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October Term 2023

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October Sitting

Pulsifer v. U.S., No. 22-340 [Arg: 10.2.2023 Trans.; Decided 3.15.2024]
Holding: A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U.S.C. § 3553(f)(1) only if the defendant satisfies each of the provision’s three conditions.
Holding: Congress’ statutory authorization allowing the Consumer Financial Protection Bureau to draw money from the earnings of the Federal Reserve System to carry out the bureau’s duties, 12 U.S.C. §§ 5497(a)(1), (2), satisfies the appropriations clause.
Acheson Hotels, LLC v. Laufer, No. 22-429 [Arg: 10.4.2023 Trans.; Decided 12.5.2023]
Holding: Because Deborah Laufer voluntarily dismissed her pending suits under the Americans with Disabilities Act of 1990, Laufer’s case against Acheson is moot.
Murray v. UBS Securities, LLC, No. 22-660 [Arg: 10.10.2023 Trans.; Decided 2.8.2024]
Holding: A whistleblower seeking to invoke the protections of the Sarbanes-Oxley Act must prove that their protected activity was a contributing factor in the employer’s unfavorable personnel action, but need not prove that the employer acted with “retaliatory intent.”
Holding: Choice-of-law provisions in maritime contracts are presumptively enforceable under federal maritime law, with narrow exceptions not applicable in this case.
Holding: Because the district court’s finding that race predominated in the design of South Carolina’s first congressional district was clearly erroneous, the district court’s racial-gerrymandering and vote-dilution holdings cannot stand.

November Sitting

Culley v. Marshall, No. 22-585 [Arg: 10.30.2023 Trans.; Decided 5.9.2024]
Holding: In civil forfeiture cases involving personal property, the due process clause requires a timely forfeiture hearing but does not require a separate preliminary hearing.
Lindke v. Freed, No. 22-611 [Arg: 10.31.2023 Trans.; Decided 3.15.2024]
Holding: A public official who prevents someone from commenting on the official’s social-media page engages in state action under 42 U.S.C. § 1983 only if the official both (1) possessed actual authority to speak on the state’s behalf on a particular matter, and (2) purported to exercise that authority when speaking in the relevant social-media posts.
O’Connor-Ratcliff v. Garnier, No. 22-324 [Arg: 10.31.2023 Trans.; Decided 3.15.2024]
Holding: The U.S. Court of Appeals for the 9th Circuit’s judgment — that 42 U.S.C. § 1983’s state-action requirement was satisfied because of the “close nexus” between petitioners’ social media pages and their positions as public officials — is vacated, and the case is remanded in light of Lindke v. Freed.
Vidal v. Elster, No. 22-704 [Arg: 11.1.2023 Trans.; Decided 6.13.2024]
Holding: The Lanham Act’s names clause — which prohibits the registration of a mark that “[c]onsists of or comprises a name ... identifying a particular living individual except by his written consent” — does not violate the First Amendment.
Holding: A consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for defying the terms of the Fair Credit Reporting Act.
U.S. v. Rahimi, No. 22-915 [Arg: 11.7.2023]
Issue(s): Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.
Rudisill v. McDonough, No. 22-888 [Arg: 11.8.2023 Trans.; Decided 4.16.2024]
Holding: Servicemembers who, through separate periods of service, accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to 38 U.S.C. § 3695(a)’s 48-month aggregate-benefits cap.

December Sitting

Brown v. U.S., No. 22-6389 [Arg: 11.27.2023 Trans.; Decided 5.23.2024]
Holding: For purposes of the Armed Career Criminal Act’s 15-year mandatory minimum sentence on certain defendants with three or more previous convictions, a state drug conviction counts as an ACCA predicate if it involved a drug on the federal schedules at the time of that conviction.
McElrath v. Georgia, No. 22-721 [Arg: 11.28.2023 Trans.; Decided 2.21.2024]
Holding: The jury’s verdict that the defendant was not guilty by reason of insanity of malice murder constituted an acquittal for double jeopardy purposes notwithstanding any inconsistency with the jury’s other verdicts.
Wilkinson v. Garland, No. 22-666 [Arg: 11.28.2023 Trans.; Decided 3.19.2024]
Holding: The Immigration Judge’s discretionary decision that Situ Kamu Wilkinson failed to satisfy 8 U.S.C. § 1229b(b)(1)(D)’s “exceptional and extremely unusual” hardship standard for determining eligibility for cancellation of removal is a mixed question of law and fact, reviewable under Section 1252(a)(2)(D)’s jurisdiction restoring exception for “questions of law”; the U.S. Court of Appeals for the 3rd Circuit’s holding that the IJ’s decision was unreviewable under Section 1252(a)(2)(B)(i) was in error.
Issue(s): (1) Whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; and (3) whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.
Issue(s): Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent.
Moore v. U.S., No. 22-800 [Arg: 12.5.2023]
Issue(s): Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
Holding: An employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.

January Sitting

Campos-Chaves v. Garland, No. 22-674 [Arg: 1.8.2024 Trans.; Decided 6.14.2024]
Holding: Because each of the aliens in this case received a proper notice for the removal hearings they missed and at which they were ordered removed from the United States, see 8 U.S.C. § 1229(a), they cannot seek rescission of their in absentia removal orders on the basis of defective notice under Section 1229a(b)(5)(C)(ii).
Holding: The government failed to meet its burden to demonstrate that Yonas Fikre’s removal from the government’s No Fly List mooted his 42 U.S.C. § 1983 case because its declaration did not disclose the conduct that landed Fikre on the No Fly List and did not ensure that he would not be placed back on the list for engaging in the same or similar conduct in the future.
Holding: The Fifth Amendment’s takings clause does not distinguish between legislative and administrative land-use permit conditions.
Holding: Prospective parity — i.e., requiring equal fees for otherwise identical Chapter 11 debtors going forward — is the appropriate remedy for the short-lived and small disparity created by the fee statute held unconstitutional in Siegel v. Fitzgerald.
Smith v. Arizona, No. 22-899 [Arg: 1.10.2024]
Issue(s): Whether the confrontation clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst.
Holding: Pure omissions are not actionable under SEC Rule 10b–5(b), which makes it unlawful to omit material facts in connection with buying or selling securities when that omission renders “statements made” misleading.
Devillier v. Texas, No. 22-913 [Arg: 1.16.2024 Trans.; Decided 4.16.2024]
Holding: Owners of property north of U. S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law.
Issue(s): Whether the court should 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.
Issue(s): Whether the court should 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.

February Sitting

Trump v. Anderson, No. 23-719 [Arg: 2.8.2024 Trans.; Decided 3.4.2024]
Holding: Because the Constitution makes Congress, rather than the states, responsible for enforcing Section 3 of the 14th Amendment against federal officeholders and candidates, the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot.
Issue(s): Whether a plaintiff’s Administrative Procedure Act claim “first accrues” under 28 U.S.C. § 2401(a) when an agency issues a rule — regardless of whether that rule injures the plaintiff on that date — or when the rule first causes a plaintiff to “suffer[] legal wrong” or be “adversely affected or aggrieved.”
Holding: A transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the Federal Arbitration Act.
Issue(s): (1) Whether the court should 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.
Warner Chappell Music v. Nealy, No. 22-1078 [Arg: 2.21.2024 Trans.; Decided 5.9.2024]
Holding: The Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.
Moody v. NetChoice, LLC, No. 22-277 [Arg: 2.26.2024]
Issue(s): (1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment.
NetChoice, LLC v. Paxton, No. 22-555 [Arg: 2.26.2024]
Issue(s): Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements.
McIntosh v. U.S., No. 22-7386 [Arg: 2.27.2024 Trans.; Decided 4.17.2024]
Holding: A district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s requirement to enter a preliminary order imposing criminal forfeiture before sentencing does not bar a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate review.
Cantero v. Bank of America, No. 22-529 [Arg: 2.27.2024 Trans.; Decided 5.30.2024]
Holding: The U.S. Court of Appeals for the 2nd Circuit failed to analyze whether New York’s interest-on-escrow law is preempted as applied to national banks in a manner consistent with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and Barnett Bank of Marion Cty., N. A. v. Nelson.
Garland v. Cargill, No. 22-976 [Arg: 2.28.2024 Trans.; Decided 6.14.2024]
Holding: The Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing a rule that classifies a bump stock as a “machinegun” under 26 U.S.C. § 5845(b).
Coinbase v. Suski, No. 23-3 [Arg: 2.28.2024 Trans.; Decided 5.23.2024]
Holding: Where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs.

March Sitting

Murthy v. Missouri, No. 23-411 [Arg: 3.18.2024]
Issue(s): (1) Whether respondents have Article III standing; (2) whether the government’s challenged conduct transformed private social media companies’ content-moderation decisions into state action and violated respondents’ First Amendment rights; and (3) whether the terms and breadth of the preliminary injunction are proper.
Holding: The NRA plausibly alleged that former superintendent of the New York Department of Financial Services Maria Vullo violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress the NRA’s gun-promotion advocacy.
Diaz v. U.S., No. 23-14 [Arg: 3.19.2024]
Issue(s): 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.
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.
Gonzalez v. Trevino, No. 22-1025 [Arg: 3.20.2024]
Issue(s): (1) 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 (2) whether Nieves is limited to individual claims against arresting officers for split-second arrests.
Issue(s): Whether the court should deny the motion by Texas, New Mexico, and Colorado for entry of a proposed consent decree that would resolve this dispute over the United States' claim as intervenors that New Mexico violated the Rio Grande Compact without the United States’ consent.
Issue(s): 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.
Harrow v. Department of Defense, No. 23-21 [Arg: 3.25.2024 Trans.; Decided 5.16.2024]
Holding: Title 5 U.S.C. § 7703(b)(1)’s 60-day filing deadline for a federal employee to petition the Federal Circuit to review a final decision of the Merit Systems Protection Board is not jurisdictional.
Holding: Plaintiffs lack Article III standing to challenge the Food and Drug Administration’s regulatory actions regarding mifepristone.
Erlinger v. U.S., No. 23-370 [Arg: 3.27.2024]
Issue(s): 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.
Holding: A corporation’s contractual obligation to redeem shares is not necessarily a liability that reduces a corporation’s value for purposes of the federal estate tax.

April Sitting

Snyder v. U.S., No. 23-108 [Arg: 4.15.2024]
Issue(s): Whether section 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.
Issue(s): Whether Fourth Amendment malicious-prosecution claims are governed by the charge-specific rule, under which a malicious prosecution claim can proceed as to a baseless criminal charge even if other charges brought alongside the baseless charge are supported by probable cause, or by the “any-crime” rule, under which probable cause for even one charge defeats a plaintiff’s malicious-prosecution claims as to every other charge, including those lacking probable cause.
Fischer v. U.S., No. 23-5572 [Arg: 4.16.2024]
Issue(s): Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence.
Thornell v. Jones, No. 22-982 [Arg: 4.17.2024 Trans.; Decided 5.30.2024]
Holding: The U.S. Court of Appeals for the 9th Circuit’s grant of habeas relief on Danny Lee Jones’s ineffective assistance of counsel claim was based on an erroneous interpretation and application of Strickland v. Washington.
Issue(s): Whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment.
Smith v. Spizzirri, No. 22-1218 [Arg: 4.22.2024 Trans.; Decided 5.16.2024]
Holding: When a district court finds that a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding pending arbitration, Section 3 of the Federal Arbitration Act compels the court to issue a stay, and the court lacks discretion to dismiss the suit.
Department of State v. Muñoz, No. 23-334 [Arg: 4.23.2024]
Issue(s): (1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and (2) whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under 8 U.S.C. § 1182(a)(3)(A)(ii) suffices to provide any process that is due.
Starbucks Corp. v. McKinney, No. 23-367 [Arg: 4.23.2024 Trans.; Decided 6.13.2024]
Holding: When considering the National Labor Relations Board’s request for a preliminary injunction under Section 10(j) of the National Labor Relations Act, district courts must apply the traditional four factors articulated in Winter v. Natural Resources Defense Council, Inc.
Moyle v. U.S., No. 23-726 [Arg: 4.24.2024]
Issue(s): Whether the Supreme Court should stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act preempts it.
Trump v. U.S., No. 23-939 [Arg: 4.25.2024]
Issue(s): Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.

Cases dismissed from merits docket

Issue(s): Whether individual members of Congress have Article III standing to sue an executive agency to compel it to disclose information that the members have requested under 5 U.S.C. § 2954.