24-755 |
Slaybaugh v. Rutherford County, Tennessee |
Whether a common law
privilege to access property categorically absolves the
government’s duty of just compensation for property
it physically destroys. |
24-753 |
Coria v. Bondi |
Whether the Immigration and Nationality Act, which states that that “no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed [specified] criminal offenses” but clarifies that this jurisdiction-stripping provision does not preclude review “of constitutional claims or questions of law,” bars judicial review of collateral facts that do not bear on the merits of a final order of removal itself. |
24-724 |
The Hain Celestial Group v. Palmquist |
(1) 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 (2) whether a plaintiff may defeat diversity jurisdiction after removal by amending the complaint to add factual allegations that state a colorable claim against a non-diverse party when the complaint at the time of removal did not state such a claim. |
24-714 |
T.W. v. New York State Board of Law Examiners |
Whether a plaintiff who suffers ongoing harm caused by a state official’s prior unlawful conduct is subject to an “ongoing violation” of federal law and so able to seek an injunction under Ex parte Young, or that decision's ongoing-violation requirement instead demands that a plaintiff show that the state official’s continuing actions are independently unlawful. |
24-699 |
Exxon Mobil Corp. v. Corporación Cimex, S.A. |
Whether the Helms-Burton Act abrogates foreign sovereign immunity in cases against Cuban instrumentalities, or whether parties proceeding under that act must also satisfy an exception under the Foreign Sovereign Immunities Act. |
24-695 |
Cool v. Jackson |
Whether this court has clearly required state courts to reopen the mitigation evidence in every death-penalty remand, even if the error did not affect the defendant’s
opportunity to submit mitigation evidence. |
24-686 |
Young v. Swaney |
Whether a certificate of appealability may be granted
under 28 U.S.C. § 2253(c) when the issue that the petitioner wishes to present on appeal has been resolved
against him by binding circuit precedent but in his favor
by another federal court of appeals. |
24-685 |
McBrine v. U.S. |
(1) Whether plaintiffs who bring actions against the United States under the Camp Lejeune Justice Act of 2022 have the right to trial by jury; and (2) whether parties who have been denied a statutory right to trial by jury may categorically obtain mandamus relief. |
24-684 |
Meadors v. Erie County Board of Elections |
Whether the “capable of repetition, yet evading
review” doctrine requires plaintiffs in election law cases
to predict and articulate specific plans for their own future
electoral participation, or instead it is sufficient to show that the challenged law will
continue to affect voters and candidates in future
elections. |
24-683 |
Energetic Tank v. U.S. |
Whether Feres v. United States should be extended to bar claims under statutes other than the Federal Tort Claims Act. |
24-678 |
Wheeler v. U.S. |
Whether Congress violated the Fifth Amendment’s
due process clause when it deprived servicemembers
facing criminal prosecutions of the right to be tried by
a panel of fellow servicemembers. |
24-670 |
Bowers Development, LLC v. Oneida County Industrial Development Agency |
(1) Whether the public use clause of the Fifth Amendment requires something more than minimal rational-basis review when the government takes land from one private owner to give it to a specifically identified private owner outside the context of a comprehensive economic-redevelopment plan; and (2) whether Kelo v. City of New London should be overruled. |
24-669 |
Castaneda-Martinez v. Garland |
Whether issues resolved sua sponte by the Board of Immigration Appeals are exhausted under 8 U.S.C. § 1252(d)(1) for
purposes of judicial review. |
24-645 |
Juliana v. U.S. |
(1) Whether, when plaintiffs have established their ongoing injuries are traceable to defendants’ policies and practices, Article III of the Constitution requires a particularized factual determination of whether a federal agency or official will redress plaintiffs’ injuries following a favorable declaratory judgment that resolves the constitutional controversy; and (2) whether exceptions exist to the three demanding conditions for mandamus articulated in Cheney v. U.S. District Court for District of Columbia. |
24-642 |
Jeffery v. City of New York |
(1) Whether the constitutionality of the largest mass
curfew in American history can be determined at the
pleading stage, in the absence of record evidence, based
solely upon the government’s declaration of an emergency; and (2) whether the factual predicate required to scrutinize an abridgment of fundamental rights can be exclusively supplied by judicially noticing “facts” contained in news and media coverage. |
24-631 |
Hamso v. M.H. |
(1) Whether a policy declining coverage for sex-reassignment surgeries violates the equal protection clause of the 14th Amendment; and (2) whether clearly established law as of July 2022 held that a policy declining coverage for sex-reassignment surgeries violates the equal protection clause. |
24-628 |
BNP Paribas SA v. Kashef |
Whether the courts of appeals have discretion under Federal Rule of Civil Procedure 23(f) to grant interlocutory review solely because a district court’s class-certification order is manifestly erroneous. |
24-626 |
F.W. Webb Company v. Su |
Whether the U.S. Court of Appeals for the 1st Circuit's judicially
created “relational analysis” test can be used to decide the administrative exemption from the Fair Labor Standards Act's overtime rules, in contravention of the secretary of labor’s regulations on the exemption. |
24-621 |
National Republican Senatorial Committee v. Federal Election Commission |
Whether the limits on coordinated party
expenditures in 52 U.S.C. § 30116 violate the First
Amendment, either on their face or as applied to party
spending in connection with “party coordinated
communications” as defined in 11 C.F.R. § 109.37. |
24-601 |
The Doe Run Resources Corporation v. Reid |
(1) Whether the U.S. Court of Appeals for the 8th Circuit erred in denying dismissal
based on international comity, when allowing a U.S.
court to dictate Peruvian environmental standards is
a grave affront to Peruvian sovereignty, and allowing such a claim would threaten to open the doors
of U.S. courts to foreign tort claims lacking any meaningful nexus to the United States; and (2) whether the 8th Circuit erred in holding that the U.S.-Peru Trade Promotion Agreement's language (found in many similar trade agreements) affirmatively requires U.S. courts to adjudicate foreign environmental tort claims. |
24-594 |
Seale v. U.S. |
Whether the certificate of appealability requirement in 28 U.S.C. § 2253(c) bars a court of appeals from exercising jurisdiction over a person's appeal from a district court's refusal to conduct a full resentencing after one of their convictions was vacated on constitutional grounds. |
24-587 |
Scandinavian Airlines System v. Hardy |
Whether the due process clause of the Fifth Amendment authorizes a federal court to exercise specific personal jurisdiction over a foreign corporation in a personal injury action arising from an alleged incident and conduct that occurred wholly outside the United States. |
24-577 |
Perez v. U.S. |
Whether the Fourth Amendment prohibits the
warrantless search of a backpack, piece of luggage, or
other bag carried by an individual at the time of his
arrest once police have secured the bag and eliminated
any possibility of reaching a weapon or evidence inside
it. |
24-576 |
Nutramax Laboratories v. Lytle |
Whether, when a plaintiff seeking to certify a class relies on an expert to establish that classwide issues predominate, the expert testimony must satisfy the requirements for admissibility. |
24-571 |
Young v. U.S. |
(1) Whether, under Honeycutt v. United States, a defendant can be ordered to forfeit property that was intended for and ultimately acquired by her co-conspirator, merely because the property temporarily passed through the defendant’s possession on its way to her co-conspirator; and (2) whether a defendant who is convicted under the Anti-Kickback Statute can be ordered to forfeit proceeds obtained from private health insurers, when such proceeds are not obtained in violation of the statute. |
24-557 |
Villarreal v. Texas |
Whether a trial court abridges a defendant’s
Sixth Amendment right to counsel by prohibiting the
defendant and his counsel from discussing the defendant’s testimony during an overnight recess. |
24-549 |
Grant v. Zorn |
(1) Whether the False Claims Act’s statutory civil penalty must be limited to a single-digit multiplier of the actual damages under the Eighth Amendment, in a non-intervened qui tam action; and (2) whether the Act's prohibition on presenting “false or fraudulent” claims to the government for payment provides two distinct manners of establishing liability, such that a finding of fraudulent claim submissions obviates a finding of falsity. |
24-539 |
Chiles v. Salazar |
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 of the First Amendment. |
24-532 |
Federal Republic of Nigeria v. Zhongshan Fucheng Industrial Investment Co. |
(1) Whether, for interpreting the intentions of treaty parties regarding a word like “person,” extra-textual information such as historical context and contemporary domestic law is a material input in parallel with the textual analysis; and
(2) whether the New York Convention applies for arbitration agreements governing a dispute with a sovereign nation arising out of its role as a sovereign. |
24-524 |
Lighting Defense Group v. SnapRays |
Whether a defendant subjects itself to personal jurisdiction anywhere a plaintiff operates simply because the defendant knows its out-of-forum conduct “would necessarily affect marketing, sales, and other activities” within the forum, even though the defendant has no contacts with the plaintiff or the forum whatsoever. |
24-517 |
Shockley v. Vandergriff |
Whether the U.S. Court of Appeals for the 8th Circuit erred in denying petitioner’s application, over dissent, to appeal the denial of his Sixth Amendment ineffective assistance of counsel claims. |
24-512 |
Korban v. Watson Memorial Spiritual Temple of Christ |
Whether a prior federal judgment precludes state-law claims in a subsequent state- or federal-court action that arise from a common core of facts and that could have been, but were not, raised in the prior
federal action. |
24-510 |
Abbey v. U.S. |
Whether petitioners’ negligence claims “aris[e] out of ... misrepresentation,” and thus are barred by Section 2680(h) of the Federal Tort Claims Act, even though petitioners did not personally rely on an alleged misrepresentation. |
24-504 |
Hoskins v. Withers |
(1) Whether qualified immunity shields government
officials from liability even in cases where they retaliate
against a person for exercising a clearly established
constitutional right; and (2) whether, even assuming a plaintiff must show that
retaliatory conduct is clearly unlawful, qualified immunity
should have been denied because the retaliatory conduct
here was clearly unlawful. |
24-495 |
Konan v. U.S. Postal Service |
(1) Whether federal employees can be liable under the Ku Klux Klan Act; and (2) whether or under what circumstances the intracorporate conspiracy doctrine — which holds that employees of the same entity cannot be liable for conspiracy — applies to the act. |
24-482 |
Ellingburg v. U.S. |
Whether criminal restitution under the Mandatory
Victim Restitution Act is penal for purposes of
the Constitution's ex post facto clause. |
24-474 |
Food and Drug Administration v. SWT Global Supply |
Whether the court of appeals erred in setting aside
the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new e-cigarette products as arbitrary and capricious. |
24-440 |
Berk v. Choy |
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. |
24-427 |
Hittle v. City of Stockton, California |
(1) Whether this court should overrule McDonnell
Douglas Corp. v. Green; and (2) whether step three of the McDonnell Douglas burden-shifting framework requires a plaintiff to disprove the
employer’s proffered reason for the adverse employment
action, when the text of Title VII of the Civil Rights Act of 1964 and Bostock v. Clayton
County provide that an action may
have more than one but-for cause or motivating factor. |
24-351 |
U.S. Postal Service v. Konan |
Whether a plaintiff's claim that she and her tenants
did not receive mail because U.S. Postal Service employees
intentionally did not deliver it to a designated address
arises out of “the loss” or “miscarriage” of letters or
postal matter under the Federal Tort Claims Act. |