Episodes
A case in which the Court will decide whether 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions.
Published 04/15/24
A case in which the Court will decide whether a Fourth Amendment malicious-prosecution claim can proceed as to a baseless criminal charge so long as other charges brought alongside the baseless charge are supported by probable cause.
Published 04/15/24
A case in which the Court will decide whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act.
Published 03/27/24
A case in which the Court will decide whether the proceeds of a life insurance policy taken out by a closely held corporation on a shareholder in order to facilitate the redemption of the shareholder’s stock should be considered a corporate asset when calculating the value of the shareholder’s shares for purposes of the federal estate tax.
Published 03/27/24
A case in which the Court will resolve a challenge to the Food and Drug Administration’s 2016 and 2021 approval of the abortion drug mifepristone.
Published 03/26/24
A case in which the Court will decide whether the 60-day filing deadline in 5 U.S.C. § 7703(b)(1)(A) is jurisdictional.
Published 03/25/24
A case in which the Court will decide whether the Indian Health Service must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties.
Published 03/25/24
A case in which the Court will decide whether to approve a consent decree resolving claims among Colorado, Texas, and New Mexico over the delivery of water from the Rio Grande Basin to Elephant Butte.
Published 03/20/24
A case in which the Court will decide whether the probable-cause exception in Nieves v. Barlett can be satisfied by objective evidence other than specific examples of arrests that never happened; and whether Nieves is limited to individual claims against arresting officers for split-second arrests.
Published 03/20/24
A case in which the Court will decide whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a plan of reorganization under Chapter 11 of the Bankruptcy Code.
Published 03/19/24
A case in which the Court will decide whether, in a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—Federal Rule of Evidence 704(b) permits a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters.
Published 03/19/24
A case in which the Court will decide whether a New York regulator’s discouragement of companies from doing business with the National Rifle Association after the Parkland school shooting constitutes coercion in violation of the First Amendment.
Published 03/18/24
A case in which the Court will decide whether the government’s requests to large social media companies that they take steps to prevent the dissemination of purported misinformation constituted coercion and thus transformed those private companies’ content-moderation decisions into state action and violated users’ First Amendment rights.
Published 03/18/24
A case in which the Court will decide whether a bump stock device is a “machinegun” as defined in 26 U.S.C. § 5845(b).
Published 02/28/24
A case in which the Court will decide whether, when parties enter into an arbitration agreement with a delegation clause, an arbitrator or a court decides whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation.
Published 02/28/24
A case in which the Court will decide whether a district court can enter a criminal forfeiture order when the time limit specified in the Federal Rules of Criminal Procedure has already passed.
Published 02/27/24
A case in which the Court will decide whether the National Bank Act preempts the application of state escrow-interest laws to national banks.
Published 02/27/24
A case in which the Court will decide whether a state law restricting social media platforms from engaging in editorial choices about whether, and how, to publish and disseminate speech and requiring them to submit to onerous operational and disclosure requirements violates the First Amendment.
Published 02/26/24
A case in which the Court will decide whether Florida S.B. 7072’s content-moderation restrictions comply with the First Amendment; and whether the law’s individualized-explanation requirements comply with the First Amendment.
Published 02/26/24
A case in which the Court will decide (1) whether to stay the Environmental Protection Agency’s federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule are reasonable regardless of the number of states subject to the rule.
Published 02/21/24
A case in which the Court will decide whether a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.
Published 02/21/24
A case in which the Court will decide whether, to be exempt from the Federal Arbitration Act, a class of workers that is actively engaged in interstate transportation must also be employed by a company in the transportation industry.
Published 02/20/24
A case in which the Court will decide whether a plaintiff’s Administrative Procedure Act claim “first accrues” under 28 U.S.C. § 2401(a) when an agency issues a rule or when the rule first causes harm to the plaintiff.
Published 02/20/24
A case in which the Court will decide whether Section Three of the Fourteenth Amendment disqualifies Donald Trump from being listed on the 2024 presidential primary ballot.
Published 02/08/24
A case in which the Court will decide whether to overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.
Published 01/17/24