Issue: (1) Whether the petitioners have standing to advance the
claim that the mandate by the Department of Health and Human Services requiring them to provide their employees with abortion-inducing drugs, contraceptive drugs or devices, and sterilization violates the Religious
Freedom Restoration Act (“RFRA”) by forcing
individual business owners to violate their
religious beliefs when governing the corporation
through which they do business upon pain of ruinous
consequences; and (2) whether the mandate imposes a substantial
burden on petitioners’ exercise of religion within
the meaning of the RFRA by coercing them to violate their religious
convictions when conducting business upon
pain of ruinous consequences.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.