorical sports banKey Player: B.P.J., 14-year-old transgender student with amended birth certificateUnique Factors: Puberty blockers, competitive performance, individual circumstancesFourth Circuit's Approach: Case-by-case analysis vs. categorical rulesStrategic Litigation: Why B.P.J. argued for waiting on Skrmetti decisionReligious Liberty CaseOlivier v. City of Brandon | Case No. 24-993 | Docket Link: Here 24-1021Background: Street preaching arrest and subsequent civil rights lawsuitCore Legal Issue: Heck v. Humphrey doctrine and prospective reliefCircuit Split: Fifth Circuit's restrictive approach vs. Ninth Circuit's permissive stanceKey Arguments:Prospective relief exception to HeckNo custody/no habeas access theoryBroader Impact: Civil rights enforcement for repeat constitutional violationsSovereign Immunity CaseNJT v. Colt | Case No. 24-1113 | Docket Link: Here (consolidated with Cedric Galette, Petitioner v. New Jersey Transit Corporation | Case No. 24-1021 | Docket Link: Here)Background: Manhattan pedestrian struck by NJ Transit busProcedural Drama: Three-year delay before immunity claimGeographic Split: New York vs. Pennsylvania Supreme Court decisions"Arm of the State" Test:Treasury factor debateState control analysisHistorical corporate separateness doctrineNationwide Impact: Interstate transportation liability and state entity structureKey Legal Concepts ExplainedGVR Orders: Grant, Vacate, and Remand procedurePercolation: Allowing lower courts to develop precedent before Supreme Court interventionHeck v. Humphrey: Doctrine preventing civil suits that would invalidate criminal convictionsInterstate Sovereign Immunity: Protection for states from suits in other states' courts"Arm of the State" Analysis: Multi-factor test for determining state entity immunityStrategic ThemesInstitutional Impatience: Court's rejection of gradual doctrinal developmentComprehensive Constitutional Architecture: Establishing unified frameworks quicklyGeographic Uniformity: Ending constitutional "lottery" based on courthouse locationCultural Battle Resolution: Court's role in settling complex social debates definitively

This episode:Analyzes the Supreme Court's blockbuster end to the 2024-2025 term, covering the final nine opinions and examining patterns across all 61 cases decided this term. Explores the dramatic Friday release where cases "trickled out slowly" due to lengthy dissents read from the bench, dive into comprehensive term statistics, and conduct an in-depth analysis of Justice Barrett's methodological approach in Trump v. CASA—particularly her heavy reliance on historical sources versus textual analysis.Concludes with analysis of seven landmark cases the Court agreed to hear for next term, including a billion-dollar copyright battle over internet piracy (Cox v. Sony Music), a campaign finance showdown (National Republican Senatorial Committee v. FEC), and disputes over federal removal deadlines, private rights of action, and criminal fugitive tolling that could reshape fundamental areas of American law. June 30 Order List: Here.Episode HighlightsFinal Week Patterns: June 27th saw uniform 6-3 splits with conservative dominance, while June 26th showed more fractures with 5-4 and 6-3 divisionsTerm Overview: 61 total cases decided with a 70% reversal rate, demonstrating the Court's role as an error-correction mechanismVoting Consensus: 43% of cases decided unanimously (26 cases), showing remarkable agreement despite ideological divisionsBarrett's Methodology: Deep dive into her historical originalism approach in Trump v. CASA versus her typical textualist methods in other casesNew Cert Grants: Overview of the 7 new cases SCOTUS agreed to hear.Key Justice Statistics (2024-2025 Term)The Justices wrote 5 Per Curiam opinions.Justice Roberts: Authored or joined 59 opinions, authored or joined 1 concurrences and authored or joined 2 dissents.Justice Thomas: Authored or joined 47 opinions, authored or joined 21 concurrences and authored or joined 14 dissents.Justice Alito: Authored or joined 47 opinions, authored or joined 21 concurrences and authored or joined 14 dissents.Justice Sotomayor: Authored or joined 45 opinions, authored or joined 11 concurrences and authored or joined 13 dissents.Justice Kagan: Authored or joined 51 opinions, authored or joined 2 concurrences and authored or joined 9 dissents.Justice Gorsuch: Authored or joined 42 opinions, authored or joined 6 concurrences and authored or joined 12 dissents.Justice Kavanaugh: Authored or joined 57 opinions, authored or joined 9 concurrences and authored or joined 3 dissents.Justice Barrett: Authored or joined 54 opinions, authored or joined 10 concurrences and authored or joined 5 dissents.Justice Jackson: Authored or joined 41 opinions, authored or joined 12 concurrences and authored or joined 17 dissents.Referenced CasesTrump v. CASA (universal injunctions)Grupo Mexicano (historical equity test)Louisiana v. Callais (relisted case)Esteras v. United States (criminal sentencing)Medical Marijuana v. Horn (statutory interpretation)FDA v. R.J. Reynolds (administrative law)New Cert Grants:M & K Employee Solutions, LLC, et al. v. Trustees of the IAM National Pension Fund | Case No. 23-1209 | Docket Link: Here.Cox Communications, Inc., et al. v. Sony Music Entertainment, et al. | Case No. 24-171 | Docket Link: Here.FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al. | Case No. 24-345 | Docket Link: Here.Douglas Humberto Urias-Orellana, et al. v. Bondi | No. 24-777 | Docket Link: Here.Enbridge Energy, LP, et al. v. Dana Nessel, Attorney General of Michigan, on Behalf of the People of the State of Michigan | Case No. 24-783 | Docket Link: Here.Isabel Rico v. United States | Case No. 24-1056 | Docket Link: Here.National Republican Senatorial Committee, et al. v. Federal Election Commission, et al. | Case No. 24-621 | Docket Link: Here.Source cited:Mark Walsh, Closing the book on the term, SCOTUSblog (Jun. 27, 2025, 7:15 PM), https://www.scotusblog.com/2025/06/closing-the-book-on-the-term/Timestamps:[00:00:00] Introduction[00:02:13] June 27th Opinions[00:03:20] June 26th Opinions[00:04:30] Term in Review[00:09:48] Trump v. CASA Deep Dive: Justice Barrett's Approach[00:13:40] Comparing Justice Barrett's Methodology Across this Term[00:17:00] Grupo Mexicano Heavily Influenced Justice Barrett[00:19:42] Comparison of Oral Arguments to Opinion[00:29:33] June 30th Cert Grants[00:29:41] Cert Grant: M & K Employee Solutions[00:30:36] Cert Grant: Cox Communications v. Sony Music Entertainment[00:32:16] Cert Grant: FS Credit v. Saba Capital Master Fund[00:33:59] Cert Grant: Enbridge Energy v. Nessel[00:38:35] Cert Grant: Urias-Orellana v. Bondi[00:38:48] Cert Grant: Rico v. United States[00:39:56] Cert Grant: Senate Committee on Ethics v. FEC[00:41:22] Conclusion

This episode provides a comprehensive analysis of five major Supreme Court decisions released on June 27, 2025, that collectively reshape key areas of constitutional law including judicial authority, parental rights, agency power, executive appointments, and online speech regulation. We also discuss the notable absence of a decision in Louisiana v. Callais, a complex redistricting case that many Court watchers expected to be resolved.Cases Covered:Trump v. CASA, Inc.Holding: Federal district courts lack authority to issue universal injunctions that prohibit government enforcement of policies against anyone beyond the named plaintiffsVote: 6-3 (Barrett majority; Thomas, Alito, Kavanaugh concurrences; Sotomayor and Jackson dissents)Mahmoud v. TaylorHolding: Parents challenging a school board's LGBTQ-inclusive storybooks and refusal to allow opt-outs are entitled to preliminary injunction under the Free Exercise ClauseVote: 6-3 (Alito majority; Thomas concurrence; Sotomayor dissent)FCC v. Consumers' ResearchHolding: The FCC's universal service contribution scheme does not violate the Constitution's nondelegation doctrineVote: 6-3 (Kagan majority; Kavanaugh and Jackson concurrences; Gorsuch dissent)Kennedy v. Braidwood Management, Inc.Holding: U.S. Preventive Services Task Force members are inferior officers who can be constitutionally appointed by the HHS Secretary rather than requiring presidential nomination and Senate confirmationVote: 6-3 (Kavanaugh majority; Thomas dissent)Free Speech Coalition, Inc. v. PaxtonHolding: Texas's age verification law for pornographic websites is constitutional under intermediate scrutiny rather than strict scrutinyVote: 6-3 (Thomas majority; Kagan dissent)Pending Cases: Louisiana v. Callais. On June 27, 2025, the Court stated that it will rehear this case.

Opinion Summary: Free Speech Coalition, Inc. v. Paxton | Date Decided: 6/27/25 | Case No. 23-1122 Link to Docket: Here.Background:This Court has repeatedly held that States may rationally restrict minors' access to sexual materials, but such restrictions must withstand strict scrutiny if they burden adults' access to constitutionally protected speech. See, e.g., Ashcroft v. ACLU, 542 U.S. 656, 663 (2004). In the decision below, the Fifth Circuit applied rational-basis review-rather than strict scrutiny-to vacate a preliminary injunction of a provision of a Texas law that significantly burdens adults' access to protected speech, because the law's stated purpose is to protect minors. Question Presented:Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done.Holding: H. B. 1181 triggers, and survives, review under intermediate scrutiny because it only incidentally burdens the protected speech of adults. H. B. 1181 survives intermediate scrutiny because it advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interests.Result: Affirmed. Voting Breakdown: 6-3. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh and Barrett joined. Justice Kagan filed a dissenting opinion in which Justices Sotomayor and Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioners: Derek L. Shaffer, Washington, D.C. For United States, as amicus curiae: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.For Respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Mahmoud v. Taylor | Date Decided: 6/27/25 | Case No. 24-297 Link to Docket: Here. Background:Respondent Montgomery County Board of Education requires elementary school teachers to read their students storybooks celebrating gender transitions, Pride parades, and same-sex playground romance. The storybooks were chosen to disrupt "cisnormativity" and "either/or thinking" among students. The Board's own principals objected that the curriculum was "not appropriate for the intended age group," presented gender ideology as "fact," "sham[ed]" students with contrary opinions, and was "dismissive of religious beliefs." The Board initially allowed parents to opt their kids out- but then reversed course, saying that no opt-outs would be permitted and that parents would not even be notified when the storybooks were read. Petitioners filed suit, not challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents' religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the Fourth Circuit found no free-exercise burden because no one was forced "to change their religious beliefs or conduct." Question Presented:Whether public schools burden parents' religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents' religious convictions and with-out notice or opportunity to opt out.Holding: Parents challenging the Board's introduction of the "LGBTQ+-inclusive" storybooks, along with its decision to withhold opt outs, are entitled to a preliminary injunction.Result: Reversed and remanded. Voting Breakdown: 6-3. Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh and Barrett joined. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioners: Eric S. Baxter, Washington, D.C.; and Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)For Respondents: Alan E. Schoenfeld, New York, N.Y.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: FCC v. Consumers' Research | Date Decided: 6/27/25 | Case No. 24-354 This case was consolidated with: SHLB Coalition V. Consumers' Research, Case No. 23-422.Link to Docket: Here.Background:In 47 U.S.C. 254, Congress required the Federal Communications Commission (Commission) to operate universal service subsidy programs using mandatory contributions from telecommunications carriers. The Commission has appointed a private company as the programs' Administrator, authorizing that company to perform administrative tasks such as sending out bills, collecting contributions, and disbursing funds to beneficiaries. Questions Presented: 1. Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the amount that providers must contribute to the Fund. 2. Whether the Commission violated the nondelegation doctrine by using the Administrator's financial projections in computing universal service contribution rates. 3. Whether the combination of Congress's conferral of authority on the Commission and the Commission's delegation of administrative responsibilities to the Administrator violates the nondelegation doctrine.Holding: The universal-service contribution scheme does not violate the nondelegation doctrine.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Kagan delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kavanaugh, Barrett and Jackson joined. Justice Kavanaugh and Justice Jackson filed concurring opinions. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.Link to Opinion: Here.Oral Advocates:For Petitioners in 24-354: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D.C. For Petitioners in 24-422: Paul D. Clement, Alexandria, Va.For Respondents: R. Trent McCotter, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Kennedy v. Braidwood Mgmt., Inc. | Date Decided: 6/27/25 | Case No. 24-316 Host Note: On 4/25/25, the Supreme Court ordered the parties to “file supplemental letter briefs addressing the following question: Whether Congress has ‘by Law’ vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II, §2, cl. 2.” Link to 4/25/25 Order: Here. On 5/5/25, the parties filed supplemental letter briefs.Link to Docket: Here.Background:The U.S. Preventive Services Task Force (Task Force), which sits within the Public Health Service of the Department of Health and Human Services (HHS), issues clinical recommendations for preventive medical services, such as screenings and medications to prevent serious diseases. Under the Patient Protection and Affordable Care Act, Pub. L. No. 111 -148, 124 Stat. 119, health insurance issuers and group health plans must cover certain preventive services recommended by the Task Force without imposing any cost-sharing requirements on patients. 42 U.S.C. 300gg-13(a)(1). Question Presented: Whether the court of appeals erred in holding that the structure of the Task Force violates the Appointments Clause of the United States Constitution and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the HHS Secretary’s supervision.Holding: Result: Voting Breakdown: Link to Opinion: Here.Oral Advocates:For Petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D.C. For Respondents: Jonathan F. Mitchell, Austin, Tex.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Trump, President of U.S. v. Casa, Inc. | Date Decided: 6/27/25 | Case No. 24A884 Links to Docket: Here (Case No. 24A884); Here (Case No. 24A885); and Here (Case No. 24A886).Questions Presented:Whether the Supreme Court should stay the district courts' nationwide preliminary injunctions on the Trump administration’s 1/20/25 executive order ending birthright citizenship except as to the individual plaintiffs and identified members of the organizational plaintiffs or states.Whether district courts have the authority to issue nationwide preliminary injunctions irrespective of class-action certification.Background:On January 20, 2025, President Trump issued an Executive Order regarding birthright citizenship. Section 1 of the Order recognizes that the Constitution and the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., confer citizenship upon all persons born in the United States and subject to the jurisdiction thereof. Specifically, the Fourteenth Amendment to the U.S. Constitution provides that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” U.S. Const. Amend. XIV, § 1. That provision, known as the Citizenship Clause, repudiated Dred Scott v. Sandford, 19 How. 393 (1857), which infamously misinterpreted the Constitution to deny U.S. citizenship to people of African descent based solely on their race. Congress has reaffirmed the Citizenship Clause in the INA, which provides that “a person born in the United States, and subject to the jurisdiction thereof,” is a citizen of the United States. 8 U.S.C. 1401(a). Section 1 of the Order identifies two circumstances in which a person born in the United States is not subject to its jurisdiction: “(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that 6 person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Citizenship Order § 1. Section 2 of the Order directs the Executive Branch (1) not to issue documents recognizing U.S. citizenship to the persons identified in Section 1 and (2) not to accept documents issued by state, local, or other governments purporting to recognize the U.S. citizenship of such persons. See Citizenship Order § 2(a). Section 2 specifies that those directives “apply only to persons who are born within the United States after 30 days from the date of this order,” i.e., after February 19. Id. § 2(b). Three district courts in Maryland, Massachusetts, and Washington have issued overlapping nationwide injunctions at the behest of 22 States, two organizations, and seven individuals. Those universal injunctions prohibit a Day 1 Executive Order from being enforced anywhere in the country, as to “hundreds of thousands” of unspecified individuals who are “not before the court nor identified by the court.” Three Circuit Courts of Appeals refused to limit the nationwide injunctions. Holding: Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government's applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.Result: Applications for partial stays granted.Voting Breakdown: 6-3. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Gorsuch, and Kavanaugh joined. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Alito filed a concurring opinion, in which Justice Thomas joined. Justice Kavanaugh filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined. Justice Jackson filed a dissenting opinion.Link to Opinion: Here.Oral Advocates:For Applicants: D. John Sauer, Solicitor General, Department of Justice, Washington, D.C. For State and City Respondents: Jeremy M. Feigenbaum, Solicitor General, Trenton, N.J. For Private Respondents: Kelsi B. Corkran, Washington, D.C. Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Riley v. Bondi | Date Decided: 6/26/25 | Case No. 23–1270 Link to Docket: Here.Background:Petitioner Pierre Riley, ineligible for cancellation of removal or discretionary relief from removal, sought deferral in withholding-only proceedings, pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. After the Board of Immigration Appeals issued a decision reversing an immigration judge's grant of relief, Riley promptly petitioned for review by the U.S. Court of Appeals for the Fourth Circuit. Although both parties urged the court to decide the merits of the case, the Fourth Circuit dismissed Riley's petition for lack of jurisdiction pursuant to 8 U.S.C. 1252(b)(1), which states "[t]he petition for review must be filed not later than 30 days after the date of the final order of removal." This holding implicates two circuit splits, each of which independently warrants review.Questions Presented: Whether 8 U.S.C. 1252(b)(1)'s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited.Whether a person can obtain review of the BIA's decision in a withholding-only proceeding by filing a petition within 30 days of that BIA decision?Holding: 1. BIA orders denying deferral of removal in "withholding-only" proceedings are not "final order[s] of removal" under Section 1252(b)(1). An "order of removal" includes an "order of deportation," which, in turn, is defined as an order "concluding that the alien is deportable or ordering deportation." 2. The 30-day filing deadline under Section 1252(b)(1) is a claims-processing rule, not a jurisdictional requirement.Result: Vacated and remanded.Voting Breakdown: 5-4 as to the holding that BIA orders denying deferral of removal in "withholding-only" proceedings are not "final order[s] of removal" under Section 1252(b)(1). 9-0 as to the holding that the 30-day filing deadline under Section 1252(b)(1) is a claims-processing rule, not a jurisdictional requirement. Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Kavanaugh, and Barrett joined in full, and in which Justices Sotomayor, Kagan, Gorsuch, and Jackson joined only as to Part II–B. Justice Thomas filed a concurring opinion. Justice Sotomayor filed an opinion dissenting in part, in which Justices Kagan and Jackson joined in full, and in which Justice Gorsuch joined except as to Part IV.Link to Opinion: Here.Oral Advocates:For Petitioner:For Respondent:Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Gutierrez v. Saenz | Date Decided: 6/26/25 | Case No. 23-7809 Link to Docket: Here.Background:In Reed v. Goertz, 598 U.S. 230 (2023), this Court held that Rodney Reed has standing to pursue a declaratory judgment that Texas's post-conviction DNA statute was unconstitutional because ''Reed suffered an injury in fact," the named defendant "caused Reed's injury," and if a federal court concludes that Texas's statute violates due process, it is "substantially likely that the state prosecutor would abide by such a court order." In this case, a divided panel of the United States Court of Appeals for the Fifth Circuit refused to follow that ruling over a dissent that recognized that this case was indistinguishable from Reed. The majority formulated its own novel test for Article III standing, which requires scouring the record of the parties' dispute and any legal arguments asserted, to predict whether the defendants in a particular case would actually redress the plaintiff’s injury by complying with a federal court's declaratory judgment. Gutierrez v. Saenz, 93 F.4th 267, 274 (5th Cir. 2024). The Fifth Circuit's new test conflicts with Reed and creates a circuit split with the United States Courts of Appeals for the Eighth and Ninth Circuits, which have applied the standing doctrine exactly as this Court directed in Reed. See Johnson v. Griffin, 69 F.4th 506 (8th Cir. 2023); Redd v. Guerrero, 84 F.4th 874 (9th Cir. 2023). Question Presented: Does Article III standing require a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment?Holding: Gutierrez has standing to bring his Section 1983 claim challenging Texas's postconviction DNA testing procedures under the Due Process Clause.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Kagan, Kavanaugh, and Jackson joined, and in which Justice Barrett joined as to all but Part II.B.2. Justice Barrett filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.Link to Opinion: Here.Oral Advocates:For petitioner: Anne E. Fisher, Assistant Federal Defender, Philadelphia, Pa.For respondents: William F. Cole, Deputy Solicitor General, Austin, Tex.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Medina v. Planned Parenthood South Atlantic | Date Decided: 6/26/25 | Case No. 23–1275 Link to Docket: Here. Background:More than 30 years ago, this Court first applied what would become known as the "Blessing factors," holding that a Medicaid Act provision created a privately enforceable right to certain reimbursement rates. Wilder v. Va. Hosp. Ass'n, 496 U.S. 498, 509-10 (1990). Later, the Court distilled from Wilder a multi-factor test for deciding whether a "statutory provision gives rise to a federal right" privately enforceable under Section 1983. Blessing v. Freestone, 520 U.S. 329, 340 (1997). Five years later, though, the Court disparaged Blessing's test while clarifying that only "an unambiguously conferred right is enforceable by § 1983." Gonzaga University v. Doe, 536 U.S. 273, 282 (2002). Then, in Health & Hospital Corp. of Marion County v. Talevski, 599 U.S. 166, 180 (2023), the Court doubled down on Gonzaga's "demanding bar." The Court did not apply Blessing or Wilder in Talevski, but it did not overrule them either. After the Court GVR'd this case in light of Talevski, the Fourth Circuit applied Wilder and Blessing again and reaffirmed its prior opinions, maintaining a 5-2 circuit split over the first question presented and a 3-1 circuit split over the proper reading of O'Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), which frames the second question. Questions Presented:1. Whether the Medicaid Act's any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider. 2. What is the scope of a Medicaid beneficiary's alleged right to choose a provider that a state has deemed disqualified?Holding: Section 1396a(a)(23)(A) does not clearly and unambiguously confer individual rights enforceable under Section 1983.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kavanaugh, and Barrett joined. Justice Thomas filed a concurring opinion. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.Link to Opinion: Here.Oral Advocates:For petitioner: John J. Bursch, Washington, D.C.; and Kyle D. Hawkins, Counselor to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)For respondents: Nicole A. Saharsky, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Hewitt v. United States | Date Decided: 6/26/25 | Case No. 23-1002 This case was consolidated with: Duffey V. United States, Case No. 23-1007.Link to Docket: Here.Background:The First Step Act (FSA) significantly reduced the mandatory minimum sentences for several federal drug and firearm offenses. First Step Act of 2018, Pub. L. No. 115- 391, §§ 401, 403, 132 Stat. 5194, 5220-5222. Sections 401 and 403 apply to offenses committed after the FSA's enactment on December 21, 2018, and to "any offense that was committed before the date of enactment * * * if a sentence for the offense has not been imposed as of such date of enactment." FSA§§ 401(c), 403(b). There is an acknowledged split between the Third, Seventh, and Ninth Circuits, on the one hand; and the Fifth and Sixth Circuits, on the other hand, on the question whether sections 401(c) and 403(b) apply when a pre-enactment sentence is vacated and the court must impose a new post-enactment sentence. Question Presented: Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the FSA's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA's enactment.Holding: Under § 403(b) of the First Step Act, a sentence "has . . . been imposed" for purposes of that provision if, and only if, the sentence is extant—i.e., has not been vacated. Thus, the Act's more lenient penalties apply to defendants whose previous § 924(c) sentences have been vacated and who need to be resentenced following the Act's enactment.Result: Reversed and remanded.Voting Breakdown: 5-4. Justice Jackson delivered the opinion of the Court with respect to Parts I, II, and III, in which Chief Justice Roberts and Justices Sotomayor, Kagan, and Gorsuch joined, and an opinion with respect to Parts IV and V, in which Justices Sotomayor and Kagan joined. Justice Alito filed a dissenting opinion, in which Justices Thomas, Kavanaugh, and Barrett joined.Link to Opinion: Here.Oral Advocates:For petitioners: Michael B. Kimberly, Washington, D.C. For respondent in support of petitioners: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For Court-appointed amicus curiae in support of judgment below: Michael H. McGinley, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

In today's episode, we analyze the Supreme Court's recent activities across three key areas:Last week's 11 opinions and emerging patternsTerm statistics and remaining docket overviewMajor religious liberty case granted certiorari via June 23rd Order ListKey Topics CoveredTerm Statistics (As of June 23, 2025)Total cases heard: 62 unique cases this termCases decided: 52 (approximately 84%)Cases pending: 11 (approximately 16%)Methodology: Consolidated cases counted onceLast Week's Opinion AnalysisUnanimous consensus: 7 of 11 cases showed stable coalition of seven justicesOpinion distribution: Justice Thomas, Sotomayor, Gorsuch, and Barrett each authored exactly 4 opinionsChief Justice Roberts: Finally joined dissent after 41 consecutive majority opinionsMethodological splits: Justices divided on simple textual approaches vs. complex multi-factor testsFeatured Case Deep Dive: Esteras v. United StatesIssue: Whether judges can consider retribution in supervised release decisionsMajority (Barrett): Applied "expressio unius" canon - Congress deliberately excluded retributionDissent (Alito/Gorsuch): Criticized majority's "mind-bending exercises" for trial judgesVote: 7-2 with additional splintering on implementation detailsStanding Doctrine Analysis: FDA v. Reynolds & Diamond Energy v. EPACommon thread: When can businesses challenge regulations affecting market participants?Identical 7-2 splits with completely different reasoning approachesBarrett's approach: Traditional statutory interpretation and precedent analysisKavanaugh's approach: Practical economic reasoning and regulatory dynamics Certiorari Grant: Landor v. Louisiana Department of Corrections | Case No. 23-1197 | Docket Link: Here.Question Presented: Whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) permits individual-capacity damages suits against state prison officials who violate prisoners' religious exercise rights.The Shocking FactsPetitioner: Damon Landor, devout Rastafarian with 20-year religious dreadlocksIncident: Prison officials threw away Fifth Circuit decision protecting his rights, then forcibly shaved his headTimeline: Occurred with just 3 weeks left in his sentenceLegal precedent: Clear violation of Ware v. Louisiana Department of CorrectionsLegal FrameworkRFRA (1993): Applies to federal government; Tanzin v. Tanvir (2020) permits individual damagesRLUIPA (2000): Applies to state/local governments receiving federal fundsSister statutes: Nearly identical language and purposesCircuit split: All courts of appeals currently reject RLUIPA individual damagesPetitioner’s (Landor) Key Arguments:Tanzin controls: Identical "appropriate relief" language must have same meaningSister statute harmony: Supreme Court routinely interprets RFRA/RLUIPAtogether Constitutional authority: Spending Clause permits individual liability under Dole testPractical necessity: Damages often only meaningful remedy for released prisoners Respondent’s (Louisiana) Key Arguments:No circuit split: Unanimous rejection across all circuitsSpending Clause limits: Only grant recipients (states) can be liable, not individual officialsSossamon precedent: "Appropriate relief" is "ambiguous" under RLUIPAPractical concerns: Would worsen prison staffing crisis and destabilize Title IX law United States Key Arguments:Supports petitioner - significant federal government backingArgues Sossamon only addressed sovereign immunity, not individual officialsEmphasizes Congress's clear Spending Clause authorityRemaining Docket HighlightsConstitutional Powder KegsTrump v. Casa trilogy: Immigration enforcement and nationwide injunctionsFree Speech Coalition v. Paxton: Online adult content restrictions vs. child protectionVoting Rights CrucibleLouisiana v. Callais: Racial gerrymandering vs. Voting Rights Act complianceReligious Liberty BattlegroundMahmoud v. Taylor: Religious exercise vs. LGBTQ+ curricula in schoolsSupport the Podcast: If you found this analysis helpful, please subscribe, rate, and share this podcast. Your support helps us continue providing in-depth Supreme Court coverage.

Opinion Summaries: June 20, 2025 Opinions The Supreme Court released six significant opinions on June 20, 2025, spanning tobacco regulation, terrorism jurisdiction, environmental standing, telecommunications law, disability rights, and federal sentencing. This episode provides comprehensive analysis of each decision, including voting breakdowns, key holdings, and detailed examination of concurring and dissenting opinions.Host Note: Today I'm personally narrating this episode, so the pacing may be slightly different from our usual format.Here are details about the six cases:1. FDA v. R.J. Reynolds Vapor Co. | Case No. 23-1187Holding: Retailers who would sell a new tobacco product if not for the FDA's denial order may seek judicial review of that order under § 387l(a)(1).Result: Affirmed and remanded. Voting Breakdown: 7-2. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kagan, Gorsuch and Kavanaugh joined. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.Link to Opinion: Here.2. Fuld v. Palestine Liberation Organization (PLO) | Case No. 24-20 (consolidated with United States v. PLO, Case No. 24-151)Holding: The PSJVTA's personal jurisdiction provision does not violate the Fifth Amendment's Due Process Clause because the statute reasonably ties the assertion of jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches.Result: Reversed and remanded. Voting Breakdown: 9-0. Chief Justice Roberts delivered the opinion of the Court, in which Justice Alito, Justice Sotomayor, Justice Kagan, Justice Kavanaugh, Justice Barrett, and Justice Jackson joined. Justice Thomas filed an opinion concurring in the judgment, which Justice Gorsuch joined as to Part II.Link to Opinion: Here.3. Diamond Alternative Energy, LLC v. EPA | Case No. 24-7Holding: The fuel producers have Article III standing to challenge EPA's approval of the California regulations.Result: Reversed and remanded.Voting Breakdown: 7-2. Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kagan, Gorsuch, and Barrett joined. Justice Sotomayor and Justice Jackson filed dissenting opinions.Link to Opinion: Here.4. McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. | Case No. 23-1226Holding: The Hobbs Act does not bind district courts in civil enforcement proceedings to an agency's interpretation of a statute. District courts must independently determine the law's meaning under ordinary principles of statutory interpretation while affording appropriate respect to the agency's interpretation.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Gorsuch and Barrett joined. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.Link to Opinion: Here.5. Stanley v. City of Sanford | Case No. 23-997Holding: To prevail under §12112(a), a plaintiff must plead and prove that she held or desired a job, and could perform its essential functions with or without reasonable accommodation, at the time of an employer's alleged act of disability-based discrimination.Result: Affirmed.Voting Breakdown: 7-2. Justice Gorsuch delivered the opinion of the Court with respect to Parts I and II, in which Chief Justice Roberts, and Justice Thomas, Justice Alito, Justice Kagan, Justice Kavanaugh, and Justice Barrett joined, and an opinion with respect to Part III, in which Justice Alito, Justice Sotomayor, and Justice Kagan joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Barrett joined. Justice Sotomayor filed an opinion concurring in part and dissenting in part. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined as to Parts III and IV, except for n. 12.Link to Opinion: Here.6. Esteras v. United States | Case No. 23-7483Holding: A district court considering whether to revoke a defendant's term of supervised release may not consider § 3553(a)(2)(A), which covers retribution vis-à-vis the defendant's underlying criminal offense.Result: Vacated and remanded.Voting Breakdown: 7-2. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas Kagan and Kavanaugh joined and in which Justices Sotomayor and Jackson joined as to all but Part II–B. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justice Jackson joined. Justice Jackson filed an opinion concurring in part and concurring in the judgment. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.Link to Opinion: Here.

Opinion Summary: United States v. Skrmetti | Date Decided: 6/18/25 | Case No. 23-477 Link to Docket: Here.Question Presented: Whether Tennessee Senate Bill 1 (SBl), which prohibits all medical treatments intended to allow "a minor to identify with, or live as, a purported identity inconsistent with the minor's sex" or to treat "purported discomfort or distress from a discordance between the minor's sex and asserted identity," Tenn. Code Ann. § 68-33-103(a)(1), violates the Equal Protection Clause of the Fourteenth Amendment.Holding: SB1 is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment and satisfies rational basis review. SB1 satisfies rational basis review. Result: Affirmed.Voting Breakdown: 6-3. Chief Justice Roberts delivered the opinion of the Court, in which Justice Thomas, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett joined, and in which Justice Alito joined as to Parts I and II–B. Justice Thomas filed a concurring opinion. Justice Barrett filed a concurring opinion, in which Justice Thomas joined. Justice Alito filed an opinion concurring in part and concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justice Jackson joined in full, and in which Justice Kagan joined as to Parts I–IV. Justice Kagan filed a dissenting opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents L.W., et al. supporting petitioner: Chase B. Strangio, New York, N. Y. For respondents Jonathan Skrmetti, et al.: J. Matthew Rice, Solicitor General, Nashville, Tenn.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:

Opinion Summary: Perttu v. Richards | Date Decided: 6/18/25 | Case No. 23–1324 Link to Docket: Here.Question Presented: In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim?Holding: Parties are entitled to a jury trial on PLRA exhaustion when that issue is intertwined with the merits of a claim that requires a jury trial under the Seventh Amendment.Result: Affirmed.Voting Breakdown: 5-4. Chief Justice Roberts delivered the opinion of the Court, in which Justices Sotomayor, Kagan, Gorsuch and Jackson joined. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito and Kavanaugh joined.Link to Opinion: Here.Oral Advocates:For petitioner: Ann M. Sherman, Solicitor General, Lansing, Mich. For respondent: Lori Alvino McGill, Charlottesville, Va.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Oklahoma v. EPA | Date Decided: 6/18/25 | Case No. 23–1067 This case was consolidated with: Pacificorp V. EPA, Case No. 23-1067.Link to Docket: Here.Background:Under the Clean Air Act, each state must adopt an implementation plan to meet national standards, which EPA then reviews for compliance with the Act. In 2023, EPA published disapprovals of 21 states' plans implementing national ozone standards. It did so in a single Federal Register notice. The Act specifies that "[a] petition for review of the [EPA's] action in approving or promulgating any implementation plan ... or any other final action of the [EPA] under this Act ... which is locally or regionally applicable may be filed only in" the appropriate regional circuit, while "nationally applicable regulations ... may be filed only in" the D.C. Circuit. 42 U.S.C. § 7607(b)(1). Parties from a dozen states sought judicial review of their respective state plan disapprovals in their appropriate regional circuits. The Fourth, Fifth, Sixth, and Eighth Circuits held that the implementation plan disapprovals of states within those circuits are appropriately challenged in their respective regional courts of appeals. In the decision below, the Tenth Circuit held that challenges to the disapprovals of Oklahoma's and Utah's plans can only be brought in the D.C. Circuit, explicitly disagreeing with the decisions of its sister circuits. Questions Presented:Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.Whether the Environmental Protection Agency's disapproval of a State Implementation Plan may only be challenged in the D.C. Circuit under 42 U.S.C. § 7607 (b)(1) if EPA packages that disapproval with disapprovals of other States' SIPs and purports to use a consistent method in evaluating the state-specific determinations in those SIPs.Holding: EPA's disapprovals of the Oklahoma and Utah SIPs are locally or regionally applicable actions reviewable in a regional Circuit.Result: Reversed. Voting Breakdown: 9-0. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, Barrett and Jackson joined. Justice Gorsuch filed an opinion concurring in the judgment in which Chief Justice Roberts joined.Link to Opinion: Here.Oral Advocates:For Petitioners in 23-1067: Mithun Mansinghani, Oklahoma City, Okla. For Petitioners in 23-1068: Misha Tseytlin, Chicago, Ill. For Respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: EPA v. Calumet Shreveport Refining, L.L.C. | Date Decided: 6/18/25 | Case No. 23–1229 Link to Docket: Here.Question Presented: Holding: EPA's denials of small refinery exemption petitions are locally or regionally applicable actions that fall within the "nationwide scope or effect" exception, requiring venue in the D.C. Circuit.Result: Vacated and remanded.Voting Breakdown: 7-2. Justice Thomas delivered the opinion of the Court, in which Justices Alito, Sotomayor, Kagan, Kavanaugh, Barrett and Jackson joined. Justice Gorsuch filed a dissenting opinion in which Chief Justice Roberts joined.Link to Opinion: Here.Oral Advocates:For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Growth Energy and Renewable Fuels Association in support of petitioner: Seth P. Waxman, Washington, D. C. For respondents Calumet Shreveport Refining, L.L.C., et al.: Michael R. Huston, Phoenix, Ariz.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:

Opinion Summary: NRC v. Texas | Date Decided: 6/18/25 | Case No. 23–1300 This case was consolidated with: Interim Storage Partners, LLC V. Texas, Case No. 23-1312.Link to Docket: Here.Questions Presented:Whether the Hobbs Act, 28 U.S.C. 2341 et seq., which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court of appeals, 28 U.S.C. 2344, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency's statutory authority.Whether the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101 et seq., permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.(For Interim Storage Partners, LLC) Whether the Nuclear Regulatory Commission's exercise of authority to issue a license to a private party to temporarily possess spent nuclear fuel at a location away from an operating nuclear power reactor was lawful under the applicable statutes (as the D.C. and Tenth Circuits have held) or not (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case). Whether, notwithstanding an allegation of "ultra vires" agency action, a person must take steps to become a "party" to an agency proceeding under the Hobbs Act, 28 U.S.C. 2344, in order to then subsequently challenge the agency action resulting from that proceeding in court (as the Second, Seventh, Tenth, and Eleventh Circuits have held), or whether an allegation of "ultra vires" agency action can override statutory limitations on jurisdiction (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case).Holding: Because Texas and Fasken were not parties to the Commission's licensing proceeding, they are not entitled to obtain judicial review of the Commission's licensing decision.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Kavanaugh delivered the opinion of the court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Barrett and Jackson joined. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.Link to Opinion: Here.Oral Advocates:For petitioners in 23-1300: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioner in 23-1312: Brad Fagg, Washington, D. C. For respondents Texas, et al.: Aaron L. Nielson, Solicitor General, Austin, Tex.For respondent Fasken Land and Minerals, Ltd.: David C. Frederick, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

In this episode, we analyze the Supreme Court's recent activities across three key areas:Six near unanimous decisions released on June 12th, 2025Two major cases granted certiorari via June 16th, 2025 OrderIn this episode, we analyze the Supreme Court's recent activities across three key areas:Term statistics and remaining docket overviewSix decisions released on June 12th, 2025Two major cases granted certiorari via June 16th, 2025 Order2024 Term StatisticsTotal cases heard: 62 unique cases this termCases decided: 41 (approximately 66%)Cases pending: 21 (approximately 33%)Methodology: Consolidated cases counted once (e.g., Trump v. CASA/Washington/New Jersey)Timing significance: June typically brings most consequential decisionsKey Observations from June 12th, 2025 DecisionsObservation #1: Unanimity Reigned Supreme. June 12th consensus: 4 unanimous (9-0) decisions, 2 near-unanimous (8-1) decisions. Two-week pattern: 9 unanimous decisions and 3 8-1 splits out of 12 total case. Historical context: Must go back 15 opinions to find more than 2 dissents (May 22nd Oklahoma Charter School case). Full-term data: 29 of 41 decided cases unanimous or near-unanimous (71% consensus)Observation #2: Opinion Assignments Tell a Story. Recent distribution: 8 of 9 justices wrote majority opinions in past two weeks; Justice Kavanaugh who wrote sole opinion the week before)Observation #3: Speed Suggests Strategic Docket Management. Rapid turnaround: 6-10 weeks from oral argument to decision. Contrast with pending cases: U.S. v. Skrmetti (transgender medical care): 6+ months since December 4th argument; Hewitt v. United States (First Step Act): pending since January 13th; and Stanley v. City of Sanford (ADA): pending since January 13th.Observation #4: Uncle Sam Had a Bad Day. Government losses: 5 of 6 cases involved citizens vs. government agencies. Case types: FBI raid victims, disabled student vs. school district, veterans vs. benefits administration, prisoner vs. federal procedures, taxpayer vs. IRS. Pattern: Court prioritizing individual redress against institutional power. Only government win: Rivers v. Guerrero, which involved stricter habeas petition standards.Observation #5: The Court as Error Corrector. Reversal rate: 10 of 12 cases vacated or reversed (83%). Term comparison: Higher than overall 66% reversal rate. "Kick it back" approach: Court often vacates with instructions rather than final resolutionObservation #6: Roberts' Perfect Record. Chief Justice pattern: 41 cases, 41 majority opinions joined. Zero concurrences, zero dissents. Contrast with other justices:Justice Thomas: 5 dissents, Justice Gorsuch: 4 dissents (including both June 12th dissents) and Justice Jackson: 3 dissents authored, 1 joined.June 16th, 2025 Certiorari Grants1. First Choice Women's Resource Centers v. Matthew Platkin | Case No. 24-781 | Docket Link: Here. Question Presented: Where the subject of a state investigatory demand has established a reasonably objective chill of its First Amendment rights, is a federal court in a first-filed action deprived of jurisdiction because those rights must be adjudicated in state court?Key Facts:New Jersey Attorney General issued civil investigatory subpoena to faith-based pregnancy centerSubpoena sought donor identities, medical claims, operational practicesFirst Choice filed federal § 1983 lawsuit two days before compliance deadlineComplex parallel litigation in federal and state courtsPetitioner's Arguments:Circuit split: Fifth Circuit bars pre-enforcement challenges vs. Ninth Circuit allows when showing objective chillConcrete injury through chilling of First Amendment association/speech rights§ 1983 guarantees federal forum; state court requirement creates "preclusion trap"Respondent's Arguments:No circuit split—Third Circuit decision was fact-specificCase presents unique procedural complications unsuitable for broad resolutionClaims too speculative under Article III ripeness doctrineStakes: Federal court access for constitutional challenges to state investigations2. Chevron USA Inc. v. Plaquemines Parish, Louisiana | Case No. 24-813 | Docket Link: Here.Questions Presented:Whether a causal-nexus or contractual direction test survives the 2011 amendment to the federal-officer removal statuteWhether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contractKey Facts:Louisiana parishes sued oil companies for environmental harm from WWII-era crude oil productionCompanies sought federal officer removal based on WWII contracts to supply high-octane aviation gasolineFifth Circuit found companies satisfied "acting under" requirement but failed "relating to" requirementMajority required explicit contractual directive about challenged conductPetitioner's Arguments:Fifth Circuit improperly required "explicit directive" in federal contractsCircuit split on federal officer removal standardsVertically integrated operations inherently connected crude production to federally-mandated refinementRespondent's Arguments:No circuit conflict—decision was fact-specific, unpublishedFederal crude oil allocation program "severed" connection by allowing open market purchasesContracts contained no directives about extraction methods or locationsStakes: Determines whether climate litigation stays in state court (plaintiff preference) or moves to federal court (defendant preference); potential impact on all pending climate casesSupport the PodcastIf you found this analysis helpful, please subscribe, rate, and share this podcast. Your support helps us continue providing in-depth Supreme Court coverage.Timestamps[00:00:00] Introduction[00:00:23] Decision Tally[00:01:25] 6-Pack of Observations: June 12th Opinions[00:09:52] June 16 Order List[00:10:26] Cert Grant: First Choice v. Platkin[00:13:36] Cert Grant: Chevron v. Plaquemines

Opinion Summary: A.J.T. v. Osseo Area Schools | Date Decided: 6/12/25 | Case No. 24–249 Link to Docket: Here.Background:Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Rehabilitation Act) require public entities and organizations that receive federal funding to provide reasonable accommodations for people with disabilities. In the decision below, the Eighth Circuit held that, for discrimination claims "based on educational services" brought by children with disabilities, these statutes are violated only if school officials acted with ''bad faith or gross misjudgment."That test squarely implicates an entrenched and acknowledged 5-2 circuit split over the standard governing such claims. It is also plainly mistaken on the merits: As the Eighth Circuit itself acknowledged, the test lacks "any anchor in statutory text," App.5a n.2, and it arbitrarily departs from the more lenient standards that all courts-including the Eighth Circuit-apply to ADA and Rehabilitation Act claims brought by plaintiffs outside the school setting. Question Presented: Whether the ADA and Rehabilitation Act require children with disabilities to satisfy a uniquely stringent "bad faith or gross misjudgment" standard when seeking relief for discrimination relating to their education.Holding: Schoolchildren bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of "bad faith or gross misjudgment" but instead are subject to the same standards that apply in other disability discrimination contexts.Result: Vacated and remanded. Voting Breakdown: 9-0. Chief Justice Roberts delivered the opinion for a unanimous Court. Justice Thomas filed a concurring opinion, in which Justice Kavanaugh joined. Justice Sotomayor filed a concurring opinion, in which Justice Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioner: Roman Martinez For the United States, as Amicus Curiae: Nicole F. Reaves, Assistant to the Solicitor GeneralFor Respondents: Lisa S. BlattWebsite Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Soto v. United States | Date Decided: 6/12/25 | Case No. 24-320 Link to Docket: Here.Question Presented: Holding: Result: Voting Breakdown: Link to Opinion: Here.Oral Advocates:For Petitioner:For Respondent:Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Martin v. United States | Date Decided: 6/12/25 | Case No. 24–362 Link to Docket: Here.Background:Petitioners are the innocent victims of a wrong-house raid conducted by an FBI SWAT team in Atlanta, Georgia. Seeking a remedy for torts committed against them, Petitioners brought a cause of action against the United States under the Federal Tort Claims Act. In its opinion below, the Eleventh Circuit held that all of Petitioners' FTCA claims are barred by sovereign immunity supplied either through the Constitution's Supremacy Clause or the FTCA's discretionary-function exception. In one or more ways, the opinion below conflicts with decisions from every other circuit. Questions Presented: Whether the Constitution's Supremacy Clause bars claims under the FTCA-a federal statute enacted by Congress-when the negligent or wrongful acts of federal employees have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law. Whether the FTCA's discretionary-function exception bars claims for torts arising from wrong-house raids and similar negligent or wrongful acts by federal employees.Holdings:The law enforcement proviso in Section 2680(h) overrides only the intentional-tort exception in that subsection, not the discretionary-function exception or other exceptions throughout Section 2680.The Supremacy Clause does not afford the United States a defense in FTCA suits.On remand, the Eleventh Circuit should consider whether subsection (a)'s discretionary-function exception bars either the plaintiffs' negligent- or intentional-tort claims—undertaking that assessment without reference to the mistaken view that the law enforcement proviso applies to subsection (a). Result: Vacated and remanded.Voting Breakdown: 9-0. Justice Gorsuch delivered the opinion for a unanimous Court. Justice Sotomayor filed a concurring opinion, in which Justice Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioners: Patrick M. JaicomoFor Respondents: Frederick Liu, Assistant to the Solicitor GeneralFor Court-Appointed Amicus Curiae in Support of Judgment Below on Question 1: Christopher E. MillsWebsite Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:

Opinion Summary: Rivers v. Guerrero | Date Decided: 6/12/25 | Case No. 23-1345 Link to Docket: Here.Background:Under the federal habeas statute, a prisoner "always gets one chance to bring a federal habeas challenge to his conviction," Banister v. Davis, 590 U.S. 504, 509 (2020). After that, the stringent gatekeeping requirements of 28 U.S.C. § 2244(b)(2) bar nearly all attempts to file a "second or successive habeas corpus application." Here, petitioner sought to amend his initial habeas application while it was pending on appeal. The Fifth Circuit applied § 2244(b)(2) and rejected the amended filing. The circuits are intractably split on whether § 2244(b)(2) applies to such filings. The Fifth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits hold that § 2244(b)(2) categorically applies to all second-in-time habeas filings made after the district court enters final judgment. The Second Circuit disagrees, applying § 2244(b)(2) only after a petitioner exhausts appellate review of his initial petition. And the Third and Tenth Circuits exempt some second-in-time filings from § 2244(b)(2), depending on whether a prisoner prevails on his initial appeal (Third Circuit) or satisfies a seven-factor test (Tenth Circuit). Question Presented: Whether § 2244(b)(2) applies (i) only to habeas filings made after a prisoner has exhausted appellate review of his first petition, (ii) to all second-in-time habeas filings after final judgment, or (iii) to some second-in-time filings, depending on a prisoner's success on appeal or ability to satisfy a seven-factor test.Holding: Once a district court enters its judgment with respect to a first-filed habeas petition, a second-in-time filing qualifies as a "second or successive application" properly subject to the requirements of Section 2244(b).Result: Affirmed.Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous court. There were no concurring opinions.Link to Opinion: Here.Oral Advocates:For Petitioner: Peter A. Bruland, Washington, D.C. For Respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Parrish v. United States | Date Decided: 6/12/25 | Case No. 24–275 Link to Docket: Here.Background:Ordinarily, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment. 28 U.S.C. § 2107(a)-(b). Under 28 U.S.C. § 2107(c) and Fed. R. App. P. 4(a)(6), however, district courts can reopen an expired appeal period when a party did not receive timely notice of the judgment. The Courts of Appeals have divided about whether a notice of appeal filed after the expiration of the ordinary appeal period but before the appeal period is reopened becomes effective once reopening is granted. Holding: A litigant who files a notice of appeal after the original appeal deadline but before the court grants reopening need not file a second notice after reopening. The original notice relates forward to the date reopening is granted.Result: Reversed and remanded.Voting Breakdown: 8-1. Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Kagan, Kavanaugh and Barrett joined. Justice Jackson filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Gorsuch filed a dissenting opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Amanda Rice, Detroit, Mich. For respondent in support of petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Court-appointed amicus curiae in support of judgment below: Michael R. Huston, Phoenix, Ariz.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Commissioner of Internal Revenue v. Zuch | Date Decided: 6/12/25 | Case No. 24–416 Link to Docket: Here.Question Presented: Whether a proceeding under 26 U.S.C. 6330 for a pre-deprivation determination about a levy proposed by the Internal Revenue Service to collect unpaid taxes becomes moot when there is no longer a live dispute over the proposed levy that gave rise to the proceeding.Holding: The Tax Court lacks jurisdiction under Section 6330 to resolve disputes between a taxpayer and the IRS when the IRS is no longer pursuing a levy.Result: Reversed and remanded.Voting Breakdown: 8-1. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh and Jackson joined. Justice Gorsuch filed a dissenting opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For respondent: Shay Dvoretzky, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Supreme Court Roundup: Decisions, Emergency Actions, and New GrantsIn this episode, we analyze the Supreme Court's recent activities across three key areas:Six unanimous decisions released on June 5th, 2025Two significant emergency docket interventions involving DOGEThree major cases granted certiorari via June 6th, 2025 OrderJune 5, 2025 Unanimous DecisionsRemarkable consensus: 5 unanimous decisions, 1 8-1 dismissalStrategic clearing of non-controversial cases with 30 contentious cases pendingJustice Thomas's concurrences in 5 of 6 cases challenging judge-made doctrinesHeavy focus on procedural rules as proxies for deeper policy debatesEmergency Docket Actions1. U.S. DOGE Service v. CREW: Court limits discovery of internal executive communicationsCourt orders narrowing of discovery rather than outright prohibitionDecision based on separation of powers principlesJustices Sotomayor, Kagan, and Jackson dissented2. Social Security Administration v. AFSCME: Court allows DOGE access to sensitive SSA recordsJustice Jackson's forceful dissent highlighting privacy concernsLower courts' compromise solution rejected by majorityConcerns about disclosure of personal data without legal determinationCertiorari Grants1. Coney Island Auto Parts v. Burton | Case No. 24-808Docket Link: HereQuestion Presented: Whether a motion to vacate a void judgment under Rule 60(b)(4) must be filed within a "reasonable time"Key Facts: Coney Island claims improper service six years after default judgmentPetitioner's Argument: Void judgments are legal nullities from the start; no time limit should applyRespondent's Argument: Rule 60(c)(1) explicitly requires "reasonable time" with no exceptionsStakes: Balance between jurisdictional principles and need for legal finality2. Rutherford v. United States | Case No. 24-820 (Consolidated with Carter v. United States | Case No. 24-860)Docket Link: HereQuestion Presented: Whether the Sentencing Commission exceeded its authority in allowing courts to consider non-retroactive changes in law as "extraordinary and compelling reasons" for sentence reductionKey Fact: Carter received 70-year sentence under pre-First Step Act "stacking" provisions that would result in much shorter sentence todayPetitioner's Argument: Commission has broad authority to define "extraordinary and compelling reasons"; gross disparities qualifyGovernment's Argument: Commission can't circumvent Congress's decision not to make First Step Act retroactiveStakes: Potential relief for hundreds of federal prisoners serving lengthy "stacked" sentences3. Hamm v. Smith | Case No. 24-872Docket Link: HereQuestion Presented: How courts should apply the clinical definition of intellectual disability when all IQ scores are above 70Key Fact: Smith has five IQ scores (75, 74, 72, 78, 74) all above 70 but significant adaptive deficitsPetitioner's Argument: Multiple IQ scores above 70 should preclude intellectual disability finding; states should be able to require proof of IQ ≤70Respondent's Argument: Supreme Court precedent requires considering standard error of measurement and adaptive functioning when scores are in 70-75 rangeStakes: Implementation of Atkins prohibition on executing intellectually disabled individuals; states' authority to define intellectual disability criteriaSupport the PodcastIf you found this analysis helpful, please subscribe, rate, and share this podcast. Your support helps us continue providing in-depth Supreme Court coverage.

Opinion Summary: Laboratory Corp. of America Holdings v. Davis | Date Decided: 6/5/25 | Case No. 24–304 In this episode, I breakdown the dismissal, Justice Kavanaugh's dissent and theories for the dismissal. Link to Docket: Here.Question Presented: Whether a federal court may certify a class action when some of its members lack any Article III injury.Result: Dismissed as improvidently granted. Voting Breakdown: 8-1. Per Curiam decision.  Justice Kavanaugh filed a dissenting opinion.Link to Opinion: Here.Oral Advocates:For Petitioner: Noel J. FranciscoFor United States, as Amicus Curiae: Sopan Joshi, Assistant to the Solicitor General For Respondents: Deepak GuptaWebsite Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos | Date Decided: 6/5/25 | Case No. 23–1141 Link to Docket: Here.Background:The Mexican Government sued leading members of the American firearms industry, seeking to hold them liable for harms inflicted by Mexican drug cartels. According to Mexico, America's firearms companies have engaged in a series of business practices for decades-from selling semi-automatic rifles, to making magazines that hold over ten rounds, to failing to impose various sales restrictions-that have created a supply of firearms later smuggled across the border and ultimately used by the cartels to commit crimes. Mexico asks for billions of dollars in damages, plus extensive injunctive relief imposing new gun-control measures in the United States. The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products. But the First Circuit reversed. It held that PLCAA does not bar this suit because Mexico stated a claim that defendants' business practices have aided and abetted firearms trafficking to the cartels, proximately harming the Mexican government. Questions Presented:Whether the production and sale of firearms in the United States is the "proximate cause" of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico. Whether the production and sale of firearms in the United States amounts to "aiding and abetting" illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.Holding: Because Mexico’s complaint does not plausibly allege that the defendant gun manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers, PLCAA bars the lawsuit.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justice Thomas and Justice Jackson each filed concurring opinions.Link to Opinion: Here.Oral Advocates:For petitioners: Noel J. Francisco, Washington, D.C. For respondent: Catherine E. Stetson, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:

Opinion Summary: Catholic Charities Bureau, Inc. v. Wisconsin Labor and Industry Review Comm’n. | Date Decided: 6/5/25 | Case No. 24–154 Link to Docket: Here.Question Presented: Holding: The Wisconsin Supreme Court’s application of § 108.02(15)(h)(2) to petitioners violates the First Amendment.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous Court.  Justices Thomas and Jackson each filed concurring opinions.Link to Opinion: Here.Oral Advocates:For Petitioner:For Respondent:Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:

Opinion Summary: CC/Devas (Mauritius) Ltd. v. Antrix Corp. | Date Decided: 6/5/25 | Case No. 23–1201 This case was consolidated with: Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., Case No. 24-17.Link to Docket: Here.Questions Presented:Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act.The question presented in Antrix Corp. Ltd. is: Under the Foreign Sovereign Immunities Act, "[p]ersonal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title." 28 U.S.C. § 1330(b).Host Note: Consolidated with: Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., Case No. 24-17Holding: Personal jurisdiction exists under the FSIA when an immunity exception applies and service is proper. The FSIA does not require proof of “minimum contacts” over and above the contacts already required by the Act’s enumerated exceptions to foreign sovereign immunity.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Alito delivered the opinion for a unanimous Court.Link to Opinion: Here.Oral Advocates:For petitioner in 24-17: Aaron Streett, Houston, Tex. For petitioners in 23-1201: Matthew D. McGill, Washington, D.C. For United States, as amicus curiae supporting petitioners: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D.C. For respondents: Carter G. Phillips, Washington, D. C. Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:

Opinion Summary: BLOM Bank SAL v. Honickman| Date Decided: 6/5/25 | Case No. 23–1259 Link to Docket: Here.Background:For more than 70 years, this Court has "required a movant seeking relief under Rule 60(b)(6)" of the Federal Rules of Civil Procedure "to show 'extraordinary circumstances' justifying the reopening of a final judgment." Gonzalez v. Crosby, 545 U.S. 524, 535 (2005) (quoting Ackermann v. United States, 340 U.S. 193, 199 (1950)). This Court has also stressed that a movant must be "faultless" to obtain relief. Pioneer Inv. Servs. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 393 (1993). "This very strict interpretation of Rule 60(b) is essential if the finality of judgments is to be preserved." Gonzalez, 545 U.S. at 535 (cleaned up). In this case, Respondents declined multiple invitations and opportunities to amend their complaint. The District Court then dismissed their complaint with prejudice, and the Second Circuit affirmed. Only then did Respondents move to vacate the judgment so they could file an amended complaint. The District Court denied the motion under Rule 60(b)(6)'s well-settled standard. But the Second Circuit reversed, based on an unprecedented "balanc[ing]" test that requires district courts to consider Rule 15(a)'s "liberal pleading principles" when addressing a Rule 60 (b)(6) motion to reopen a judgment for the purpose of filing an amended complaint. Question Presented: Whether Rule 60(b)(6)'s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint.Holding: Relief under Rule 60(b)(6) requires extraordinary circumstances, and this standard does not become less demanding when the movant seeks to reopen a case to amend a complaint. A party must first satisfy Rule 60(b) before Rule 15(a)’s liberal amendment standard can apply.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Thomas delivered the opinion of the Court, in which Chief Justice Robers and Justices Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Kavanaugh and Barrett joined and in which Justice Jackson joined in all parts but Part III. Justice Jackson filed an opinion concurring in part and concurring in the judgment.Link to Opinion: Here.Oral Advocates:For petitioner: Michael H. McGinley, Washington, D. C.For respondents: Michael J. Radine, Hackensack, N.J.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Opinion Summary: Ames v. OH Dept. of Youth Services | Case No. 23-1039 | Date Decided: 6/5/25 In this episode, we'll Ames versus Ohio Department of Youth Services, Case Number 23–1039. I'll walk through the opinion, give my thoughts on case implications and also compare how the oral arguments compared and contrasted to the ultimate opinions. Spoiler alert: oral arguments heavily forecasted the results.Link to Docket: Here.Question Presented: Whether, in addition to pleading the other elements of Title VII, a majority-group plaintiff must show "background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority." Holding: The Sixth Circuit’s “background circumstances” rule—which re¬quires members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim—cannot be squared with the text of Title VII or the Court’s precedents.Result: Vacated and remanded.Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous Court. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined.Link to Opinion: Here.Oral Advocates:For petitioner: Xiao Wang, Charlottesville, Va.; and Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: T. Elliot Gaiser, Solicitor General, Columbus, Ohio.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:

Guns, Warrantless Home Searches, and Ballot Boxes: Inside the Supreme Court's June 2nd Order List In this episode of Supreme Court Oral Arguments and Opinions, I break down the Court's June 2, 2025 Order List, focusing on several cases that touch on fundamental constitutional questions affecting Americans' daily lives. The episode examines four cases where the Court granted certiorari and two denied cases that sparked passionate written dissents.Cases Granted Review: 1. Bost v. Illinois Board of Elections | Case No. 24-568 | Docket Link: Here.Question: Do federal candidates have standing to challenge state laws allowing ballots to be counted after Election Day?Background: Stems from a lawsuit by Congressman Michael Bost and two Republican Presidential Elector Nominees involving a challenge to Illinois' law that allows mail-in ballots to be received and counted up to fourteen days after Election Day.Implications: Could affect how mail-in ballots are processed in federal elections across more than half the states2. Case v. Montana | Case No. 24-624 | Docket Link: Here. Question: Do police need probable cause or only reasonable suspicion to enter homes without a warrant during emergencies?Background: Stems from a welfare check that resulted in William Trevor Case being shot by police and later convicted of assaulting a peace officerImplications: Will clarify Fourth Amendment standards for warrantless home entries during potential emergencies3. GEO Group, Inc. v. Menocal | Case No. 24-758 | Docket Link: Here.Question: Can government contractors immediately appeal denials of derivative sovereign immunity claims?Background: Involves allegations that a private detention center operator forced detainees to clean common areas and paid only $1.00 per day for voluntary workImplications: Will affect litigation risks for companies contracting with the government in sensitive areas4. Hencely v. Fluor Corp. | Case No. 24-924 | Docket Link: Here.Question: Does federal law preempt state tort claims against military contractors in war zones?Background: Arises from a 2016 suicide bombing at Bagram Airfield in Afghanistan that severely injured a U.S. Army specialistImplications: Billions in potential liability for military contractors and access to remedies for injured service membersNotable Cert Denials:1. Nicholson v. W.L. York | Case No. 23–7490Issue: When does the statute of limitations restart for repeated acts of racial discrimination?Dissent: Justice Jackson, joined by Justice Sotomayor, argued that each discriminatory act should start a new limitations clockSignificance: Affects when victims of ongoing discrimination can bring legal claims2. Snope v. Brown | Case No. 24–203Issue: Does Maryland's ban on AR-15s and similar semi-automatic rifles violate the Second Amendment?Statement: Justice Kavanaugh noted AR-15s' common use but supported further percolationDissent: Justice Thomas forcefully dissented, arguing the ban is unconstitutionalImplications: Maintains state-by-state variations in assault weapons regulations while suggesting the Court may address the issue in coming termsTimestamps:00:00:00 Introduction00:01:26  Cert Granted: Bost v. Illinois Board of Elections00:03:39 Cert Granted: Case v. Montana00:06:59 Cert Granted: GEO Group v. Menocal00:08:48 Cert Grant: Hencely v. Fluor Corp.00:10:35 Cert Denied: Nicholson v. W.L. York00:12:04 Cert Denied: Snope v. Brown00:16:30 Conclusion

Emergency Docket Order Summary: Noem v. Doe | Order Date: 5/30/25 | Case No. 24A1079 Link to Docket: Here.Question Presented: Whether the Supreme Court should stay the April 15, 2025 order entered by the United States District Court for the District of Massachusetts pending appeal to the U.S. Court of Appeals for the First Circuit and any further proceedings in this Court.The central issue in this case is whether the Secretary of Homeland Security lawfully terminated the CHNV parole program and the existing parole status of approximately half a million individuals through a single Federal Register Notice, or if this en masse termination exceeded the Secretary's authority and violated statutory requirements for case-by-case assessment and proper legal reasoning. Decision: Stay granted. The Supreme Court granted the application and stayed the district court order. This means that DHS can terminate the lawful status of all CHNV parolees and proceed to remove them pursuant to law. Link to Opinion: Here.

Reading the Eagle County Tea Leaves: How the Justices' Oral Argument Questions Foreshadowed Their Opinions This episode of SCOTUS Oral Arguments and Opinions delves into the case of Seven County Infrastructure Coalition versus Eagle County, decided on May 29, 2025. The episode compares and contrasts the oral arguments and written opinions of Justices Kavanaugh and Sotomayor. Justice Kavanaugh's majority opinion emphasized broad judicial deference to federal agencies and the economic impact of extensive environmental reviews. In contrast, Justice Sotomayor's concurrence focused on the narrow legal authority under federal transportation law. The episode highlights how Justices Barrett and Jackson influenced the written opinions despite not penning their own separate analyses. Overall, it explores how this oral arguments predicted judicial outcomes.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:00:00 Introduction to the Case01:39 Justice Kavanaugh's Majority Opinion05:58 Justice Sotomayor's Concurrence08:32 Influence of Other Justices11:47 Conclusion and Final Thoughts

Opinion Summary: Seven County Infrastructure Coalition v. Eagle County | Date Decided: 5/29/25 | Case No. 23–975 Link to Docket: Here.Question Presented: Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.Holding: The D.C. Circuit failed to afford the Board the substantial judicial deference required in NEPA cases and incorrectly interpreted NEPA to require the Board to consider the environmental effects of upstream and downstream projects that are separate in time or place from the Uinta Basin Railway.Result: Reversed and remanded.Voting Breakdown: 8-0. Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito and Barrett joined. Justice Sotomayor filed an opinion concurring in the judgment, in which Justices Kagan and Jackson joined. Justice Gorsuch took no part in the consideration or decision of the case.Link to Opinion: Here.Oral Advocates:For Petitioner: Paul D. Clement, Alexandria, Va. For federal respondents supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.For respondents Eagle County, et al.: William M. Jay, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:[00:00:00] Introduction[00:02:10] Question Presented[00:03:04] Voting Breakdown[00:03:32] Justice Kavanaugh's Majority Opinion[00:09:56] Justice Sotomayor's Concurring Opinion[00:21:22] Case Implications

L. M. v. Middleborough, Petitioner v. United States, et al. | Decision Date: 5/27/25 | Case No. 24-410Link to Docket: Here.Question Presented: Whether school officials may presume substantial disruption or a violation of the rights of others from a student’s silent, passive, and untargeted ideological speech simply because that speech relates to matters of personal identity, even when the speech responds to the school’s opposing views, actions, or policies.Result: Denial of certiorari.Voting Breakdown: 7-2. Justices Thomas and Alito dissented from the denial of certiorari.Link to Decision: Here.

Apache Stronghold, Petitioner v. United States, et al. | Order Date: 5/23/25 | Case No. 24-291Link to Docket: Here.Question Presented: Whether the government “substantially burdens” religious exercise under the Religious Freedom Restoration Act ("RFRA"), or must satisfy heightened scrutiny under the Free Exercise Clause, when it singles out a sacred site for complete physical destruction, ending specific religious rituals forever.Result: Denial of certiorari.Voting Breakdown: 6-2. Justice Gorsuch with whom Justice Thomas joined, dissented from the denial of certiorari.Link to Decision: Here.

Order Summary: Trump v. Wilcox | Order Date: 5/22/25 | Case No. 24A966 This case comes from the Emergency Docket.Link to Docket: Here.Question Presented: Whether the Supreme Court should stay the judgments issued by the U.S. District Court for the District of Columbia pending appeal to the U.S. Court of Appeals for the D.C. Circuit and any further proceedings in this Court. The underlying case involves the questions of whether the President may remove without cause members of the National Labor Relations Board and Merit Systems Protection Board, or whether statutory for-cause removal protections for these agency heads violate the President's constitutional authority under Article II to supervise and control officers who exercise executive power on his behalf.Holding: The Court granted the stay application. The lower court decisions are on hold until the case fully resolves.Result: The Justices did not sign the order. Justice Kagan filed a dissent from the grant of the stay application and was joined by along with Justices Sotomayor and Justice Jackson.Link to Opinion: Here.

I created this episode to highlight and contrast the Justices' questions and comments at oral argument to the written opinion in Kousisis.While all Justices agreed on rejecting the economic-loss requirement, their different concerns and questioning approaches during oral argument directly predicted the fragmented reasoning that would characterize their written opinions. The oral argument served as a laboratory for testing legal theories that would ultimately prove difficult to reconcile in a single coherent framework, explaining why this unanimous result required four separate opinions to express the Court's reasoning. Specifically:Justice Barrett used oral argument to test the coherence of competing legal standards, ultimately crafting a majority opinion that rejected petitioners' approach while leaving significant questions unresolved.Justice Thomas used his questioning to explore the specific regulatory context, leading to a concurrence focused on materiality as a limiting principle in DBE cases specifically.Justice Gorsuch consistently probed the boundaries between criminal and non-criminal conduct, resulting in a concurrence defending traditional common-law limitations on fraud liability.Justice Sotomayor maintained focus on the specific case facts and narrow legal question, producing a concurrence that warns against broader doctrinal pronouncements.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Opinion Summary: Oklahoma Statewide Charter School Board v. Drummond | Case No. 24-394 | Date Decided: 5/22/25 Link to Docket: Here.Background: The Oklahoma Constitution requires Oklahoma to “establish[ ] and maint[ain] . . . a system of public schools, which shall be open to all the children of the state and free from sectarian control.” The Oklahoma Constitution also requires that [n]o public money . . . shall ever be appropriated . . . or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion . . . or sectarian institution.” Consistent with these constitutional mandates, the Oklahoma Legislature established a type of public school[] established by contract called a charter school. The Oklahoma Charter School Board established a public charter school that fully incorporates Catholic teachings into every aspect of the school, including its curriculum and co-curricular activities.Following the Board’s predecessor’s establishment of the aforementioned public charter school, the Oklahoma Attorney filed an original action with the Oklahoma Supreme Court to prevent the charter school from operating.The Oklahoma Supreme Court held that a state can exclude privately owned and operated religious charter schools from its charter-school program by enforcing state-law bans on "sectarian" and religiously affiliated charter schools. The court also held that a charter school engages in state action for constitutional purposes when it contracts with the state to provide publicly funded education. Questions Presented:Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.Holding: The entire opinion reads: "The judgment is affirmed by an equally divided Court."Result: Affirmed.Voting Breakdown: 4-4. Per Curiam Opinion.Link to Opinion: Here.Oral Advocates:For Petitioners in 24-394: James A. Campbell, Lansdowne, Va. For Petitioner in 24-396: Michael H. McGinley, Washington, D.C. For United States, as Amicus Curiae: D. John Sauer, Solicitor General, Department of Justice, Washington, D.C.For Respondent: Gregory G. Garre, Washington, D.C. Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:00:00 Introduction00:15 Question Presented00:53 Result01:05 Opinion01:10 Case Implications

Opinion Summary: Kousisis v. United States | Case No. 23-909 | Date Decided: 5/22/25 Link to Docket: Here.Questions Presented: Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme. Whether a sovereign's statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services. Whether all contract rights are "property."Holding: A defendant who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud even if the defendant did not seek to cause the victim economic loss.Result: Affirmed. Voting Breakdown: 9-0. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kagan, Kavanaugh and Jackson joined. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion con¬curring in part and concurring in the judgment. Justice Sotomayor filed an opinion concurring in the judgment.Link to Opinion: Here.Oral Advocates:For Petitioner: Jeffrey L. Fisher, Stanford, Cal. For Respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:00:00 Introduction 00:57 Justice Barrett’s Majority Opinion09:01 Justice Thomas’ Concurring Opinion15:22 Justice Gorsuch opinion concurring in part and concurring in the judgment24:27 Justice Sotomayor opinion concurring in the judgment00:29:52 Case Implications

Case Info: A.A.R.P. v. Trump, Case No. 24A1007 | Date Decided: 5/16/25Link to Docket: Here.Question Presented: Whether Venezuelan nationals detained as alleged members of a terrorist organization are entitled to constitutionally adequate notice and opportunity to challenge their removal before being deported under the Alien Enemies Act, and if so, what minimum notice requirements must the government provide to satisfy due process.Plain Language Breakdown: In this case, the Supreme Court decided that Venezuelan nationals detained by the government as alleged members of a terrorist organization must receive adequate notice before being removed from the United States under the Alien Enemies Act. The Court found that the District Court's inaction for over 14 hours constituted a constructive denial of the detainees' request for emergency relief, and that due process requires notice that allows detainees a meaningful opportunity to challenge their removal through habeas proceedings. The Court vacated the Fifth Circuit's dismissal of the appeal and granted an injunction preventing the government from removing class members until the Fifth Circuit could determine what level of notice is constitutionally required.Justice Kavanaugh concurred, agreeing with the temporary injunction but expressing a preference for the Supreme Court to resolve the critical legal issues promptly rather than remanding to lower courts. Justice Alito, joined by Justice Thomas, dissented, arguing that the Court lacked jurisdiction because the District Court's actions were reasonable given the circumstances and insufficient evidence was presented to prove imminent harm to the detainees; he also questioned whether class relief could be obtained in habeas proceedings and whether the requirements for class certification could be met in this case.Voting Details: The Supreme Court delivered a Per Curiam opinion. Justice Kavanaugh wrote a concurring opinion. Justice Alito wrote a dissenting opinion, with whom Justice Thomas joined.Link to Opinion: Here.Timestamps:00:00 Introduction and Plain Language Breakdown02:10 Summary of Per Curiam Opinion12:47 Summary of Justice Kavanaugh Concurring Opinion14:33 Summary of Justice Kavanaugh Dissenting Opinion

Here are some highlights from the Trump v. CASA, Inc. case heard on May 15, 2025.Justice Kagan and Justice Barrett went viral for their questions. Those portions begin around 09:17.Please see the oral argument episode for additional case details.As always, I welcome any feedback on the episode or podcast. Email: scotus.cases.pod@gmail.com.

Case Info: Trump, President of U.S. v. CASA, Inc. | Case No. 24A884 | Date Argued: 5/15/25Consolidation Note: The following cases were consolidated: (1) Trump, President of U.S. v. CASA, Inc., Case No. 24A884; (2) Trump, President of U.S. v. Washington, Case No. 24A885; and (3) Trump, President of U.S. v. New Jersey, Case No. 24A886.Parties: Applicants: United States and Federal OfficialsRespondents: (1) States and cities such as New Jersey, California, Delaware, Massachusetts, and the City and County of San Francisco; (2) Immigrant rights organizations such as CASA, Inc. and Asylum Seeker Advocacy Project, Inc; and (3) private individuals.Links to Docket: Here (Case No. 24A884); Here (Case No. 24A885); and Here (Case No. 24A886).Question Presented: Whether the Supreme Court should stay the district courts' nationwide preliminary injunctions on the Trump administration’s 1/20/25 executive order ending birthright citizenship except as to the individual plaintiffs and identified members of the organizational plaintiffs or states.Background:On January 20, 2025, President Trump issued an Executive Order regarding birthright citizenship. Section 1 of the Order recognizes that the Constitution and the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., confer citizenship upon all persons born in the United States and subject to the jurisdiction thereof. Specifically, the Fourteenth Amendment to the U.S. Constitution provides that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” U.S. Const. Amend. XIV, § 1. That provision, known as the Citizenship Clause, repudiated Dred Scott v. Sandford, 19 How. 393 (1857), which infamously misinterpreted the Constitution to deny U.S. citizenship to people of African descent based solely on their race. Congress has reaffirmed the Citizenship Clause in the INA, which provides that “a person born in the United States, and subject to the jurisdiction thereof,” is a citizen of the United States. 8 U.S.C. 1401(a). Section 1 of the Order identifies two circumstances in which a person born in the United States is not subject to its jurisdiction: “(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that 6 person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Citizenship Order § 1. Section 2 of the Order directs the Executive Branch (1) not to issue documents recognizing U.S. citizenship to the persons identified in Section 1 and (2) not to accept documents issued by state, local, or other governments purporting to recognize the U.S. citizenship of such persons. See Citizenship Order § 2(a). Section 2 specifies that those directives “apply only to persons who are born within the United States after 30 days from the date of this order,” i.e., after February 19. Id. § 2(b). Three district courts in Maryland, Massachusetts, and Washington have issued overlapping nationwide injunctions at the behest of 22 States, two organizations, and seven individuals. Those universal injunctions prohibit a Day 1 Executive Order from being enforced anywhere in the country, as to “hundreds of thousands” of unspecified individuals who are “not before the court nor identified by the court.” Three Circuit Courts of Appeals refused to limit the nationwide injunctions. Applicant's Position:The Solicitor General argues that universal injunctions have reached crisis levels, particularly since the start of the current Administration in 2025. The Solicitor General notes that district courts issued more universal injunctions and temporary restraining orders in February 2025 alone than through the first three years of the Biden Administration. The Solicitor General contends this trend prevents the Executive Branch from performing its constitutional functions before courts can fully examine the merits of those actions, and threatens to overwhelm the Supreme Court's emergency docket.The Solicitor General asserts that the universal injunctions in this case are particularly problematic because they extend to all 50 states and millions of aliens nationwide, even though tailored relief for the actual plaintiffs would fully address their alleged harms. The Solicitor General argues the injunctions were improperly granted to States that lack standing to raise Citizenship Clause claims, defying the principle that States may only assert their own rights, not those of third parties. Furthermore, the Solicitor General contends the injunctions improperly bar federal agencies from even developing implementation guidance, and the overlapping nature of multiple universal injunctions from different courts creates a "jurisdictionally messy" scenario where the government must prevail in multiple appeals to implement the Order anywhere.Respondents' Position:Respondents argue that this case presents a uniquely poor candidate for challenging universal injunctions. They emphasize that the Executive Order directly conflicts with binding Supreme Court precedent interpreting the Citizenship Clause, and the government notably does not even attempt to defend the Order's constitutionality in its emergency application. The Respondents contend that while emergency relief might be appropriate in some cases to limit the geographic scope of relief, it is not appropriate where the Supreme Court has already settled the precise constitutional question for the entire nation.Respondents also argue that the government failed to demonstrate any significant or irreparable harm that would justify emergency relief, let alone warrant contravening nationwide precedent. They point out that the injunctions merely protect a status quo regarding birthright citizenship that dates back to English common law and has existed throughout American history, except for the aberration of Dred Scott. Respondents emphasize that maintaining this status quo until the cases are resolved imposes no harm on the Executive Branch, while stripping hundreds of thousands of American-born children of their citizenship would inflict tremendous and irreparable harms on the States and the public.Oral Advocates:For Applicants: D. John Sauer, Solicitor General, Department of Justice, Washington, D.C. For State and City Respondents: Jeremy M. Feigenbaum, Solicitor General, Trenton, N.J. For Private Respondents: Kelsi B. Corkran, Washington, D.C. Timestamps: [00:00:00] Introduction[00:00:14] Applicant's Opening Statement Begins[00:02:13] Applicant Free for All Questions Begin[00:27:45] Applicant Sequential Questions Begin[01:03:17] Applicant Questions End, Respondent (State and City) Opening Statement Begins[01:05:25] Respondent (State and City) Free for All Questions Begin[01:19:03] Respondent (State and City) Sequential Questions Begin[01:43:37] Respondent (State and City) Questions End, Respondent (Private) Opening Statement Begins[01:44:56] Respondent (Private) Free for All Questions Begin[02:00:10] Respondent (Private) Sequential Questions Begin[02:13:40] Respondent (Private) Questions End, Applicant Rebuttal Begins

Case Info: Barnes v. Felix | Case No. 23-1239 | Date Argued: 1/22/25 | Date Decided: 5/15/25Link to Docket: Here.Background:The Fourth Amendment prohibits a police officer from using "unreasonable" force. U.S. Const. amend. IV. In Graham v. Connor, this Court held that reasonableness depends on "the totality of the circumstances." 490 U.S. 386, 396 (1989) (quotation marks omitted). But four circuits-the Second, Fourth, Fifth, and Eighth-cabin Graham. Those circuits evaluate whether a Fourth Amendment violation occurred under the "moment of the threat doctrine," which evaluates the reasonableness of an officer's actions only in the narrow window when the officer's safety was threatened, and not based on events that precede the moment of the threat. In contrast, eight circuits-the First, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits-reject the moment of the threat doctrine and follow the totality of the circumstances approach, including evaluating the officer's actions leading up to the use of force. In the decision below, Judge Higginbotham concurred in his own majority opinion, explaining that the minority approach "lessens the Fourth Amendment's protection of the American public" and calling on this Court "to resolve the circuit divide over the application of a doctrine deployed daily across this country." Pet. App. 10a-16a (Higginbotham, J., concurring). Question Presented: Whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment.Holding: A claim that a law enforcement officer used excessive force during a stop or arrest is analyzed under the Fourth Amendment, which re­quires that the force deployed be objectively reasonable from the per­spective of a reasonable officer at the scene. The inquiry into the reasonableness of police force re­quires analyzing the totality of the circumstances. That analysis demands careful attention to the facts and circum­stances relating to the incident. Most notable here, the totality of the circumstances inquiry has no time limit.Result: Vacated and remanded.Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justice Kavanaugh filed a concurring opinion, in which Justices Thomas, Alito, and Barrett joined.Link to Opinion: Here.Oral Advocates:For Petitioner: Nathaniel A.G. Zelinsky, Washington, D. C.; and Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For Respondents: Charles L. McCloud, Washington, D. C.; and Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex. (for Texas, et al., as amici curiae.)Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here. Timestamps:[00:00] Introduction[00:38] Justice Kagan Unanimous Opinion[04:35] Justice Kavanaugh Concurring Opinion[10:12] Case Implications

In Memoriam: A Reflection on the Remarkable Journey of Justice David SouterEpisode OverviewIn this special memorial episode, we discuss the remarkable life and judicial career of Justice David H. Souter, a Supreme Court Justice who defied political expectations and remained committed to principled jurisprudence.Key HighlightsBorn: September 17, 1939 in Melrose, MassachusettsAppointed to Supreme Court: 1990 by President George H.W. BushRetired: 2009 (succeeded by Justice Sotomayor)Passed Away: May 8, 2025Notable Career MilestonesRhodes Scholar at Oxford UniversityNew Hampshire Attorney GeneralAssociate Justice of New Hampshire Supreme CourtJudge on the First Circuit Court of AppealsSupreme Court Justice (1990-2009)Landmark Cases Discussed1. Planned Parenthood v. Casey (1992) (Opinion Here)Co-authored opinion affirming Roe v. WadeCrafted influential section on judicial precedent2. Bush v. Gore (2000) (Opinion Here)Demonstrated judicial independenceCritiqued recount process while questioning judicial overreachJudicial Philosophy HighlightsBelieved law should adapt to empirical realitiesAdvocated for judicial restraintSupported separation of church and stateConsistently prioritized legal principles over political expectationsThe Supreme Court issued two press releases: Here and Here.

Episode Description:This episode features a May 7, 2025 conversation between Supreme Court Chief Justice John Roberts and U.S. District Judge Lawrence J. Vilardo. They discuss why judicial independence matters in our democracy and how it helps balance power between different parts of government. Both judges share stories about their personal backgrounds, law school experiences, and key moments in their careers. They also talk about what makes legal writing effective and why court decisions should be written clearly so everyone can understand them. The conversation gives listeners a unique look into the thoughts of two important judges as they reflect on their shared history and how the legal world has changed over time.Background:On May 7, 2025, Chief Justice John Roberts headlined the Western District of New York 125th Anniversary Dinner Event in Buffalo, NY. As part of this event, U.S. District Judge Lawrence J. Vilardo interviewed Chief Justice Roberts. From the Event's press release: “Chief Justice Roberts was born in Buffalo and spent his early childhood here, so we claim him as one of our own,” said Chief U.S. District Judge Elizabeth Wolford. “His willingness to join us for our 125th Anniversary makes the celebration all the more special. It’s a testament to Western New York’s rich legal history and the Chief Justice’s commitment to our profession.”Event Press Release: Here.H/T to WGRZ-TV for the recording.Timestamps:00:00 Welcoming Remarks and Reflections 00:57 Reflecting on the Past: A Journey Back to Buffalo 09:26 The Art of Writing Clearly14:07 Judicial Independence and Its Implications 25:42 The Role of the Chief Justice in Public Life 32:04 Reflections on Two Decades on the Court 38:43 The Evolution of Legal Perspectives 43:20 The Influence of Judicial Mentorship 48:35 Reflections on Clerking and the Law

Case Info: United States v. Shilling | Order Decided: 5/6/25 | Case No. 24A1030Link to Docket: Here.Question Presented: Whether the Supreme Court should stay the nationwide injunction issued by the United States District Court for the Western District of Washington.Plain English Translation: This order means that the district court’s nationwide injunction is on hold until final adjudication of the case on the merits.  The district court’s nationwide injunction prohibited the Department of Defense from implementing a policy that generally disqualifies from military service individuals who have gender dysphoria or have undergone medical interventions for gender dysphoria.Voting Breakdown: The Order is unsigned.  Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application.Timestamps:00:00 Introduction00:16 Question Presented00:28 Emergency Order Text01:23 Voting Breakdown01:31 Plain English Order Summary02:07 Procedural History - Policy Adoption02:39 Procedural History - Respondent Identities02:52 Procedural History - District Court Orders04:39 Procedural History - Government Appeals Denial of Stay of Nationwide Injunction to 9th Circuit; 9th Circuit Denies Appeal05:15 Procedural History - Government Appeals Applies to Supreme Court for a Stay05:20 Summary of Government Application - The Policy Satisfies Rational Basis Review06:42 Summary of Government Application - The Policy Comports with the First Amendment07:49 Summary of Government Application - The Policy Complies with the Due Process Clause and Principles of Equity07:59 Summary of Government Application - The District Court Erred in Issuing a Nationwide Injunction10:04 Summary of Government Application - The Remaining Factors Support the Issuance of a Stay

Case Info: Oklahoma Statewide Charter School Board v. Drummond | Case No. 24-394 | Date Argued: 4/30/25 | Date Decided: 5/22/25Link to Docket: Here.Background: The Oklahoma Constitution requires Oklahoma to “establish[ ] and maint[ain] . . . a system of public schools, which shall be open to all the children of the state and free from sectarian control.” The Oklahoma Constitution also requires that [n]o public money . . . shall ever be appropriated . . . or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion . . . or sectarian institution.” Consistent with these constitutional mandates, the Oklahoma Legislature established a type of public school[] established by contract called a charter school. The Oklahoma Charter School Board established a public charter school that fully incorporates Catholic teachings into every aspect of the school, including its curriculum and co-curricular activities.Following the Board’s predecessor’s establishment of the aforementioned public charter school, the Oklahoma Attorney filed an original action with the Oklahoma Supreme Court to prevent the charter school from operating.The Oklahoma Supreme Court held that a state can exclude privately owned and operated religious charter schools from its charter-school program by enforcing state-law bans on "sectarian" and religiously affiliated charter schools. The court also held that a charter school engages in state action for constitutional purposes when it contracts with the state to provide publicly funded education. Questions Presented:Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.Holding: The entire opinion reads: "The judgment is affirmed by an equally divided Court."Result: Affirmed.Voting Breakdown: 4-4. Per Curiam Opinion.Link to Opinion: Here.Host Notes: Justice Barrett did not participate in this case. Also, this case was consolidated with St. Isidore of Seville Sch. v. Drummond, Case No. 24-396.Oral Advocates: For Petitioners in 24-394: James A. CampbellFor Petitioner in 24-396: Michael H. McGinleyFor United States, as Amicus Curiae: D. John Sauer, Solicitor General, Department of JusticeFor Respondent: Gregory G. GarreWebsite Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.Timestamps:00:00 Introduction00:08 Petitioner (in 24-394) Opening Statement Begins2:00 Petitioner Free for All Questions Begins11:10 Petitioner Sequential Questions Begin37:16 Petitioner Questions End, Petitioner (in 24-396) Opening Statement Begins38:28 Petitioner Free for All Questions Begin44:57 Petitioner Sequential Questions Begin58:15, Petitioner Questions End, Government (as Amicus Curiae) Opening Statement Begins59:13 Government Free for All Questions Begin1:08:32 Government Sequential Questions Begin1:17:33 Government Questions End, Respondent Opening Statement Begins1:20:01 Respondent Free for All Questions Begin1:48:30 Respondent Sequential Questions Begin2:08:50 Respondent Questions End, Petitioner Rebuttal Begins

Case Info: Feliciano v. Department of Transportation | Date Decided: 4/30/25 | Case No. 23-861Link to Docket: Here.Question Presented: Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.Holding: A federal civilian employee called to active duty pursuant to “any other provision of law . . . during a national emergency” as described in §101(a)(13)(B) is entitled to differential pay if the reservist’s service temporally coincides with a declared national emergency without any showing that the service bears a substantive connection to a particular emergency.Result: Reversed and remanded.Voting Breakdown: Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kavanaugh and Barrett joined.  Justice Thomas filed a dissenting opinion, in which Justices Alito, Kagan and Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioner: Andrew T. Tutt For Respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of JusticeWebsite Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.Timestamps:00:00 Introduction00:15 Question Presented00:23 Voting Breakdown00:40 Justice Gorsuch Majority Opinion08:10 Result08:11 Justice Thomas Dissenting Opinion14:41 Case Implications

Case Info: Martin v. United States | Case No. 24-362 | Date Argued: 4/29/25Link to Docket: Here.Background:Petitioners are the innocent victims of a wrong-house raid conducted by an FBI SWAT team in Atlanta, Georgia. Seeking a remedy for torts committed against them, Petitioners brought a cause of action against the United States under the Federal Tort Claims Act. In its opinion below, the Eleventh Circuit held that all of Petitioners' FTCA claims are barred by sovereign immunity supplied either through the Constitution's Supremacy Clause or the FTCA's discretionary-function exception. In one or more ways, the opinion below conflicts with decisions from every other circuit. Questions Presented: Whether the Constitution's Supremacy Clause bars claims under the FTCA-a federal statute enacted by Congress-when the negligent or wrongful acts of federal employees have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law. Whether the FTCA's discretionary-function exception bars claims for torts arising from wrong-house raids and similar negligent or wrongful acts by federal employees.Oral Advocates:For Petitioners: Patrick M. JaicomoFor Respondents: Frederick Liu, Assistant to the Solicitor GeneralFor Court-Appointed Amicus Curiae in Support of Judgment Below on Question 1: Christopher E. MillsWebsite Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.Timestamps:00:00 Introduction00:05 Petitioner Opening Statement Begins02:11 Petitioner Free for All Questions Begin21:58 Petitioner Sequential Questions Begin22:06 Petitioner Questions End, Respondent Opening Statement Begins23:53 Respondent Free for All Questions Begin37:10 Respondent Sequential Questions Begin39:31 Respondent Questions End, Court Appointed Amicus Curiae Opening Statement Begins40:33 Court Appointed Amicus Curiae Free for All Questions Begin46:45 Court Appointed Amicus Curiae Sequential Questions Begin46:51 Petitioner Rebuttal Begins

Case Info: Laboratory Corp. of America v. Davis | Case No. 24-304 | Date Argued: 4/29/25Link to Docket: Here.Question Presented: Whether a federal court may certify a class action when some of its members lack any Article III injury.Oral Advocates:For Petitioner: Noel J. FranciscoFor United States, as Amicus Curiae: Sopan Joshi, Assistant to the Solicitor General For Respondents: Deepak GuptaWebsite Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.Timestamps:00:00 Introduction00:06 Petitioner Opening Statement Begins02:16 Petitioner Free for All Questions Begin21:22 Petitioner Sequential Questions Begin1:09:22 Petitioner Questions End, Government Opening Statement Begins1:10:41 Government Free for All Questions Begin1:20:15 Government Sequential Questions Begin1:36:29 Government Questions End, Respondent Opening Statement Begins1:38:22 Respondent Free for All Questions Begin2:06:52 Respondent Sequential Questions Begin2:12:05 Respondent Questions End, Petitioner Rebuttal Begins

Case Info: Advocate Christ Medical Center v. Kennedy | Date Decided: 4/29/25 | Case No. 23-715Link to Docket: Here.Question Presented: Does the phrase "entitled ... to benefits," used twice in the same sentence of the Medicare Act, mean the same thing for Medicare part A and supplementary security income (SSI), such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received.Holding: In calculating the Medicare fraction, an individual is “entitled to[SSI] benefits” for purposes of the Medicare fraction when she is eligi­ble to receive an SSI cash payment during the month of her hospitali­zation. Result: Affirmed.Voting Breakdown: 7-2. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kagan, Gorsuch and Kavanaugh joined.  Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.Link to Opinion: Here. Advocates: For Petitioners: Melissa Arbus SherryFor Respondent: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Soto v. United States | Case No. 24-320 | Date Argued: 4/28/25Link to Docket: Here.Background: This case determines whether thousands of medically retired combat veterans should receive all the combat related special compensation (CRSC) that Congress specifically authorized for combat veterans. The government has elected to calculate the period of retroactive compensation due using the procedure in the Barring Act (31 U.S.C. § 3702) instead of the one in the CRSC statute (10 U.S.C. § 1413a)-a maneuver that allows the government to apply the Barring Act's six- year limitations period in order to pay the veterans less. But the Barring Act is a default provision and does not apply where "another law" provides a procedure for calculating the amount due-that is, for "settling" a demand for payment. Although this Court's precedent defines "settlement" of demands for payment from the federal government as "the administrative determination of the amount due," it has not decided the test for whether a statute provides a settlement procedure that should apply in place of the Barring Act. And agency practice more broadly-which aligns with the test the District Court articulated and is consistent with this Court's definition of "settlement"-is irreconcilable with the novel test that the Federal Circuit applied, although both tests claim reliance on this Court's definition of "settlement." Question Presented: When a person makes a demand for money from the federal government pursuant to federal statute, what test should courts and agencies use to determine whether that statute includes a settlement procedure that displaces the default procedures and limitations set forth in the Barring Act (31 U.S.C. § 3702)?Oral Advocates:For Petitioner: Tracy F. Flint, Chicago, Ill. For Respondent: Caroline A. Flynn, Assistant to the Solicitor GeneralWebsite Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.Timestamps:00:00 Introduction00:05 Petitioner Opening Statement Begins2:07 Petitioner Free for All Questions Begin25:24 Petitioner Sequential Questions Begin30:00 Petitioner Questions End, Respondent Opening Statement Begins32:01 Respondent Free for All Questions Begin57:40 Respondent Sequential Questions Begin57:46 Respondent Questions End, Petitioner Rebuttal Begins

Case Info: A.J.T. v. Osseo Area Schools | Case No. 24-249 | Date Argued: 4/28/25Link to Docket: Here.Background:Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Rehabilitation Act) require public entities and organizations that receive federal funding to provide reasonable accommodations for people with disabilities. In the decision below, the Eighth Circuit held that, for discrimination claims "based on educational services" brought by children with disabilities, these statutes are violated only if school officials acted with ''bad faith or gross misjudgment."That test squarely implicates an entrenched and acknowledged 5-2 circuit split over the standard governing such claims. It is also plainly mistaken on the merits: As the Eighth Circuit itself acknowledged, the test lacks "any anchor in statutory text," App.5a n.2, and it arbitrarily departs from the more lenient standards that all courts-including the Eighth Circuit-apply to ADA and Rehabilitation Act claims brought by plaintiffs outside the school setting. Question Presented: Whether the ADA and Rehabilitation Act require children with disabilities to satisfy a uniquely stringent "bad faith or gross misjudgment" standard when seeking relief for discrimination relating to their education.Holding: Schoolchildren bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of "bad faith or gross misjudgment" but instead are subject to the same standards that apply in other disability discrimination contexts.Result: Vacated and remanded. Voting Breakdown: 9-0. Chief Justice Roberts delivered the opinion for a unanimous Court. Justice Thomas filed a concurring opinion, in which Justice Kavanaugh joined. Justice Sotomayor filed a concurring opinion, in which Justice Jackson joined.Link to Opinion: Here.Oral Advocates:For Petitioner: Roman Martinez For the United States, as Amicus Curiae: Nicole F. Reaves, Assistant to the Solicitor GeneralFor Respondents: Lisa S. BlattHost Note: This is probably the sauciest oral argument I've heard this term. Respondent's counsel accuses Petitioner of lying and of asking the Court to consider "uniquely stupid standards." Respondent's counsel also accused the Supreme Court of routinely remanding cases without setting the law. All of these statements clearly made the justices uncomfortable. I included timestamps for these exchanges. Timestamps:00:00 Introduction00:07 Petitioner Opening Statement Begins2:04 Petitioner Free for All Questions Begin18:06 Petitioner Sequential Questions Begin23:04 Petitioner Questions End, Government Opening Statement Begins24:29 Government Free for All Questions Begin33:42 Government Sequential Questions Begin45:17 Government Questions End, Respondent Opening Statement Begins47:16 Respondent Free for All Questions Begin50:26 Respondent alleges that Petitioner lied and made inaccurate statements about Respondent’s position50:55 Justice Gorsuch tells Respondent to be more careful with her words with respect to alleging that Petitioner lied 52:03 Respondent states that Petitioner asks the court to adopt “uniquely stupid standards.”1:03:17 Justice Jackson and Respondent debate whether 504 and Title II require reasonable accommodations1:04:31 Respondent admonishes the Supreme Court for sometimes “just remand[ing] and saying we just remand” and for not “set[ting] the law.”1:05:01 Justice Gorsuch tells Respondent that he’s troubled by Respondent’s “suggestion that your friends on the other side have lied[]” and asks Respondent “to reconsider that phrase.” Respondent backtracks and says that Petitioner is incorrect.1:07:24 Justice Gorsuch asks Respondent to withdraw her accusation that Petitioner lied. Respondent obliges.1:16:23 Respondent Sequential Questions Begin1:22:38 Respondent Questions End, Petitioner Reply Begins

Case Info: Diamond Alternative Energy, LLC v. EPA | Case No. 24-7 | Date Argued: 04/23/25Link to Docket: Here.Background:Section 209(a) of the Clean Air Act generally preempts States from adopting emission standards for new motor vehicles. 42 U.S.C. § 7543(a). But under Section 209(b) of that Act, EPA may grant California and only California-a waiver from federal preemption to set its own vehicle-emission standards. Before granting a preemption waiver, EPA must find that California "need[s]" its own emission standards "to meet compelling and extraordinary conditions." Id. § 7543(b)(1)(B). In 2022, EPA granted California a waiver to set its own standards for greenhouse-gas emissions and to adopt a zero-emission-vehicle mandate, both expressly intended to address global climate change by reducing California vehicles' consumption of liquid fuel. Fuel producers challenged EPA's waiver as contrary to the text of Section 209(b). The D.C. Circuit rejected the challenge without reaching the merits, concluding that fuel producers' injuries were not redressable because they had not established that vacating EPA's waiver would have any effect on automakers.Questions Presented: Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties. Whether EPA's preemption waiver for California's greenhouse-gas emission standards and zero-emission- vehicle mandate is unlawful.Holding: The fuel producers have Article III standing to challenge EPA's approval of the California regulations.Result: Reversed and remanded.Voting Breakdown: 7-2. Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kagan, Gorsuch, and Barrett joined. Justice Sotomayor and Justice Jackson filed dissenting opinions.Link to Opinion: Here.Oral Advocates:For Petitioners: Jeffrey B. WallFor Federal Respondents: Edwin S. Kneedler, Deputy Solicitor GeneralFor State Respondents: Joshua A. Klein, Deputy Solicitor General, Oakland, Cal.

Case Info: Mahmoud v. Taylor | Case No. 24-297 | Date Argued: 4/22/25Link to Docket: Here. Background:Respondent Montgomery County Board of Education requires elementary school teachers to read their students storybooks celebrating gender transitions, Pride parades, and same-sex playground romance. The storybooks were chosen to disrupt "cisnormativity" and "either/or thinking" among students. The Board's own principals objected that the curriculum was "not appropriate for the intended age group," presented gender ideology as "fact," "sham[ed]" students with contrary opinions, and was "dismissive of religious beliefs." The Board initially allowed parents to opt their kids out- but then reversed course, saying that no opt-outs would be permitted and that parents would not even be notified when the storybooks were read. Petitioners filed suit, not challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents' religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the Fourth Circuit found no free-exercise burden because no one was forced "to change their religious beliefs or conduct." Question Presented:Whether public schools burden parents' religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents' religious convictions and with-out notice or opportunity to opt out.Oral Advocates:For Petitioners: Eric S. Baxter, Washington, D.C.; and Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)For Respondents: Alan E. Schoenfeld, New York, N.Y.Timestamps:00:00 Introduction00:05 Petitioner Opening Statement02:06 Petitioner Free for All Questions Begin18:38 Petitioner Sequential Questions Begin53:39 Petitioner Questions End, Government Opening Statement54:43 Government Free for All Questions Begin 1:04:21 Government Sequential Questions Begin01:22:12 Government Questions End, Respondent Opening Statement01:24:02 Respondent Free for All Questions Begin01:52:42 Respondent Sequential Questions Begin2:25:55 Respondent Questions End, Petitioner Rebuttal Begins

Case Info: CIR v. Zuch | Case No. 24-416 | Date Argued: 4/22/25Link to Docket: Here.Question Presented: Whether a proceeding under 26 U.S.C. 6330 for a pre-deprivation determination about a levy proposed by the Internal Revenue Service to collect unpaid taxes becomes moot when there is no longer a live dispute over the proposed levy that gave rise to the proceeding.Oral Advocates:For petitioner: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For respondent: Shay Dvoretzky, Washington, D.C.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: Velazquez v. Bondi, Att'y Gen. | Date Decided: 4/22/25 | Case No. 23-929Link to Docket: Here.Question Presented: When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart?Holding: Under §1229c(b)(2), a voluntary-departure deadline that falls on a weekend or legal holiday extends to the next business day.Result: Reversed and remanded.Voting Breakdown: Justice Gorsuch delivered the opinion of the Court, in which the following justices joined: Chief Justice Roberts, Justice Sotomayor, Justice Kagan, and Justice Jackson.  Justice Thomas filed a dissenting opinion, joined by Justice Alito, and joined by Justice Kavanaugh and Justice Barrett as to Parts I and II.  Justice Alito and Justice Barrett filed dissenting opinions, both joined by Justice Kavanaugh.Link to Opinion: Here.Oral Advocates:For Petitioner: Gerard J. CedroneFor Respondent: Anthony A. Yang, Assistant to the Solicitor GeneralWebsite Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.Host Note: Please note that the opinion date is April 22, 2025.

Case Info: Parrish v. United States | Case No. 24-275 | Date Argued: 4/21/25 | Date Decided: 6/12/25Link to Docket: Here.Background:Ordinarily, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment. 28 U.S.C. § 2107(a)-(b). Under 28 U.S.C. § 2107(c) and Fed. R. App. P. 4(a)(6), however, district courts can reopen an expired appeal period when a party did not receive timely notice of the judgment. The Courts of Appeals have divided about whether a notice of appeal filed after the expiration of the ordinary appeal period but before the appeal period is reopened becomes effective once reopening is granted. Question Presented: Whether a litigant who files a notice of appeal after the ordinary appeal period expires must file a second, duplicative notice after the appeal period is reopened.Holding: A litigant who files a notice of appeal after the original appeal deadline but before the court grants reopening need not file a second notice after reopening. The original notice relates forward to the date reopening is granted.Result: Reversed and remanded.Voting Breakdown: 8-1. Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Kagan, Kavanaugh and Barrett joined. Justice Jackson filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Gorsuch filed a dissenting opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Amanda Rice, Detroit, Mich. For respondent in support of petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C.For Court-appointed amicus curiae in support of judgment below: Michael R. Huston, Phoenix, Ariz.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: Kennedy, Sec. of H&HS v. Braidwood Mgmt., Inc. | Case No. 24-316 | Date Argued: 4/21/25Link to Docket: Here.Background:The U.S. Preventive Services Task Force (Task Force), which sits within the Public Health Service of the Department of Health and Human Services (HHS), issues clinical recommendations for preventive medical services, such as screenings and medications to prevent serious diseases. Under the Patient Protection and Affordable Care Act, Pub. L. No. 111 -148, 124 Stat. 119, health insurance issuers and group health plans must cover certain preventive services recommended by the Task Force without imposing any cost-sharing requirements on patients. 42 U.S.C. 300gg-13(a)(1). Question Presented: Whether the court of appeals erred in holding that the structure of the Task Force violates the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the HHS Secretary’s supervision.Oral Advocates:For Petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D.C. For Respondents: Jonathan F. Mitchell, Austin, Tex.Host Note: On 4/25/25, the Supreme Court ordered the parties to “file supplemental letter briefs addressing the following question: Whether Congress has ‘by Law’ vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II, §2, cl. 2.” Link to 4/25/25 Order: Here. On 5/5/25, the parties filed supplemental letter briefs. This may mean that the Supreme Court is skeptical of Respondent’s position that the Task Force members constitute principal officers and that the Supreme Court may not remand the question to the Fifth Circuit. Check out the exchange involving Mr. Mitchell on this point at 42:00.

Case Info: Cunningham v. Cornell University | Date Decided: 4/17/25 | Case No. 23-1007Link to Docket: Here.Question Presented: Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision's text.Holding: To state a claim under §1106(a)(1)(C), a plaintiff need only plausi­bly allege the elements contained in that provision itself, without ad­dressing potential §1108 exemptions.Result: Reversed and remanded.Voting Breakdown: Justice Sotomayor delivered the opinion for a unanimous Court. Justice Alito filed a concurring opinion, in which Justice Thomas and Justice Kavanaugh joined.Link to Opinion: Here.Advocates:For petitioners: Xiao Wang, Charlottesville, Va.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)For respondents: Nicole A. Saharsky, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Medina v. Planned Parenthood South Atlantic | Case No. 23-1275 | Date Argued: 4/2/25Link to Docket: Here. Background:More than 30 years ago, this Court first applied what would become known as the "Blessing factors," holding that a Medicaid Act provision created a privately enforceable right to certain reimbursement rates. Wilder v. Va. Hosp. Ass'n, 496 U.S. 498, 509-10 (1990). Later, the Court distilled from Wilder a multi-factor test for deciding whether a "statutory provision gives rise to a federal right" privately enforceable under Section 1983. Blessing v. Freestone, 520 U.S. 329, 340 (1997). Five years later, though, the Court disparaged Blessing's test while clarifying that only "an unambiguously conferred right is enforceable by § 1983." Gonzaga University v. Doe, 536 U.S. 273, 282 (2002). Then, in Health & Hospital Corp. of Marion County v. Talevski, 599 U.S. 166, 180 (2023), the Court doubled down on Gonzaga's "demanding bar." The Court did not apply Blessing or Wilder in Talevski, but it did not overrule them either. After the Court GVR'd this case in light of Talevski, the Fourth Circuit applied Wilder and Blessing again and reaffirmed its prior opinions, maintaining a 5-2 circuit split over the first question presented and a 3-1 circuit split over the proper reading of O'Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), which frames the second question. Questions Presented:1. Whether the Medicaid Act's any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider. 2. What is the scope of a Medicaid beneficiary's alleged right to choose a provider that a state has deemed disqualified?Holding: Section 1396a(a)(23)(A) does not clearly and unambiguously confer individual rights enforceable under Section 1983.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kavanaugh, and Barrett joined. Justice Thomas filed a concurring opinion. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.Link to Opinion: Here.Oral Advocates:For petitioner: John J. Bursch, Washington, D.C.; and Kyle D. Hawkins, Counselor to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)For respondents: Nicole A. Saharsky, Washington, D.C.

Case Info: Medical Marijuana, Inc. v. Horn | Date Decided: 4/2/25 | Case No. 23-365Link to Docket: Here.Question Presented: Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant's acts for purposes of civil RICO.Holding: Under civil RICO, §1964(c), a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury. Result: Affirmed and remanded.Voting Breakdown: Justice Barrett delivered the opinion of the Court, in which Justices Sotomayor, Kagan, Gorsuch, and Jackson joined.  Justice Jackson filed a concur­ring opinion.  Justice Thomas filed a dissenting opinion.  Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.Link to Opinion: Here.Oral Advocates:For petitioners: Lisa S. Blatt, Washington, D.C. For respondent: Easha Anand, Stanford, Cal.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: FDA v. Wages and White Lion Investments, LLC | Date Decided: 4/2/25 | Case No. 23-1038Link to Docket: Here.Question Presented: Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious.Holding: The Fifth Circuit’s conclusion that the FDA acted arbitrarily and capriciously in its adjudication of manufacturers’ premarket tobacco product applications is vacated because the FDA’s denial orders were sufficiently consistent with its predecisional guidance—as to scientific evidence, comparative efficacy, and device type—and thus did not run afoul of the change-in-position doctrine.Result: Vacated and remanded.Voting Breakdown: Justice Alito delivered the opinion for a unanimous Court. Justice Sotomayor filed a concurring opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondents: Eric N. Heyer, Washington, D.C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Fuld v. PLO | Case No. 24-20 | Date Argued: 4/1/25Case consolidated with: United States v. PLO, Case No. 24-151.Link to Docket: Here.Background:The Anti-Terrorism Act (ATA), 18 U.S.C. § 2331 et seq., provides an extraterritorial private right of action for victims of terror attacks committed against American nationals abroad. In 2019, Congress amended the ATA by enacting the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA). Under the PSJVTA, the Palestinian Liberation Organization (PLO) and Palestinian Authority (PA) "shall be deemed to have consented to personal jurisdiction" in an ATA action if: (a) more than 120 days after the statute's enactment, they pay any terrorist convicted of or killed while committing a terror attack against an American national, and the payment is made "by reason of' the conviction or terror attack, 18 U.S.C. § 2334(e) (1)(A); or (b) more than 15 days after the statute's enactment, they "conduct any activity" while physically present in the United States (with limited exceptions), id. § 2334(e)(1) (B). The PLO and PA engaged in both categories of conduct after the trigger dates. But in the decisions below, the Second Circuit facially invalidated the PSJVTA. The court held that the Fifth Amendment forbids Congress from specifying conduct that triggers a defendant's consent to federal jurisdiction unless the statute provides the defendant with some "governmental benefit" in return, and that the PLO and PA had not received such a benefit. Question Presented: Whether the PSJVTA violates the Fifth Amendment.Holding: The PSJVTA's personal jurisdiction provision does not violate the Fifth Amendment's Due Process Clause because the statute reasonably ties the assertion of jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches.Result: Reversed and remanded. Voting Breakdown: 9-0. Chief Justice Roberts delivered the opinion of the Court, in which Justice Alito, Justice Sotomayor, Justice Kagan, Justice Kavanaugh, Justice Barrett, and Justice Jackson joined. Justice Thomas filed an opinion concurring in the judgment, which Justice Gorsuch joined as to Part II.Link to Opinion: Here.Oral Advocates:For Petitioners in 24-20: Kent A. Yalowitz, New York, N. Y.For Petitioner in 24-151: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For Respondents: Mitchell R. Berger, Washington, D.C.

Case Info: Rivers v. Guerrero | Case No. 23-1345 | Date Argued: 3/31/25 | Date Decided: 6/12/25Link to Docket: Here.Background:Under the federal habeas statute, a prisoner "always gets one chance to bring a federal habeas challenge to his conviction," Banister v. Davis, 590 U.S. 504, 509 (2020). After that, the stringent gatekeeping requirements of 28 U.S.C. § 2244(b)(2) bar nearly all attempts to file a "second or successive habeas corpus application." Here, petitioner sought to amend his initial habeas application while it was pending on appeal. The Fifth Circuit applied § 2244(b)(2) and rejected the amended filing. The circuits are intractably split on whether § 2244(b)(2) applies to such filings. The Fifth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits hold that § 2244(b)(2) categorically applies to all second-in-time habeas filings made after the district court enters final judgment. The Second Circuit disagrees, applying § 2244(b)(2) only after a petitioner exhausts appellate review of his initial petition. And the Third and Tenth Circuits exempt some second-in-time filings from § 2244(b)(2), depending on whether a prisoner prevails on his initial appeal (Third Circuit) or satisfies a seven-factor test (Tenth Circuit). Question Presented: Whether § 2244(b)(2) applies (i) only to habeas filings made after a prisoner has exhausted appellate review of his first petition, (ii) to all second-in-time habeas filings after final judgment, or (iii) to some second-in-time filings, depending on a prisoner's success on appeal or ability to satisfy a seven-factor test.Holding: Once a district court enters its judgment with respect to a first-filed habeas petition, a second-in-time filing qualifies as a "second or successive application" properly subject to the requirements of Section 2244(b).Result: Affirmed.Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous court. There were no concurring opinions.Link to Opinion: Here.Oral Advocates:For petitioner: Peter A. Bruland, Washington, D.C. For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: Catholic Charities Bureau v. WI Labor Review Comm'n | Case No. 24-154 | Date Argued: 3/31/25Link to Docket: Here.Background:Wisconsin exempts from its state unemployment tax system certain religious organizations that are "operated, supervised, controlled, or principally supported by a church or convention or association of churches" and that are also "operated primarily for religious purposes." Petitioners are Catholic Charities of the Diocese of Superior and several sub-entities. Although all agree Catholic Charities is controlled by a church-the Diocese of Superior-the Wisconsin Supreme Court held that Catholic Charities is not "operated primarily for religious purposes" and thus does not qualify for the tax exemption. Specifically, the court held that Catholic Charities' activities are not "typical" religious activities because Catholic Charities serves and employs non-Catholics, Catholic Charities does not "attempt to imbue program participants with the Catholic faith," and its services to the poor and needy could also be provided by secular organizations. Questions Presented: Does a state violate the First Amendment's Religion Clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state's criteria for religious behavior? In addressing federal constitutional challenges, may state courts require proof of unconstitutionality "beyond a reasonable doubt?"Holding: The Wisconsin Supreme Court’s application of § 108.02(15)(h)(2) to petitioners violates the First Amendment.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous Court.  Justices Thomas and Jackson each filed concurring opinions.Link to Opinion: Here.Oral Advocates:For petitioners: Eric C. Rassbach, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondents: Colin T. Roth, Assistant Attorney General, Madison, Wis.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: FCC v. Consumers' Research | Case No. 24-354 | Date Argued: 3/26/25Link to Docket: Here.Background:In 47 U.S.C. 254, Congress required the Federal Communications Commission (Commission) to operate universal service subsidy programs using mandatory contributions from telecommunications carriers. The Commission has appointed a private company as the programs' Administrator, authorizing that company to perform administrative tasks such as sending out bills, collecting contributions, and disbursing funds to beneficiaries. Questions Presented: 1. Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the amount that providers must contribute to the Fund. 2. Whether the Commission violated the nondelegation doctrine by using the Administrator's financial projections in computing universal service contribution rates. 3. Whether the combination of Congress's conferral of authority on the Commission and the Commission's delegation of administrative responsibilities to the Administrator violates the nondelegation doctrine.Host Note: Consolidated with: SHLB Coalition V. Consumers' Research, Case No. 23-422.Oral Advocates:For Petitioners in 24-354: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D.C. For Petitioners in 24-422: Paul D. Clement, Alexandria, Va.For Respondents: R. Trent McCotter, Washington, D.C.

Case Info: United States v. Miller | Date Decided: 3/26/25 | Case No. 23-824Link to Docket: Here. Question Presented: Whether a bankruptcy trustee may avoid a debtor's tax payment to the United States under Section 544(b) when no actual creditor could have obtained relief under the applicable state  fraudulent-transfer law outside of bankruptcy.Holding: Section 106(a)’s sovereign-immunity waiver applies only to a §544(b) claim itself and not to state-law claims nested within that fed­eral claim. Result: Reversed.Voting Breakdown: Justice Jackson delivered the opinion of the Court, joined by Chief Justice Roberts, along with Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh and Barrett.  Justice Gorsuch filed a dissenting opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.For respondent: Lisa S. Blatt, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Bondi, Att'y Gen. v. VanDerStok | Date Decided: 3/26/25 | Case No. 23-852Link to Docket: Here.Questions Presented:Whether "a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive," 27 C.F.R. 478.11, is a "firearm" regulated by the Gun Control Act of 1968 (GCA); andWhether "a partially complete, disassembled, or nonfunctional frame or receiver" that is "designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver," 27 C.F.R. 478.12(c), is a "frame or receiver" regulated by the GCA.Holding: The ATF’s rule is not facially inconsistent with the GCA. The GCA’s statute’s text, context, and structure make clear the GCA reaches some weapon parts kits and unfinished frames or receivers.Result: Reversed and remanded.Voting Breakdown: Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson joined.  Justices Sotomayor, Kavanaugh, and Jackson each filed concurring opinions.  Justices Thomas and Alito each filed dissenting opinions.Link to Opinion: Here.Oral Advocates:For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Peter A. Patterson, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Oklahoma v. EPA | Case No. 23-1067 | Date Argued: 3/25/25Link to Docket: Here.Background:Under the Clean Air Act, each state must adopt an implementation plan to meet national standards, which EPA then reviews for compliance with the Act. See 42 U.S.C. § 7410. In 2023, EPA published disapprovals of 21 states' plans implementing national ozone standards. It did so in a single Federal Register notice. The Act specifies that "[a] petition for review of the [EPA's] action in approving or promulgating any implementation plan ... or any other final action of the [EPA] under this Act ... which is locally or regionally applicable may be filed only in" the appropriate regional circuit, while "nationally applicable regulations ... may be filed only in" the D.C. Circuit. 42 U.S.C. § 7607(b)(1). Parties from a dozen states sought judicial review of their respective state plan disapprovals in their appropriate regional circuits. The Fourth, Fifth, Sixth, and Eighth Circuits held that the implementation plan disapprovals of states within those circuits are appropriately challenged in their respective regional courts of appeals. In the decision below, the Tenth Circuit held that challenges to the disapprovals of Oklahoma's and Utah's plans can only be brought in the D.C. Circuit, explicitly disagreeing with the decisions of its sister circuits. Questions Presented:Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.Whether the Environmental Protection Agency's disapproval of a State Implementation Plan may only be challenged in the D.C. Circuit under 42 U.S.C. § 7607 (b)(1) if EPA packages that disapproval with disapprovals of other States' SIPs and purports to use a consistent method in evaluating the state-specific determinations in those SIPs.Host Note: Consolidated with: Pacificorp V. EPA, Case No. 23-1067.Holding: EPA's disapprovals of the Oklahoma and Utah SIPs are locally or regionally applicable actions reviewable in a regional Circuit.Result: Reversed. Voting Breakdown: 9-0. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, Barrett and Jackson joined. Justice Gorsuch filed an opinion concurring in the judgment in which Chief Justice Roberts joined.Link to Opinion: Here.Oral Advocates:For petitioners in 23-1067: Mithun Mansinghani, Oklahoma City, Okla.For petitioners in 23-1068: Misha Tseytlin, Chicago, Ill. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.

Case Info: EPA v. Calumet Shreveport Refining, L.L.C. | Case No. 23-1229 | Date Argued: 3/25/25Link to Docket: Here.Background:In a pair of final actions, the United States Environmental Protection Agency (EPA) denied 105 petitions filed by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program. Six of those refineries petitioned for review of EPA's decisions in the Fifth Circuit, which denied the government's motion for transfer to the D.C. Circuit. Question Presented: Whether venue for the refineries' challenges lies exclusively in the D.C. Circuit because the agency's denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect." 42 U.S.C. 7607(b)(1).Holding: EPA's denials of small refinery exemption petitions are locally or regionally applicable actions that fall within the "nationwide scope or effect" exception, requiring venue in the D.C. Circuit.Result: Vacated and remanded.Voting Breakdown: 7-2. Justice Thomas delivered the opinion of the Court, in which Justices Alito, Sotomayor, Kagan, Kavanaugh, Barrett and Jackson joined. Justice Gorsuch filed a dissenting opinion in which Chief Justice Roberts joined.Link to Opinion: Here.Oral Advocates:For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Growth Energy and Renewable Fuels Association in support of petitioner: Seth P. Waxman, Washington, D. C. For respondents Calumet Shreveport Refining, L.L.C., et al.: Michael R. Huston, Phoenix, Ariz.

Case Info: Riley v. Bondi, Att'y Gen. | Case No. 23-1270 | Date Argued: 3/24/25Link to Docket: Here.Background:Petitioner Pierre Riley, ineligible for cancellation of removal or discretionary relief from removal, sought deferral in withholding-only proceedings, pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. After the Board of Immigration Appeals issued a decision reversing an immigration judge's grant of relief, Riley promptly petitioned for review by the U.S. Court of Appeals for the Fourth Circuit. Although both parties urged the court to decide the merits of the case, the Fourth Circuit dismissed Riley's petition for lack of jurisdiction pursuant to 8 U.S.C. 1252(b)(1), which states "[t]he petition for review must be filed not later than 30 days after the date of the final order of removal." This holding implicates two circuit splits, each of which independently warrants review.Questions Presented:Whether 8 U.S.C. 1252(b)(1)'s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited.Whether a person can obtain review of the BIA's decision in a withholding-only proceeding by filing a petition within 30 days of that BIA decision?Oral Advocates:For petitioner: Keith Bradley, Denver, Colo.For respondent in support of petitioner: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For Court-appointed amicus curiae in support of the judgment below: Stephen J. Hammer, Dallas, Tex.

Case Info: Louisiana v. Callais | Case No. 24-109 | Date Argued: 3/24/25Link to Docket: Here.Background:Over the State's strenuous objections, the Middle District of Louisiana held, Robinson v. Ardoin, 605 F. Supp. 3d 759 (M.D. La. 2022)-and the Fifth Circuit affirmed, Robinson v. Ardoin, 86 F.4th 574 (5th Cir. 2023)-that Louisiana likely violated Section 2 of the Voting Rights Act (VRA) by failing to create a second majority-Black congressional district. The Fifth Circuit gave the Legislature a small window of time to adopt its own remedial plan, or else the State would have to go to trial, which would almost certainly end in the Middle District imposing its own preferred map. Rather than acquiesce in the Middle District's preferences, the Legislature reclaimed its sovereign redistricting pen and passed S.B. 8, which created a second majority-Black district as the courts demanded, protected the Legislature's sovereign prerogatives, and achieved its political goals. In this case, a majority of a three-judge court sitting in the Western District of Louisiana enjoined S.B. 8 as an unconstitutional racial gerrymander. Questions Presented: Did the majority err in finding that race predominated in the Legislature's enactment of S.B. 8? Did the majority err in finding that S.B. 8 fails strict scrutiny? Did the majority err in subjecting S.B. 8 to the Gingles preconditions? Is this action non-justiciable?Host Note: Consolidated with Robinson V. Callais (Case No. 24-110)Oral Advocates:For Appellant in 24-109: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, La. For Appellants in 24-110: Stuart C. Naifeh, New York, N.Y. For Appellees: Edward D. Greim, Kansas City, Mo.

Case Info: Thompson v. United States | Date Decided: 3/21/25 | Case No. 23-1095Link to Docket: Here.Question Presented: Whether 18 U.S.C. § 1014, which prohibits making a "false statement" for the purpose of influencing certain financial institutions and federal agencies, also prohibits making a statement that is misleading but not false.Holding: 18 U.S.C. § 1014, which prohibits “knowingly mak[ing] any false state­ment,” does not criminalize statements that are misleading but not false. Result: Vacated and remanded.Voting Breakdown: Chief Justice Roberts delivered the opinion for a unanimous Court. Justices Alito and Jackson each filed concurring opinions.Link to Opinion: Here.Oral Advocates: For petitioner: Chris C. Gair, Chicago, Ill. For respondent: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Delligatti v. United States | Date Decided: 3/21/25 | Case No. 23-825Link to Docket: Here.Question Presented: Whether a crime that requires proof of bodily injury or death, but can be  committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.Holding: The knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the “use” of “physical force” against another person within the meaning of §924(c)(3)(A). Result: Affirmed.Voting Breakdown: Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, and Barrett joined.  Justice Gorsuch filed a dissenting opinion, in which Justice Jackson joined.Link to Opinion: Here.Oral Advocates:For petitioner: Allon Kedem, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Truck Insurance Exchange v. Kaiser Gypsum Co. | Case No. 22-1079 | Date Argued: 3/19/24 | Date Decided: 6/6/24 Link to Docket: Here.Background: Asbestos claims in state court have been plagued by rampant fraud, with claimants seeking inflated recoveries against some asbestos defendants by suppressing evidence of claims against other asbestos defendants. For nearly a decade, bankruptcy courts have sought to protect debtors and their insurers by requiring fraud-prevention measures-like ensuring access to claims information-before channeling the asbestos claims against the debtor to a trust. See 11 U.S.C. § 524(g). In this case, a Chapter 11 debtor colluded with representatives for asbestos claimants to propose and confirm a plan that includes these fraud-prevention measures only for uninsured asbestos claims-not insured asbestos claims. Petitioner is the insurer who bears the financial burden of those 14,000 insured claims. The Bankruptcy Code's plain text empowers any "party in interest" to "raise" and "be heard on any issue" in a Chapter 11 proceeding. 11 U.S.C. § 1109(b). But the court of appeals refused to adjudicate Petitioner's objections to the fraud and collusion, relying on judge-made limitations engrafted onto the Code.Question Presented: Whether an insurer with financial responsibility for a bankruptcy claim is a "party in interest" that may object to a Chapter 11 plan of reorganization.Holding: An insurer with financial responsibility for bankruptcy claims is a "party in interest" under 11 U.S.C. § 1109(b) that "may raise and may appear and be heard on any issue" in a Chapter 11 case.Result: Reversed and remanded.Voting Breakdown: 8-0. Justice Sotomayor delivered the opinion of the Court, in which all other Members joined, except Justice Alito, who took no part in the consideration or decision of the case.Link to Opinion: Here.Oral Advocates:For Petitioner: Allyson N. Ho, Dallas, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as Amicus Curiae.) For debtor Respondents: C. Kevin Marshall, Washington, D.C. For claimant Respondents: David C. Frederick, Washington, D.C.

Case Info: NRC v. Texas | Case No. 23-1300 | Date Argued: 3/5/25Link to Docket: Here.Questions Presented:Whether the Hobbs Act, 28 U.S.C. 2341 et seq., which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court of appeals, 28 U.S.C. 2344, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency's statutory authority.Whether the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101 et seq., permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.(For Interim Storage Partners, LLC) Whether the Nuclear Regulatory Commission's exercise of authority to issue a license to a private party to temporarily possess spent nuclear fuel at a location away from an operating nuclear power reactor was lawful under the applicable statutes (as the D.C. and Tenth Circuits have held) or not (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case). Whether, notwithstanding an allegation of "ultra vires" agency action, a person must take steps to become a "party" to an agency proceeding under the Hobbs Act, 28 U.S.C. 2344, in order to then subsequently challenge the agency action resulting from that proceeding in court (as the Second, Seventh, Tenth, and Eleventh Circuits have held), or whether an allegation of "ultra vires" agency action can override statutory limitations on jurisdiction (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case).Host Note: Consolidated with: Interim Storage Partners, LLC V. Texas, Case No. 23-1312.Holding: Because Texas and Fasken were not parties to the Commission's licensing proceeding, they are not entitled to obtain judicial review of the Commission's licensing decision.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Kavanaugh delivered the opinion of the court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Barrett and Jackson joined. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.Link to Opinion: Here.Oral Advocates:For petitioners in 23-1300: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioner in 23-1312: Brad Fagg, Washington, D. C. For respondents Texas, et al.: Aaron L. Nielson, Solicitor General, Austin, Tex.For respondent Fasken Land and Minerals, Ltd.: David C. Frederick, Washington, D.C.

Case Info: Bufkin v. Collins | Date Decided: 3/5/25 | Case No. 23-713Link to Docket: Here.Question Presented: Must the Veterans Court ensure that the benefit-of-the-doubt rule was properly applied during the claims process in order to satisfy 38  U.S.C. § 7261(b)(1), which directs the Veterans Court to "take due account" of VA's  application of that rule?Holding: The VA’s determination that the evidence regarding a service-re­lated disability claim is in “approximate balance” is a predominantly factual determination reviewed only for clear error. Result: Affirmed.Voting Breakdown: Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, and Barrett joined.  Justice Jackson filed a dissenting opinion, in which Justice Gorsuch joined.Link to Opinion: Here.Oral Advocates:For petitioners: Melanie L. Bostwick, Washington, D. C.For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Smith & Wesson Brands v. Estados Unidos Mexicanos | Case No. 23-1141 | Date Argued: 3/4/25Link to Docket: Here.Background:The Mexican Government sued leading members of the American firearms industry, seeking to hold them liable for harms inflicted by Mexican drug cartels. According to Mexico, America's firearms companies have engaged in a series of business practices for decades-from selling semi-automatic rifles, to making magazines that hold over ten rounds, to failing to impose various sales restrictions-that have created a supply of firearms later smuggled across the border and ultimately used by the cartels to commit crimes. Mexico asks for billions of dollars in damages, plus extensive injunctive relief imposing new gun-control measures in the United States. The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products. But the First Circuit reversed. It held that PLCAA does not bar this suit because Mexico stated a claim that defendants' business practices have aided and abetted firearms trafficking to the cartels, proximately harming the Mexican government. Questions Presented:Whether the production and sale of firearms in the United States is the "proximate cause" of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico. Whether the production and sale of firearms in the United States amounts to "aiding and abetting" illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.Holding: Because Mexico’s complaint does not plausibly allege that the defendant gun manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers, PLCAA bars the lawsuit.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justice Thomas and Justice Jackson each filed concurring opinions.Link to Opinion: Here.Oral Advocates:For petitioners: Noel J. Francisco, Washington, D.C. For respondent: Catherine E. Stetson, Washington, D.C.

Case Info: San Francisco v. EPA | Date Decided: 3/4/25 | Case No. 23-753Link to Docket: Here.Question Presented: Whether the Clean Water Act allows EPA (or an authorized state) to impose  generic prohibitions in National Pollutant Discharge Elimination  System (NPDES) permits that subject permit holders to enforcement for exceedances of water quality standards without identifying specific limits to which their  discharges must conform.Holding: Section 1311(b)(1)(C) does not authorize the EPA to include “end­ result” provisions in NPDES permits. Determining what steps a per­mittee must take to ensure that water quality standards are met is the EPA’s responsibility, and Congress has given it the tools needed to make that determination.Result: Reversed and remanded.Voting Breakdown: Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined.  Justice Gorsuch joined as to all but Part II.  Justices Sotomayor, Kagan, Barrett, and Jackson joined as to Part II. Justice Barrett filed an opinion dissent­ing in part, in which Justices Sotomayor, Kagan, and Jackson joined.Link to Opinion: Here.Oral Advocates:For petitioner: Tara M. Steeley, Deputy City Attorney, San Francisco, Cal. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. CWebsite Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: CC/Devas Ltd. v. Antrix Corp. Ltd. | Case No. 23-1201 | Date Argued: 3/3/25Link to Docket: Here.Questions Presented:Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act.The question presented in Antrix Corp. Ltd. is: Under the Foreign Sovereign Immunities Act, "[p]ersonal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title." 28 U.S.C. § 1330(b).Holding: Personal jurisdiction exists under the FSIA when an immunity exception applies and service is proper. The FSIA does not require proof of “minimum contacts” over and above the contacts already required by the Act’s enumerated exceptions to foreign sovereign immunity.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Alito delivered the opinion for a unanimous Court.Link to Opinion: Here.Oral Advocates:For petitioner in 24-17: Aaron Streett, Houston, Tex. For petitioners in 23-1201: Matthew D. McGill, Washington, D.C. For United States, as amicus curiae supporting petitioners: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Carter G. Phillips, Washington, D.C. Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: BLOM Bank SAL v. Honickman | Case No. 23-1259 | Date Argued: 3/3/25Link to Docket: Here.Background:For more than 70 years, this Court has "required a movant seeking relief under Rule 60(b)(6)" of the Federal Rules of Civil Procedure "to show 'extraordinary circumstances' justifying the reopening of a final judgment." Gonzalez v. Crosby, 545 U.S. 524, 535 (2005) (quoting Ackermann v. United States, 340 U.S. 193, 199 (1950)). This Court has also stressed that a movant must be "faultless" to obtain relief. Pioneer Inv. Servs. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 393 (1993). "This very strict interpretation of Rule 60(b) is essential if the finality of judgments is to be preserved." Gonzalez, 545 U.S. at 535 (cleaned up). In this case, Respondents declined multiple invitations and opportunities to amend their complaint. The District Court then dismissed their complaint with prejudice, and the Second Circuit affirmed. Only then did Respondents move to vacate the judgment so they could file an amended complaint. The District Court denied the motion under Rule 60(b)(6)'s well-settled standard. But the Second Circuit reversed, based on an unprecedented "balanc[ing]" test that requires district courts to consider Rule 15(a)'s "liberal pleading principles" when addressing a Rule 60 (b)(6) motion to reopen a judgment for the purpose of filing an amended complaint. Question Presented: Whether Rule 60(b)(6)'s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint.Holding: Relief under Rule 60(b)(6) requires extraordinary circumstances, and this standard does not become less demanding when the movant seeks to reopen a case to amend a complaint. A party must first satisfy Rule 60(b) before Rule 15(a)’s liberal amendment standard can apply.Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Thomas delivered the opinion of the Court, in which Chief Justice Robers and Justices Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Kavanaugh and Barrett joined and in which Justice Jackson joined in all parts but Part III. Justice Jackson filed an opinion concurring in part and concurring in the judg¬ment.Link to Opinion: Here.Oral Advocates:For petitioner: Michael H. McGinley, Washington, D. C.For respondents: Michael J. Radine, Hackensack, N.J.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: Ames v. OH Dept. of Youth Services | Case No. 23-1039 | Date Argued: 2/26/25Link to Docket: Here.Question Presented: Whether, in addition to pleading the other elements of Title VII, a majority-group plaintiff must show "background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority." Holding: The Sixth Circuit’s “background circumstances” rule—which requires members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim—cannot be squared with the text of Title VII or the Court’s precedents.Result: Vacated and remanded.Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous Court. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined.Link to Opinion: Here.Oral Advocates:For petitioner: Xiao Wang, Charlottesville, Va.; and Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: T. Elliot Gaiser, Solicitor General, Columbus, Ohio.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: Waetzig v. Halliburton Energy Services, Inc. | Date Decided: 2/26/25 | Case No. 23-971Link to Docket: Here.Question Presented: Whether a Rule 41 voluntary dismissal without prejudice is a "final judgment, order, or proceeding" under Rule 60(b).Holding: A case voluntarily dismissed without prejudice under Rule 41(a) counts as a “final proceeding” under Rule 60(b). Result: Reversed and remanded.Voting Breakdown: 9-0. Justice Alito delivered the opinion for a unanimous Court. No justice filed a concurring or dissenting opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Vincent Levy, New York, N. Y. For respondent: Matthew D. McGill, Washington, D. C.Website Link to Oral Argument: Here.Podcast Link to Oral Argument: Here.

Case Info: Dewberry Group, Inc. v. Dewberry Engineers Inc. | Date Decided: 2/26/25 | Case No. 23-900Link to Docket: Here.Question Presented: Whether an award of the "defendant's profits" under the Lanham Act, 15 U.S.C. § 1117(a), can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.Holding: In awarding the “defendant’s profits” to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, §1117(a), a court can award only profits ascribable to the “defendant” itself. And the term “defendant” bears its usual legal meaning: the party against whom relief or recovery is sought—here, Dewberry Group. The Engi­neers chose not to add the Group’s affiliates as defendants. Accord­ingly, the affiliates’ profits are not the (statutorily disgorgable) “de­fendant’s profits” as ordinarily understood.Result: Vacated and remanded.Voting Breakdown: Justice Kagan delivered the opinion for a unanimous Court. Justice Sotomayor filed a concurring opinion.Link to Opinion: Here.Oral Advocates:For petitioner: Thomas G. Hungar, Washington, D. C. For United States, as amicus curiae: Nicholas S. Crown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Elbert Lin, Richmond, Va.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Perttu v. Richards | Case No. 23-1324 | Date Argued: 2/25/25Link to Docket: Here.Question Presented: In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim?Oral Advocates:For petitioner: Ann M. Sherman, Solicitor General, Lansing, Mich. For respondent: Lori Alvino McGill, Charlottesville, Va.

Case Info: Esteras v. United States | Case No. 23-7483 | Date Argued: 2/25/25Link to Docket: Here.Background:The supervised-release statute, 18 U.S.C. § 3583(e), lists factors from 18 U.S.C. § 3553(a) for a court to consider when sentencing a person for violating a supervised release condition. In that list, Congress omitted the factors set forth in section 3553(a)(2)(A)-the need for the sentence to reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense. Question Presented: Even though Congress excluded section 3553(a)(2)(A) from section 3583(e)'s list of factors to consider when revoking supervised release, may a district court rely on the section 3553(a)(2)(A) factors when revoking supervised release?Oral Advocates:For Petitioners: Christian J. Grostic, Assistant Federal Public Defender, Cleveland, Ohio. For Respondent: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D.C.

Case Info: Lackey v. Stinnie | Date Decided: 2/25/25 | Case No. 23-621Link to Docket: Here.Questions Presented:Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988. Whether a party must obtain an enduring change in the parties' legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under 42 U.S.C. § 1988.Holding: The plaintiff drivers here—who gained only preliminary injunctive relief before this action became moot—do not qualify as “prevailing part[ies]” eligible for attorney’s fees under §1988(b) because no court conclusively resolved their claims by granting enduring judicial relief on the merits that materially altered the legal relationship between the parties.Result: Reversed and remanded.Voting Breakdown: Chief Justice Roberts delivered the opinion of the Court, in which Justices Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett joined.  Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.Link to Opinion: Here.Oral Advocates: For petitioner: Erika L. Maley, Solicitor General, Richmond, Va.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Brian D. Schmalzbach, Richmond, Va.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Glossip v. Oklahoma | Date Decided: 2/25/25 | Case No. 22-7466Link to Docket: Here.Questions Presented:Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that witness's false testimony about that care and related diagnosis violate the due process of law.Whether the entirety of the suppressed evidence must be considered when  assessing the materiality of  Brady and Napue claims. Whether due process of law requires reversal, where a capital conviction  is so infected with errors that the State no longer seeks to defend it.Holdings:This Court has jurisdiction to review the OCCA’s judgment. The prosecution violated its constitutional obligation to correct false testimony.Result: Reversed and remanded.Voting Breakdown: Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Kagan, Kavanaugh, and Jackson joined and in which Justice Barrett joined as to Part II. Justice Barrett filed an opinion concurring in part and dissenting in part.  Justice Thomas filed a dissenting opinion in which Justice Alito joined and in which Justice Barrett joined as to Parts IV– A–1, IV–A–2, and IV–A–3. Justice Gorsuch took no part in the consideration or decision of the case.Link to Opinion: Here.Oral Advocates:For petitioner: Seth P. Waxman, Washington, D. C. For respondent in support of petitioner: Paul D. Clement, Alexandria, Va. For Court-appointed amicus curiae in support of judgment below: Christopher G. Michel, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Gutierrez v. Saenz | Case No. 23-7809 | Date Argued: 2/24/25Link to Docket: Here.Background:In Reed v. Goertz, 598 U.S. 230 (2023), this Court held that Rodney Reed has standing to pursue a declaratory judgment that Texas's post-conviction DNA statute was unconstitutional because ''Reed suffered an injury in fact," the named defendant "caused Reed's injury," and if a federal court concludes that Texas's statute violates due process, it is "substantially likely that the state prosecutor would abide by such a court order." In this case, a divided panel of the United States Court of Appeals for the Fifth Circuit refused to follow that ruling over a dissent that recognized that this case was indistinguishable from Reed. The majority formulated its own novel test for Article III standing, which requires scouring the record of the parties' dispute and any legal arguments asserted, to predict whether the defendants in a particular case would actually redress the plaintiff’s injury by complying with a federal court's declaratory judgment. Gutierrez v. Saenz, 93 F.4th 267, 274 (5th Cir. 2024). The Fifth Circuit's new test conflicts with Reed and creates a circuit split with the United States Courts of Appeals for the Eighth and Ninth Circuits, which have applied the standing doctrine exactly as this Court directed in Reed. See Johnson v. Griffin, 69 F.4th 506 (8th Cir. 2023); Redd v. Guerrero, 84 F.4th 874 (9th Cir. 2023). Question Presented: Does Article III standing require a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment?Holding: Gutierrez has standing to bring his Section 1983 claim challenging Texas's postconviction DNA testing procedures under the Due Process Clause.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Kagan, Kavanaugh, and Jackson joined, and in which Justice Barrett joined as to all but Part II.B.2. Justice Barrett filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.Link to Opinion: Here.Oral Advocates:For petitioner: Anne E. Fisher, Assistant Federal Defender, Philadelphia, Pa.For respondents: William F. Cole, Deputy Solicitor General, Austin, Tex.

Case Info: Wisconsin Bell, Inc. v. United States ex rel. Heath | Date Decided: 2/21/25 | Case No. 23-1127Link to Docket: Here.Question Presented: Whether reimbursement requests submitted to the E-rate program are "claims" under the False Claims Act.Holding: The E-Rate reimbursement requests at issue are “claims” under the False Claims Act because the Government “provided” (at a minimum) a “por­tion” of the money applied for by transferring more than $100 million from the Treasury into the Fund.Result: Affirmed and remanded.Voting Breakdown: Justice Kagan delivered the opinion for a unanimous Court. Justice Thomas filed a concurring opinion, in which Justice Kavanaugh joined, and in which Justice Alito joined as to Part I. Justice Kavanaugh filed a concurring opinion, in which Justice Thomas joined.Link to Opinion: Here.Oral Advocates: For petitioner: Allyson N. Ho, Dallas, Tex. For respondent: Tejinder Singh, Washington, D. C.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Williams v. Reed | Date Decided: 2/21/25 | Case No. 23-191Link to Docket: Here.Question Presented: Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court.Holding: Where a state court’s application of a state exhaustion require­ment in effect immunizes state officials from §1983 claims challenging delays in the administrative process, state courts may not deny those §1983 claims on failure-to-exhaust grounds. Result: Reversed and remanded.Voting Result: Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson joined. Justice Thomas filed a dissenting opinion, in which Justices Alito, Gorsuch and Barrett joined as to Part II.Link to Opinion: Here.Oral Advocates: For petitioners: Adam G. Unikowsky, Washington, D. C. For respondent: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Hungary v. Simon | Date Decided: 2/21/25 | Case No. 23-867Link to Docket: Here.Questions Presented:Whether historical commingling of assets suffices to establish that  proceeds of seized property have a commercial nexus with the United States under the  expropriation exception to the Foreign Sovereign Immunities Act.Whether a plaintiff must make out a valid claim that an exception to the  Foreign Sovereign Immunities Act applies at the pleading stage, rather than merely raising a plausible inference.Whether a sovereign defendant bears the burden of producing evidence to  affirmatively disprove that the proceeds of property taken in violation of international law  have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act.Holding: Alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the FSIA’s expropriation exception.Result: Vacated and remanded.Voting Breakdown: Justice Sotomayor delivered the opinion for a unanimous Court.Link to Opinion: Here. Oral Advocates:For petitioners: Joshua S. Glasgow, Buffalo, N. Y.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Cunningham v. Cornell University | Case No. 23-1007 | Date Argued: 1/22/25Link to Docket: Here.Background:The Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1106(a)(1) (C), prohibits a plan fiduciary from "engag[ing] in a transaction, if he knows or should know that such transaction constitutes a direct or indirect furnishing of goods, services, or facilities between the plan and a party in interest." The statute elsewhere defines "party in interest" broadly to include a variety of parties that may contract with or provide services to a plan. See 29 U.S.C. § 1002(14)(B). The Eighth and Ninth Circuits have applied the Seventh, and Tenth Circuits have, on the other hand, required plaintiffs to allege additional elements to state a claim, because a "literal reading" of 29 U.S.C. § 1106(a)(1)(C) would purportedly produce "results that are inconsistent with ERISA's statutory purpose." Albert v. Oshkosh Corp., 47 F.4th 570, 585 (7th Cir. 2022). Question Presented: Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision's text.Holding: To state a claim under §1106(a)(1)(C), a plaintiff need only plausi­bly allege the elements contained in that provision itself, without ad­dressing potential §1108 exemptions.Result: Reversed and remanded.Voting Breakdown: Justice Sotomayor delivered the opinion for a unanimous Court. Justice Alito filed a concurring opinion, in which Justice Thomas and Justice Kavanaugh joined.Link to Opinion: Here.Advocates:For petitioners: Xiao Wang, Charlottesville, Va.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)For respondents: Nicole A. Saharsky, Washington, D.C.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

Case Info: Barnes v. Felix | Case No. 23-1239 | Date Argued: 1/22/25 | Date Decided: 5/15/25Link to Docket: Here.Background:The Fourth Amendment prohibits a police officer from using "unreasonable" force. U.S. Const. amend. IV. In Graham v. Connor, this Court held that reasonableness depends on "the totality of the circumstances." 490 U.S. 386, 396 (1989) (quotation marks omitted). But four circuits-the Second, Fourth, Fifth, and Eighth-cabin Graham. Those circuits evaluate whether a Fourth Amendment violation occurred under the "moment of the threat doctrine," which evaluates the reasonableness of an officer's actions only in the narrow window when the officer's safety was threatened, and not based on events that precede the moment of the threat. In contrast, eight circuits-the First, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits-reject the moment of the threat doctrine and follow the totality of the circumstances approach, including evaluating the officer's actions leading up to the use of force. In the decision below, Judge Higginbotham concurred in his own majority opinion, explaining that the minority approach "lessens the Fourth Amendment's protection of the American public" and calling on this Court "to resolve the circuit divide over the application of a doctrine deployed daily across this country." Pet. App. 10a-16a (Higginbotham, J., concurring). Question Presented: Whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment.Holding: A claim that a law enforcement officer used excessive force during a stop or arrest is analyzed under the Fourth Amendment, which re­quires that the force deployed be objectively reasonable from the per­spective of a reasonable officer at the scene. The inquiry into the reasonableness of police force re­quires analyzing the totality of the circumstances. That analysis demands careful attention to the facts and circum­stances relating to the incident. Most notable here, the totality of the circumstances inquiry has no time limit.Result: Vacated and remanded.Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justice Kavanaugh filed a concurring opinion, in which Justices Thomas, Alito, and Barrett joined.Link to Opinion: Here.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.Oral Advocates:For petitioner: Nathaniel A.G. Zelinsky, Washington, D. C.; and Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Charles L. McCloud, Washington, D. C.; and Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex. (for Texas, et al., as amici curiae.)

Case Info: McLaughlin Chiropractic Assoc. v. McKesson Corp. | Case No. 23-1226 | Date Argued: 1/21/25Link to Docket: Here.Question Presented: Whether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act.Holding: The Hobbs Act does not bind district courts in civil enforcement proceedings to an agency's interpretation of a statute. District courts must independently determine the law's meaning under ordinary principles of statutory interpretation while affording appropriate respect to the agency's interpretation.Result: Reversed and remanded.Voting Breakdown: 6-3. Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Gorsuch and Barrett joined. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.Oral Advocates:For Petitioner: Matthew W.H. Wessler, Washington, D.C. For Respondents: Joseph R. Palmore, Washington, D.C.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)

Case Info: FDA v. R.J. Reynolds Vapor Co. | Case No. 23-1187 | Date Argued: 1/21/25Link to Docket: Here.Background:The Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, Div. A, 123 Stat. 1776, requires a person to obtain authorization from the Food and Drug Administration (FDA) before introducing a new tobacco product into interstate commerce. If FDA denies an application for authorization, "any person adversely affected by such * * * denial may file a petition for judicial review of such * * * denial with the United States Court of Appeals for the District of Columbia or for the circuit in which such person resides or has their principal place of business." 21 U.S.C. 387l(a)(l). The U.S. Court of Appeals for the Fifth Circuit has determined that a manufacturer may seek judicial review in that circuit even if it neither resides nor has its principal place of business there, so long as its petition is joined by a seller of its products, such as a gas station or convenience store, based in the circuit. Question Presented: Whether a manufacturer may file a petition for review in a circuit (other than the D.C. Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer's products that is located within that circuit.Holding: Retailers who would sell a new tobacco product if not for the FDA's denial order may seek judicial review of that order under § 387l(a)(1).Result: Affirmed and remanded. Voting Breakdown: 7-2. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kagan, Gorsuch and Kavanaugh joined. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.Link to Opinion: Here.Oral Advocates:For Petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For Respondents: Ryan J. Watson, Washington, D.C.

Case Info: TikTok Inc. v. Garland | Date Decided: 1/17/25 | Case No. 24–656Link to Docket: Here.Question Presented: Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to Petitioners, violates the First Amendment.Holding: The challenged provisions do not violate petitioners’ First Amendment rights.Result: Affirmed.Voting Breakdown: The Supreme Court wrote a Per Curiam unanimous opinion. Justice Sotomayor wrote an opinion that concurred in part and concurred in the judgment. Justice Gorsuch wrote an opinion that concurred in the judgment.Link to Opinion: Here.Oral Advocates:For petitioners TikTok Inc., et al.: Noel J. Francisco, Washington, D. C. For petitioners Firebaugh, et al.: Jeffrey L. Fisher, Melo Park, Cal. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.Website Link to Oral Argument: Here.Apple Podcast Link to Oral Argument: Here.

Case Info: Free Speech Coalition v. Paxton | Case No. 23-1122 | Date Argued: 1/15/25Link to Docket: Here.Background:This Court has repeatedly held that States may rationally restrict minors' access to sexual materials, but such restrictions must withstand strict scrutiny if they burden adults' access to constitutionally protected speech. See, e.g., Ashcroft v. ACLU, 542 U.S. 656, 663 (2004). In the decision below, the Fifth Circuit applied rational-basis review-rather than strict scrutiny-to vacate a preliminary injunction of a provision of a Texas law that significantly burdens adults' access to protected speech, because the law's stated purpose is to protect minors. Question Presented: Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done.Oral Advocates:For Petitioners: Derek L. Shaffer, Washington, D.C. For United States, as amicus curiae: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.For Respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.