When a pension plan calculates how much a departing employer owes “as of the end of the plan year,” must the plan use the financial assumptions it had already adopted by that date, or can it use new assumptions created after that date if they are based on information that was available at year-end?
Does a law that makes it a crime for a licensed concealed carry permit holder to bring a handgun onto private property open to the public—such as a store or restaurant—unless the property owner gives “express authorization” violate the Second Amendment?
Is the New Jersey Transit Corporation an arm of the State of New Jersey for interstate sovereign immunity purposes?
May a state, consistent with the Equal Protection Clause of the Fourteenth Amendment, categorically require sports participants to compete based on their biological sex, rather than gender identity?
Does Title IX or the Equal Protection Clause prohibit a state from assigning students to girls’ and boys’ sports teams based on their biological sex as determined at birth?
Can an oil company being sued in state court for its World War II-era oil production move its case to federal court simply because the oil was produced to meet federal government contracts for wartime fuel—even if the contract did not specifically direct how to produce the oil?
Does Section 47(b) of the ICA, 15 U.S.C. § 80a-46 (b), create an implied private right of action?
When a capital defendant has taken multiple IQ tests with varying results, how should courts evaluate the cumulative effect of those scores to determine whether the defendant has significantly subaverage intellectual functioning under Atkins v. Virginia?
Do FECA 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”?
Do the statutory removal protections for members of the Federal Trade Commission violate the separation of powers?
Does Heck v. Humphrey bar Section 1983 claims for purely prospective relief when the plaintiff has already been punished under the challenged law, and does that bar apply even if the plaintiff lacked access to federal habeas relief?
When the recipient of a state investigatory subpoena demonstrates an objectively reasonable chill of its First Amendment rights, does a federal court lack jurisdiction to hear the case because those constitutional claims must first be resolved in state court?
Can an internet service provider be held liable, and found to have acted willfully, for copyright infringement just because it knew users were infringing and did not terminate their access?
Must a federal court of appeals defer to the BIA’s judgment that a given set of undisputed facts does not demonstrate mistreatment severe enough to constitute “persecution” under 8 U.S.C. § 1101(a)(42)?
Can a federal prisoner use the compassionate release law to get their sentence reduced based on claims that they might be innocent or that their sentence is unfair, even though these same claims would normally have to be raised through habeas corpus?
May a district court, when evaluating a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), consider as an “extraordinary and compelling reason” the fact that a defendant is serving a sentence substantially longer than what would be imposed today due to the First Step Act’s prospective changes to mandatory minimum penalties, particularly where the disparity amounts to decades of additional imprisonment?
May an individual sue a government official in his individual capacity for damages for violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA)?
Is an order denying a government contractor’s claim of derivative sovereign immunity immediately appealable under the collateral-order doctrine?
Does the International Emergency Powers Act, 50 U.S.C. § 1701 (“IEEPA”), authorize the president to impose tariffs?
Must a federal court’s final judgment be set aside if the case did not have complete diversity when it was removed from state court, and can a plaintiff block diversity jurisdiction by updating the complaint after removal to include a valid claim against a nondiverse defendant?
Does Federal Rule of Civil Procedure 60(c)(1) impose any time limit to set aside a void default judgment for lack of personal jurisdiction?
Does Boyle v. United Technologies Corporation, which immunized government contractors from liability under certain circumstances, extend to preempt state tort claims against a government contractor for conduct that breached its contract and violated military orders?
Does the fugitive-tolling doctrine apply in the context of supervised release?
May law enforcement enter a home without a search warrant based on less than probable cause that an emergency is occurring?
1. Does a rule requiring dismissal of repeat claims in state prisoner habeas petitions also apply to repeat claims in federal prisoner motions to vacate their sentences?
2. Does the Court have jurisdiction to review lower court decisions allowing or denying federal prisoners permission to file repeat challenges to their sentences?
Is criminal restitution under the Mandatory Victim Restitution Act (MVRA) penal for purposes of the Ex Post Facto Clause?
Does a claim that Postal Service employees intentionally refused to deliver mail to a designated address arise out of “the loss” or “miscarriage” of postal matter under the Federal Tort Claims Act’s postal-matter exception?
Do federal candidates have Article III standing to challenge state laws that allow mail-in ballots to be received and counted for two weeks after Election Day based on claims that such laws dilute their votes and force them to incur additional campaign expenses for extended ballot monitoring?
Does a Colorado law banning “conversion therapy”—i.e., attempts to “convert” someone’s sexual orientation or gender identity—violate the Free Speech Clause of the First Amendment?
May a defendant who commits a single act that violates two statutory provisions be convicted under both provisions?
Must a Delaware law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit be enforced by a federal court sitting in diversity?
Does a trial court violate a defendant’s Sixth Amendment right to counsel by preventing the defendant and his lawyer from discussing the defendant’s testimony during an overnight break in the trial?
Can a district court issue a nationwide (universal) injunction that blocks enforcement of a federal executive order beyond the specific parties involved in the lawsuit?
1. Are a privately owned and operated school’s educational decisions considered state action simply because the school has a contract with the state to provide free education to students?
2. Does the First Amendment’s Free Exercise Clause prohibit, or the Establishment Clause require, a state to exclude religious schools from its charter-school program?
May a federal court certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury?
1. Does the Supremacy Clause prevent individuals from suing the federal government under the Federal Tort Claims Act when federal employees’ actions, even if negligent or wrongful, are related to carrying out federal policy and can be interpreted as following federal laws?
2. Is the discretionary-function exception, which usually protects the government from being sued for certain decisions made by its employees, always inapplicable when dealing with claims related to law enforcement officers’ actions that fall under the intentional torts category?
Do the Americans with Disabilities Act of 1990 and Rehabilitation Act of 1973 require children with disabilities to satisfy a “bad faith or gross misjudgment” standard when seeking relief for discrimination relating to their education?
When disabled combat veterans claim past-due compensation, should the military use the CRSC statute's rules to calculate how far back they can be paid, or should it use the Barring Act's six-year limit?
Do the fuel producers have Article III standing to challenge the EPA's approval of California regulations that require automakers to manufacture more electric vehicles and fewer gasoline-powered vehicles?
Does 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 become moot when there is no longer a live dispute over the proposed levy that gave rise to the proceeding?
Do 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 without notice or opportunity to opt out?
Does the structure of the U.S. Preventive Services Task Force violate the Constitution’s Appointments Clause, and if so, is the provision that insulates the task force from the Health & Human Services secretary’s supervision severable from the rest of the statute?
Must a party who files a notice of appeal during the period between when their original appeal deadline expired and when the court reopens their time to appeal file a second notice after the reopening is granted?
Does the Medicaid Act’s “any qualified provider” provision unambiguously confer a private right upon a Medicaid beneficiary to choose a specific provider?
Does the Promoting Security and Justice for Victims of Terrorism Act violate the Due Process Clause of the Fifth Amendment?
Does 28 U.S.C. § 2244(b)(2) apply to all second habeas petitions, or only specific types of second petitions?
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?
Did Congress violate the Constitution in the way it delegated power to the FCC to collect Universal Service Fund money, and did the FCC violate the Constitution by letting a private, industry-controlled company make those collection decisions?
Does the U.S. Court of Appeals for the District of Columbia have exclusive jurisdiction to review an Environmental Protection Agency action that affects only one state or region, simply because the EPA published that action alongside actions affecting other states in a single Federal Register notice?
Should challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act’s Renewable Fuel Standard program be heard exclusively in the U.S. Court of Appeals for the D.C. Circuit because the agency’s denial actions are “nationally applicable” or “based on a determination of nationwide scope or effect”?
Does Louisiana’s creation of a second majority-Black congressional district constitute unconstitutional racial gerrymandering, even when drawn in response to a federal court finding that the state’s prior single majority-Black district likely violated Section 2 of the Voting Rights Act?
1. Is 8 U.S.C. § 1252(b)(1)’s 30-day deadline jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited?
2. Can a person obtain review of the Board of Immigration Appeals’ decision in a withholding-only proceeding by filing a petition within 30 days of that decision?
Does Louisiana’s creation of a second majority-Black congressional district constitute unconstitutional racial gerrymandering, even when drawn in response to a federal court finding that the state’s prior single majority-Black district likely violated Section 2 of the Voting Rights Act?
1. Can a nonparty challenge a federal agency’s “final order” under the Hobbs Act’s judicial review provision?
2. Do federal nuclear laws allow the Nuclear Regulatory Commission to license private companies to store spent nuclear fuel at off-reactor sites?
Can U.S. gun manufacturers be held liable for violence in Mexico under theories of proximate causation and aiding and abetting, based on their domestic production and sale of firearms that are later trafficked to Mexican cartels?
Does Federal Rule of Civil Procedure 60(b)(6)’s stringent standard apply to a post-judgment request to vacate for the purpose of filing an amended complaint?
Must plaintiffs prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act?
Does a plaintiff who belongs to a majority group need to demonstrate “background circumstances suggesting that the defendant is the unusual employer who discriminates against the majority” in order to establish a prima facie case of discrimination under Title VII of the Civil Rights Act of 1964?
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?
When revoking supervised release and imposing a prison sentence, may a district court consider the sentencing factors in 18 U.S.C. § 3553(a)(2)(A)—namely, “the seriousness of the offense,” “promot[ing] respect for the law,” and “just punishment”—even though these factors are not explicitly referenced in the supervised release statute?
Does a Texas death-row inmate have standing to sue the state over its refusal to grant access to DNA testing under a law that allows such testing only when the person can demonstrate that exculpatory results would have prevented their conviction?
Can a plaintiff state a claim under ERISA’s provision prohibiting a plan fiduciary from knowingly engaging in transactions with barred parties, solely by alleging that such a transaction took place?
Should courts apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment?
Can retailers who would sell a new tobacco product seek judicial review of the FDA’s denial of a manufacturer’s marketing application under the Tobacco Control Act?
Does the Hobbs Act require a federal district court to accept the Federal Communication Commission’s legal interpretation of the Telephone Consumer Protection Act?
Is a Texas law that requires any website that publishes content one-third or more of which is “harmful to minors” to verify the age of each of its users before providing access subject to “rational basis” review or “strict scrutiny”?
Is a voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41 a “final judgment, order, or proceeding” under Federal Rule 60(b)?
Does the prohibition in 18 U.S.C. § 1014 on making a “false statement” for the purposes of influencing certain financial institutions and federal agencies include making statements that are misleading but not false?
Under the Americans with Disabilities Act, does a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — lose her right to sue over discrimination with respect to those benefits solely because she no longer holds her job?
Does the First Step Act’s sentencing reduction provision apply to a defendant whose original sentence was imposed before the Act’s enactment, but was later vacated and resentenced after the Act took effect?
Does the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to TikTok, violate the First Amendment?
Does an award of the “defendant's profits” under the Lanham Act allow a court to require the defendant to disgorge profits earned by legally separate, non-party corporate affiliates?
Does the National Environmental Policy Act require an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority?
Can deception to induce a commercial exchange constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme?
Is a federal civilian employee called or ordered to active duty under a provision of law during a national emergency entitled to differential pay even if the duty is not directly connected to the national emergency?
Does a Tennessee law restricting certain medical treatments for transgender minors violate the Equal Protection Clause of the 14th Amendment?
1. Does historical commingling of assets suffice 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?
2. Must a plaintiff make out a valid claim that an exception to the FSIA applies at the pleading stage, rather than merely raising a plausible inference?
3. Does a sovereign defendant bear 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 FSIA?
May a bankruptcy trustee avoid a debtor’s tax payment to the United States under 11 U.S.C. § 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy?
Was the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new e-cigarette products arbitrary and capricious, in violation of the Administrative Procedure Act?
What is the proper pleading standard to show knowledge or intent for Private Securities Litigation Reform Act claims that rely on internal company documents?
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 under 8 U.S.C. § 1229c(d)(1)?
Does a crime that requires proof of bodily injury or death, but which can be committed by failing to take action, have as an element the use, attempted use, or threatened use of physical force?
Are risk disclosures false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm?
Does the phrase “entitled… to benefits” include all who meet basic program eligibility criteria, whether or not benefits are actually received?
Is the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption a mere preponderance of the evidence or clear and convincing evidence?
Do reimbursement requests submitted to the Federal Communications Commission's E-rate program qualify as “claims” under the False Claims Act?
Must the U.S. Court of Appeals for Veterans Claims ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b) was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1)?
Does the Clean Water Act allow the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform?
Are economic harms resulting from personal injuries properly considered injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act?
May a visa petitioner obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria?
May Oklahoma carry out the execution of Richard Glossip in light of the prosecutorial misconduct and other errors that affected his conviction and sentencing?
Did the ATF exceed its statutory authority in promulgating its Final Rule purporting to regulate so-called “ghost guns”?
Is a party who obtains a preliminary injunction a “prevailing party” for purposes of being entitled to attorney’s fees under 42 U.S.C § 1988?
Does a Section 1983 claim brought in state court require the plaintiffs to first exhaust state administrative remedies?
Can a plaintiff whose state-court lawsuit has been removed by the defendants to federal court seek to have the case sent back to state court by amending the complaint to omit all references to federal law?
Does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office, and if so, to what extent?
Does the federal Emergency Medical Treatment and Labor Act preempt an Idaho law that criminalizes most abortions in that state?
Does the denial of a visa to the non-citizen spouse of a U.S. citizen infringe on a constitutionally protected interest of the citizen and, if so, did the government properly justify that decision in this case?
What test must courts use to evaluate requests for injunctions under Section 10(j) of the National Labor Relations Act?
Does Section 3 of the Federal Arbitration Act give district courts discretion to dismiss a lawsuit when all claims are subject to arbitration?
Does a city’s enforcement of public camping against involuntarily homeless people violate the Eighth Amendment’s protection against cruel and unusual punishment?
What is the proper methodology for assessing prejudice, for purposes of an ineffective assistance of counsel claim?
Does 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, include acts unrelated to investigations and evidence?
May a Fourth Amendment malicious-prosecution claim proceed as to a baseless criminal charge so long as other charges brought alongside the baseless charge are supported by probable cause?
Does 18 U.S.C. § 666(a)(1)(B) criminalize 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?
Does the Constitution require 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?
Should 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 be considered a corporate asset when calculating the value of the shareholder’s shares for purposes of the federal estate tax?
1. Do respondents have Article III standing to challenge the Food and Drug Administration’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use?
2. Were the FDA’s 2016 and 2021 approvals of mifepristone arbitrary and capricious?
3. Did the district court properly grant preliminary relief?
Must the Indian Health Service 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?
Is the 60-day filing deadline in 5 U.S.C. § 7703(b)(1)(A) jurisdictional and thus not subject to equitable tolling?
Did the Fifth Circuit err in requiring petitioner Sylvia Gonzalez to provide specific comparator evidence to support her retaliatory arrest claim?
May a court enter a consent decree among Texas, New Mexico, and Colorado regarding the Rio Grande Compact without the consent of the United States, who intervened in the action?
Is an insurer with financial responsibility for a bankruptcy claim a “party in interest” that may object to a plan of reorganization under Chapter 11 of the Bankruptcy Code?
Under Federal Rule of Evidence 704(b), may a governmental expert witness testify that couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters to prove that the defendant knew she was carrying illegal drugs?
Did the federal government’s request that private social media companies take steps to prevent the dissemination of purported misinformation transform those companies’ content-moderation decisions into state action and thus violate users’ First Amendment rights?
Does a New York regulator’s discouragement of companies from doing business with the National Rifle Association after the Parkland school shooting constitute coercion in violation of the First Amendment?
Is a bump stock device a “machinegun” as defined in 26 U.S.C. § 5845(b)?
When parties enter into an arbitration agreement with a delegation clause, does an arbitrator or a court decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation?
May a district court enter a criminal forfeiture order when the time limit specified in the Federal Rules of Criminal Procedure has already passed?
When are state laws that regulate national banks preempted under federal law?
Do Florida S.B. 7072’s content-moderation restrictions comply with the First Amendment, and do the law’s individualized-explanation requirements comply with the First Amendment?
Do Texas HB 20’s provisions prohibiting social media platforms from censoring users’ content and imposing stringent disclosure requirements violate the First Amendment?
Under the discovery accrual rule applied by the circuit courts and the Copyright Act’s statute of limitations for civil actions, 17 U.S.C. § 507(b), may a copyright plaintiff recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit?
Should the Court stay the EPA’s federal emissions reduction rule, the Good Neighbor Plan, and are the emissions controls imposed by the rule reasonable regardless of the number of states subject to the rule?
Does a plaintiff’s claim under the Administrative Procedure Act “first accrue” under 28 U.S.C. § 2401(a) when an agency issues a rule, or when the rule first causes harm to the plaintiff?
To be exempt from the Federal Arbitration Act, must a class of workers that is actively engaged in interstate transportation also be employed by a company in the transportation industry?
Does Section Three of the Fourteenth Amendment disqualify Donald Trump from holding the office of President of the United States and thus from appearing on Colorado’s 2024 presidential primary ballot?
1. Does the Magnuson-Stevens Act authorize the National Marine Fisheries Service to promulgate a rule that would require industry to pay for at-sea monitoring programs?
2. Should the Court overrule Chevron v. Natural Resources Defense Council or at least clarify whether statutory silence on controversial powers creates an ambiguity requiring deference to the agency?
1. Should Chevron v. Natural Resources Defense Council be overruled?
2. Does statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute constitute an ambiguity requiring deference to the agency?
May a party sue a state directly under the Takings Clause of the Fifth Amendment?
May a failure to make a disclosure required under Item 303 of SEC Regulation S-K support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement?
Does the Confrontation Clause of the Sixth Amendment permit the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst?
Is a monetary exaction imposed by a local government as a condition for a building permit exempt from the “essential nexus” and “rough proportionality” requirements established in Nollan v. Cal. Coastal Comm’n and Dolan v. City of Tigard, simply because the exaction is authorized by local legislation?
Must the U.S. Trustee issue refunds for the extra fees paid by debtors in certain districts to address the lack of uniformity identified in Siegel v. Fitzgerald?
Does the government provide adequate notice under 8 U.S.C. § 1229(a) when it serves an initial notice document that does not include the “time and place” of proceedings followed by an additional document containing that information?
Are respondent’s claims challenging his placement on the No Fly List moot, given that he was removed from the No Fly List in 2016 and the government provided a sworn declaration stating that he “will not be placed on the No Fly List in the future based on the currently available information”?
Does Title VII of the Civil Rights Act of 1964 prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a signification disadvantage?
Does the 16th Amendment authorize Congress to tax unrealized sums without apportionment among the states?
Does the Bankruptcy Code authorize 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 non-debtors against non-debtor third parties, without the claimants’ consent?
Does the statutory scheme that empowers the Securities and Exchange Commission violate the Seventh Amendment, the nondelegation doctrine, or Article II of the U.S. Constitution?
Is an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual hardship” a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or instead a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i)?
Does the Double Jeopardy Clause of the Fifth Amendment prohibit a second prosecution for a crime of which a defendant was previously acquitted?
Does the "serious drug offense" definition in the Armed Career Criminal Act incorporate the federal drug schedules that were in effect at the time of the federal firearm offense?
Is a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill and the Post-9/11 GI Bill entitled to receive a total of 48 months of education benefits without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit?
Does 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violate the Second Amendment?
Do the civil-liability provisions of the Fair Credit Reporting Act unequivocally and unambiguously waive the sovereign immunity of the United States?
Does the refusal to register a trademark under 15 U.S.C. § 1052(c) when the mark contains criticism of a government official or public figure violate the Free Speech Clause of the First Amendment?
When does a public official’s social media activity constitute state action subject to the First Amendment?
Does a public official engage in state action subject to the First Amendment by blocking an individual from the official’s personal social media account, which the official uses to communicate about job-related matters with the public?
What test must a district court apply when determining whether and when a post-deprivation hearing is required under the Due Process Clause?
Does the South Carolina legislature’s redistricting map, which has the effect of moving tens of thousands of Black voters to a different district, constitute an impermissible racial gerrymander, even if the legislators’ purported intent was merely a political gerrymander?
Is a choice-of-law clause in a maritime contract unenforceable if enforcement would conflict with the “strong public policy” of the state whose law is displaced?
Under 18 U.S.C. § 1514A, must a whistleblower prove his employer acted with “retaliatory intent” as part of his case in chief?
Does an ADA “tester” have Article III standing to challenge a hotel’s failure to provide disability accessibility information on its website, even if she has no plans to visit the hotel?
Does the funding scheme for the Consumer Financial Protection Bureau, which receives funding directly from the Federal Reserve, violate the Appropriations Clause of the Constitution?
Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?
1. Does taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violate the Fifth Amendment’s Takings Clause?
2. Is the forfeiture of property worth far more than needed to satisfy a debt a fine within the meaning of the Eighth Amendment?
Does a foreign plaintiff with no alleged connection to the United States state a cognizable claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act when it suffers an injury to an intangible property?
To preserve the issue for appellate review, must a party reassert in a post-trial motion a purely legal issue rejected at summary judgment?
Does the Bankruptcy Code unequivocally abrogate tribal sovereign immunity?
To establish that a statement is a "true threat" unprotected by the First Amendment, must the government show that the speaker subjectively knew or intended the threatening nature of the statement?
Is a defendant’s contemporaneous subjective understanding about the lawfulness of its conduct relevant to whether it “knowingly” violated the False Claims Act?
Is inconvenience to coworkers an “undue burden” under Title VII of the Civil Rights Act of 1964 such that it excuses an employer from providing an accommodation requested for religious exercise?
Do Sections 11 and 12(a)(2) of the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading?
Is Virginia’s offense of accessory after the fact to a felony an “offense relating to obstruction of justice” under the Immigration and Nationality Act?
Does admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on context violate the Confrontation Clause of the Sixth Amendment?
Does the exception in I.R.C. § 7609(c)(2)(D)(i) to the notice requirements for an Internal Revenue Service summons on third-party recordkeepers apply to a summons for anyone’s records whenever the IRS thinks that person’s records might somehow help it collect a delinquent taxpayer’s liability?
Does a criminal trial’s improper venue as to one count require vacatur of the convictions for other counts?
Does federal criminal sentencing law require a man who was convicted and sentenced for his role in a drug-trafficking-related murder to serve consecutive, rather than concurrent, sentences?
Do Amgen’s two patents satisfy the Patent Act’s enablement clause—that is, describing the invention with sufficient particularity that would enable a “skilled artisan” to “make and use” the claimed invention?
Does the federal prohibition on encouraging or inducing unlawful immigration for commercial advantage or private financial gain violate the First Amendment of the U.S. Constitution?
Is humorous use of another’s trademark as one’s own on a commercial product subject to the Lanham Act’s likelihood-of-confusion analysis, or instead entitled to heightened First Amendment protection?
Does the Lanham Act permit the owner of a U.S.-registered trademark to recover damages for the use of that trademark when the infringement occurred outside the United States and is not likely to cause confusion in the United States?
Does a non-frivolous appeal of the denial of a motion to compel arbitration oust a district court’s jurisdiction to proceed with litigation pending appeal?
Does the 1868 Treaty between the Navajo Nation and the United States impose an affirmative duty on the United States to secure water for the tribe?
Does the U.S. Supreme Court retain exclusive jurisdiction over the allocation of waters of the Colorado River?
May New Jersey unilaterally withdraw from the Waterfront Commission Compact with New York?
1. Do Nebraska and other states have judicial standing to challenge the student-debt relief program?
2. Does the student-debt relief program exceed the statutory authority of the U.S. Secretary of Education, or does it violate the Administrative Procedure Act?
Do these two student-loan borrowers have Article III standing to challenge the Department of Education’s Student Loan Debt Relief Plan?
Is the Plan an unconstitutional exercise of legislative power by the Secretary of the Department of Education?
Does a person commit aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense?
1. Does an internet platform “knowingly” provide substantial assistance under 18 U.S.C. § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use?
2. May an internet platform whose services were not used in connection with the specific “act of international terrorism” that injured the plaintiff still be liable for aiding and abetting under Section 2333?
Does Section 230(c)(1) of the Communications Decency Act immunize interactive computer services when they make targeted recommendations of information provided by another information content provider?
Do the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) require a student to exhaust his administrative proceedings against the school district even when such proceedings would be futile?
Does 8 U.S.C. § 1252(d)(1) bar a court of appeals from reviewing an immigrant’s claim that the Board of Immigration Appeals had engaged in impermissible factfinding because the immigrant had not exhausted that claim through a motion to reconsider?
May the district courts properly exercise subject-matter jurisdiction over the criminal prosecution against Halkbank in this case based on the commercial activity exception to the Foreign Sovereign Immunities Act?
Does the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims?
Does the National Labor Relations Act preempt a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute?
If a communication involves both legal and non-legal advice, when is it protected from disclosure by attorney-client privilege?
Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias?
Under the U.S. Constitution, does the state legislative body, independent of any constraints by state courts or other laws, have sole authority to regulate federal elections?
Can a bankruptcy debtor be held liable for another person’s fraud, even when they were not aware of the fraud?
Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies?
Does application of the Colorado AntiDiscrimination Act to compel an artist to speak or stay silent violate the Free Speech Clause of the First Amendment?
Does Bankruptcy Code Section 363(m) limit the jurisdiction of appellate courts over an order approving the sale of a debtor’s assets or instead simply limit the remedies available on appeal from such an order?
Is the Quiet Title Act’s statute of limitations a jurisdictional requirement or a claim-processing rule?
1. Do the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law?
2. Do the Guidelines violate the Administrative Procedure Act?
3. Does 8 U.S.C. § 1252(f)(1) prevent the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2)?
Can a private citizen who has informal political or other influence over governmental decisionmaking owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud?
Does the Second Circuit’s “right to control” theory of fraud state a valid basis for liability under the federal wire fraud statute?
Do the Indian Child Welfare Act’s restrictions on placement of Native American children violate anti-commandeering principles of the Tenth Amendment?
Does a state registration statute for out-of-state corporations that purports to confer general personal jurisdiction over the registrant violate the Due Process Clause of the Fourteenth Amendment?
May a plaintiff file a federal civil rights claim for violation of the Federal Nursing Home Reform Act, which was enacted under Congress’s Spending Clause power?
Do federal courts have jurisdiction to hear constitutional challenges to the Federal Trade Commission’s structure, procedure, and existence, or must such challenges be raised first in the administrative proceeding?
Does a federal district court have jurisdiction to consider claims challenging the constitutionality of the Securities and Exchange Commission’s administrative proceedings?
Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported?
Is the Arizona Supreme Court’s ruling that a state rule of criminal procedure precluded post-conviction relief an adequate and independent state-law ground for the judgment against him, thereby precluding review by a federal court?
May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction?
May institutions of higher education use race as a factor in admissions?
If so, does Harvard College’s race-conscious admissions process violate Title VI of the Civil Rights Act of 1964?
May institutions of higher education use race as a factor in admissions?
If so, does UNC’s race-conscious admissions process violate the Fourteenth Amendment of the Constitution?
What is the proper test for whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine?
Is a supervisor who makes over $200,000 annually, calculated on a daily basis, entitled to overtime pay, despite a regulation that carves out an exception for highly paid executives?
Does a California law that prohibits the in-state sale of pork from animals confined in a manner inconsistent with California standards violate the “dormant” component of the Constitution’s Commerce Clause?
When does the statute of limitations for a 42 U.S.C. § 1983 claim seeking DNA testing of crime-scene evidence begin to run?
Can the one-year filing deadline for veterans to submit disability claims after they are discharged be extended under principles of equitable tolling?
Does Alabama’s 2021 redistricting plan for its seven U.S. House seats violate Section 2 of the Voting Rights Act?
What is the proper test for determining whether wetlands are “waters of the United States” under the Clean Water Act?
Are unclaimed MoneyGram checks “money orders” or “similar written instruments” and thus subject to a federal law that remits them to the states where they were purchased?
Do states have the authority to prosecute non-Natives who commit crimes against Natives on Native American lands?
May a federal district court order the transportation of a state prisoner to help him develop evidence for his habeas petition, even before determining the admissibility of the evidence?
Must the Biden administration continue to enforce the Trump administration’s Migrant Protection Protocols, or does the Biden Department of Homeland Security decision ending the policy have legal effect?
Is a public school employee’s prayer during school sports activities protected speech, and if so, can the public school employer prohibit it to avoid violating the Establishment Clause?
What is the proper legal procedure for a death-row inmate’s challenge to the method by which the state intends to execute?
Is the use of an un-Mirandized statement against a defendant in a criminal case sufficient to support a 42 U.S.C. § 1983 action?
Does Federal Rule of Civil Procedure 60(b)(1) authorize relief based on a district court’s error of law?
When the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of “clear and unmistakable error” that the veteran may invoke to challenge the VA’s decision?
Does a Washington state workers’ compensation law that applies exclusively to certain federal workers in that state violate the principle of intergovernmental immunity?
Does the 2017 Amendment (part of the Bankruptcy Judgeship Act) violate the uniformity requirement of the Constitution's Bankruptcy Clause by increasing quarterly fees solely in districts under the U.S. Trustee program and not in those under the Bankruptcy Administrator program?
Does the Federal Arbitration Act require enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims?
Did Congress properly abrogate state sovereign immunity for claims arising under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)?
Is an airline employee who works as a ramp agent supervisor a “transportation worker” under Section 1 of the Arbitration Act and therefore exempt from the Act’s arbitration requirement?
Is a train that makes a temporary stop in a railyard as part of its unitary journey in interstate commerce “in use” and therefore subject to the Locomotive Inspection Act?
Does 28 U.S.C. § 1782(a), which gives federal district courts authority to order litigants subject to their jurisdiction to give testimony or produce documents “for use in a foreign or international tribunal,” apply to private commercial arbitral tribunals?
Under the Hague Convention on the Civil Aspects of International Child Abduction, musts courts consider all measures that might mitigate the grave risk of harm if the child were to return to their country of habitual residence?
Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate the Supreme Court’s instruction that lower courts must “place arbitration agreements on an equal footing with other contracts”?
Do the two North Carolina legislators have a right to intervene in this case to defend a state voter-ID law?
Does a plaintiff have a right to sue federal officers for First Amendment retaliation claims or for allegedly violating the individual’s Fourth Amendment rights while engaging in immigration-related functions?
May a physician alleged to have prescribed controlled substances outside the usual course of professional practice be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) regardless of whether he “reasonably believed” or “subjectively intended” that his prescriptions fall within that course of professional practice?
Did the Marietta Memorial Hospital Employee Health Benefit Plan violate the Medicare Secondary Payer Act’s non-discrimination provisions through its reimbursement structure for dialysis providers?
Does the Environmental Protection Agency have the authority to regulate greenhouse gas emissions in virtually any industry, so long as it considers cost, non-air impacts, and energy requirements?
Can states with interests intervene to defend a rule when the United States ceases to defend it?
Which federal law governs the legality of the Ysleta del Sur Pueblo’s gaming operations, the Restoration Act or the Indian Gaming Regulatory Act?
Does a prosecution in the Court of Indian Offenses trigger the Constitution’s Double Jeopardy Clause?
Must or may a district court consider intervening legal and factual developments when deciding whether to “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018?
Do appellees have standing to challenge the statutory loan-repayment limit of 52 U.S.C. § 30116(j), and does the limit unconstitutionally burden political speech without justification?
Should a federal court hearing state law claims under the Foreign Sovereign Immunities Act apply the forum state’s choice-of-law rules or federal common law to determine what substantive law governs the claims at issue?
Does Boston’s refusal to fly a private religious organization’s flag depicting a cross on a city flagpole violate the organization’s First Amendment rights?
Is the 30-day time limit to file a petition for review in the Tax Court of a notice of determination from the commissioner of internal revenue in 26 U.S.C. § 6330(d)(1) a jurisdictional requirement or a claim-processing rule subject to equitable tolling?
Is a noncitizen who has spent more than six months in immigration detention awaiting resolution of their deportation withholding claim entitled to a hearing before an immigration judge to determine whether they can be released on bond?
Is a noncitizen who has spent more than six months in immigration detention awaiting resolution of their deportation withholding claim entitled to a hearing before an immigration judge to determine whether they can be released on bond?
Does the federal Medicaid Act provide for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses?
Does the Department of Health and Human Services have the authority to enforce a rule requiring health care workers at facilities that participate in the Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they qualify for a medical or religious exemption?
Did the Occupational Safety & Health Administration exceed its authority in promulgating a rule mandating that employers with at least 100 employees require covered workers to receive a COVID–19 vaccine or else wear a mask and be subject to weekly testing?
Does the Court’s decision in Martinez v. Ryan render the Antiterrorism and Effective Death Penalty Act inapplicable to a federal court’s merits review of a claim for habeas relief?
Does a state law prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction violate the Religion Clauses or Equal Protection Clause of the U.S. Constitution?
Does the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(A) exclude attempted Hobbs Act robbery, which may be completed through an attempted threat alone?
Does 8 U.S.C. § 1252(a)(2)(B)(i) preserve the jurisdiction of federal courts to review a nondiscretionary determination that a noncitizen is ineligible for certain types of discretionary relief?
Are allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment products or services sufficient to state a claim against plan fiduciaries for breach of the duty of prudence under the Employee Retirement Income Security Act of 1974 (ERISA)?
Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?
1. Is the Department of Health and Human Services’ decision to lower drug reimbursement rates for certain hospitals based on a reasonable interpretation of the Medicare statute?
2. Does 42 U.S.C. § 1395l(t)(12) preclude the petitioners’ challenge to HHS’s adjustments?
Do the compensatory damages available under Title VI of the Civil Rights Act of 1964 and the statutes that incorporate its remedies for victims of discrimination, such as the Rehabilitation Act and the Affordable Care Act, include compensation for emotional distress?
Did the Department of Health and Human Services follow the correct procedures when it promulgated a rule changing the way it calculates Medicare reimbursement rates for hospitals?
Does the Austin city code’s distinction between on-premise signs, which may be digitized, and off-premise signs, which may not, constitute facially unconstitutional content-based regulation?
Did Congress violate the Fifth Amendment by establishing the Supplemental Security Income program in the 50 states, the District of Columbia, and the Northern Mariana Islands, but not in Puerto Rico?
Does Texas’s decision to allow Ramirez’s pastor to enter the execution chamber but not to lay hands on the parishioner as he dies, sing, pray, or read scripture violate the Free Exercise Clause of the First Amendment or the Religious Land Use and Institutionalized Persons Act?
Does 17 U.S.C. § 411 require a district court to request advice from the Copyright Office when there are questions about the validity of a copyright registration but no evidence of fraud or material error?
Does Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 displace the state-secrets privilege and authorize a district court to resolve the merits of a lawsuit challenging the lawfulness of government surveillance by considering the privileged evidence?
Does New York's law requiring that applicants for unrestricted concealed-carry licenses demonstrate a special need for self-defense violate the Second Amendment?
Does the First Amendment restrict the authority of an elected body to issue a censure resolution in response to a member’s speech?
Do federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award when the only basis for jurisdiction is that the underlying dispute involved a federal question?
Can the petitioners in this case pursue a pre-enforcement challenge to Texas Senate Bill 8 (SB 8), which prohibits providers from performing or inducing an abortion after a fetal heartbeat is detected and which allows for direct enforcement of the law through private civil actions?
Can the United States sue the State of Texas in federal court to prohibit enforcement of an unconstitutional abortion law?
Is a civil service pension received for federal civilian employment as a “military technician (dual status)” considered “a payment based wholly on service as a member of a uniformed service” for the purposes of the Social Security Act’s windfall elimination provision?
Did the U.S. Court of Appeals for the First Circuit err in vacating the death sentence for the district court’s failure to ask prospective jurors for a specific accounting of the pretrial media coverage they had seen, heard, or read, and for its exclusion of evidence at the sentencing phase of trial that Tsarnaev’s brother had been involved in different crimes two years before the bombing?
Must a plaintiff who seeks to bring a Section 1983 action alleging unreasonable seizure pursuant to legal process show that the criminal proceeding against him “formally ended in a manner not inconsistent with his innocence,” or that the proceeding “ended in a manner that affirmatively indicates his innocence”?
Should a state attorney general vested with the power to defend state law be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law?
Did the U.S. Court of Appeals for the Ninth Circuit err in rejecting the federal government’s assertion of the state-secrets privilege based on its own assessment of the potential harms to national security that would result from disclosure of information pertaining to clandestine CIA activities?
What is the appropriate standard of review for a federal court deciding whether to grant habeas relief?
When, if ever, does a criminal defendant who “opens the door” to evidence that would otherwise be barred by the rules of evidence also forfeit his right to exclude evidence otherwise barred by the Confrontation Clause?
Are offenses committed as part of a single criminal spree but sequentially in time “committed on occasions different from one another” for purposes of a sentencing enhancement under the Armed Career Criminal Act?
Is Mississippi entitled to damages, injunctive, and other equitable relief for the groundwater taken by Tennessee?
Do pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act?
Does the First Amendment prohibit public school officials from regulating off-campus student speech?
Does the Natural Gas Act delegate the federal government’s eminent-domain power, and does it abrogate state sovereign immunity in such cases?
To qualify for a hardship exemption under Section 7545(o)(9)(B)(i) of the Renewable Fuel Standards, must a small refinery have received uninterrupted, continuous hardship exemptions for every year since 2011?
Is a defendant who has been charged with unlawful reentry into the United States after removal automatically entitled to the defense of invalid removal if he was removed for a crime that would not be considered a removable offense under current law in that circuit?
Does the policy of the California attorney general’s office requiring charities to disclose the names and addresses of their major donors violate the First Amendment of the U.S. Constitution?
Can Guam sue the Navy under CERCLA Section 113(f) over its contribution to the environmental hazards arising from the Ordot Dump?
Do district courts have the discretion to deny or reduce appellate costs deemed “taxable” in district court under Federal Rule of Appellate Procedure 39(e)?
May a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, have a defense of invalidity heard on the merits?
May a federal appellate court reviewing the decision of a lower court for plain error review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity, or public reputation of the trial.
Is a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings?
Does the conferral of Temporary Protected Status under 8 U.S.C. § 1254a constitute an “admission” into the United States under 8 U.S.C. § 1255?
Are Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act “Indian Tribes” for purposes of the Coronavirus Aid, Relief, and Economic Security (CARES) Act?
Does the National Collegiate Athletic Association (NCAA)’s prohibition on compensation for college athletes violate federal antitrust law?
Does either Article III of the Constitution or Federal Rule of Civil Procedure 23 permit a damages class action when the majority of the class did not suffer an injury comparable to that of the class representative?
1. May a defendant in a securities class action rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson by pointing to the generic nature of the alleged misstatements in showing that the statements had no impact on the price of the security?
2. Does a defendant seeking to rebut the Basic presumption have only a burden of production or also the ultimate burden of persuasion?
Does the “community caretaking” exception to the Fourth Amendment’s warrant requirement extend to the home?
May a police officer for a Native American tribe detain and search a non-tribe member within a reservation on suspicion of violating a state or federal law?
Does the California regulation granting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization constitute a per se physical taking under the Fifth Amendment?
Does a person seeking disability benefits under the Social Security Act forfeit their ability to challenge the appointment of an administrative law judge under the Appointments Clause if they fail to present that challenge during administrative proceedings?
1. Does Arizona’s out-of-precinct policy violate Section 2 of the Voting Rights Act?
2. Does Arizona’s H.B. 2023 violate Section 2 of the Voting Rights Act or the Fifteenth Amendment?
1. Are administrative patent judges principal officers who must be appointed by the President with the advice and consent of the Senate, or inferior officers who may be appointed by a department head?
2. If they are principal officers, can they be rendered inferior officers by severing the portion of the Patent Act restricting their removal?
Does the exigent circumstances exception to the Fourth Amendment’s warrant requirement apply when police are pursuing a suspect whom they believe committed a misdemeanor?
Can a court of appeals presume that an immigrant’s testimony is credible and true if an immigration judge or the Board of Immigration Appeals did not specifically find that he was not credible?
Is Florida is entitled to equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin and appropriate injunctive relief against Georgia to sustain an adequate flow of fresh water into the Apalachicola Region?
Does federal law permit a court of appeals to review any issue included in a district court’s order remanding a case to state court, or only the ground for removal?
Did the U.S. Court of Appeals for the Third Circuit err in vacating as arbitrary and capricious the FCC’s orders that substantially changed its approach to regulation of broadcast media ownership?
Does Section 13(b) of the FTC Act authorize the FTC to demand monetary relief such as restitution?
Can an award of nominal damages by itself redress a past injury, or does revision of the unconstitutional policy render moot the constitutional challenge?
Are the respondents—who were subject to reinstated removal orders, but with pending claims for withholding of removal—detained under 8 U.S.C. § 1226 or under 8 U.S.C. § 1231?
1. Did the shareholders of Fannie Mae and Freddie Mac properly bring a claim under the Housing and Economic Recovery Act of 2008?
2. Does the Federal Housing Finance Agency’s (FHFA) structure violate the separation of powers?
3. If FHFA’s structure violates the separation of powers, what is the proper remedy for a final agency action that FHFA took when it was unconstitutionally structured?
Does an arbitration agreement that exempts certain claims from arbitration negate an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator?
Does the definition of an "automatic telephone dialing system" in the Telephone and Consumer Protection Act of 1991 encompass any device that can “store” and “automatically dial” telephone numbers, even if the device does not “use a random or sequential number generator”?
1. Does the “expropriation exception” of the Foreign Sovereign Immunities Act provide jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders?
2. Does the doctrine of international comity preclude the exercise of jurisdiction in this case?
Was it proper for the district court to abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, because the plaintiffs made no attempt to exhaust local Hungarian remedies?
Does the Court’s decision in Ramos v. Louisiana, holding that the Sixth Amendment establishes a right to a unanimous jury in both federal and state courts, apply retroactively to cases on federal collateral review?
Does the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bar challenges to unlawful regulatory mandates that are not taxes?
1. May an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where the plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity?
2. Does the judiciary have the authority under the Alien Tort Statute to impose liability on domestic corporations?
Does a person who is authorized to access information on a computer for certain purposes violate Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses that information for an improper purpose?
1. Does a group of states and local governments have standing under Article III of the Constitution to challenge a July 21, 2020, memorandum by President Donald Trump instructing the secretary of commerce to include in his report on the 2020 census information enabling the president to exclude noncitizens from the base population number for purposes of apportioning seats in the House of Representatives?
2. Is the memorandum is a permissible exercise of the President’s discretion under the provisions of law governing congressional apportionment?
Do the plaintiffs in this case have standing to challenge the individual mandate of the Affordable Care Act (ACA), which now has a penalty of zero for not buying health insurance?
If the plaintiffs have standing, is the individual mandate unconstitutional?
If the individual mandate is unconstitutional, is it severable from the remainder of the ACA?
Does the judgment bar provision of the Federal Tort Claims Act (FTCA) prevent a plaintiff whose FTCA claim against the government failed for lack of subject matter jurisdiction from filing another action, against the same defendants and arising from the same set of facts and injuries, under Bivens?
Under Section 1229(a), must the government serve a specific document that includes all required information, or may the government serve that information over the course of multiple documents?
1. To succeed on their free exercise claim, must plaintiffs prove that the government would allow the same conduct by someone who held different religious views, or only provide sufficient evidence that a law is not neutral and generally applicable?
2. Should the Court revisit its decision in Employment Division v. Smith?
3. Does the government violate the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs?
Does the “use of force” clause in the Armed Career Criminal Act encompass crimes with an intent requirement of mere recklessness?
Does the Eighth Amendment require a sentencing authority to find that a juvenile is permanently incorrigible before it may impose a sentence of life without the possibility of parole?
Does a decision by the Railroad Retirement Board denying a request to reopen a prior benefits claim constitute a “final decision” subject to judicial review?
Does Exemption 5 of the Freedom of Information Act, by incorporating the deliberative process privilege, protect against compelled disclosure of a federal agency’s draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973 and that concerned a proposed agency action that was later modified in the consultation process?
Must physical force used to detain a suspect be successful to constitute a “seizure” under the Fourth Amendment?
Does a criminal conviction bar a noncitizen from applying for relief from removal when the record of conviction is ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act?
Did the U.S. Court of Appeals for the Armed Forces err in concluding—contrary to its own longstanding precedent—that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years?
Does the Bankruptcy Code’s automatic stay provision, 11 U.S.C § 362, require that an entity that is passively retaining possession of property in which a bankruptcy estate has an interest return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition?
1. Does copyright protection extend to a software interface?
2. If so, does the petitioner’s use of a software interface in the context of creating a new computer program constitute fair use?
May a state court, consistent with the Due Process Clause, exercise personal jurisdiction over a nonresident defendant when none of the defendant’s contacts with that state caused the plaintiff’s claims?
Does the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb, permit lawsuits seeking money damages against individual federal employees?
Does ERISA preempt an Arkansas law regulating pharmacy benefit managers’ drug-reimbursement rates?
1. Does the plaintiff in this case have Article III standing to challenge Delaware’s judicial service requirements?
2. Does a state law that effectively limits judicial service to members of the Democratic and Republican parties violate the First Amendment?
1. Did the River Master err in retroactively amending the River Master Manual?
2. Did the River Master err in charging Texas for evaporative losses?
Does a state law requiring presidential electors to vote the way state law directs or else be subject to a fine violate the electors’ First Amendment rights?
1. Do the petitioners in this case, the presidential electors, have judicial standing to sue the state of Colorado over a law requiring them to vote in the Electoral College for the winner of the popular vote in that state?
2. Is that Colorado law unconstitutional?
Does the Constitution prohibit subpoenas issued to Donald Trump’s accounting firm requiring it to provide non-privileged financial records relating to Trump (as a private citizen) and some of his businesses?
Does the Constitution permit a county prosecutor to subpoena a third-party custodian for the financial and tax records of a sitting president, over which the president has no claim of executive privilege?
Can a state prosecute an enrolled member of the Creek Tribe for crimes committed within the historical Creek boundaries?
Do the First Amendment’s religion clauses prevent civil courts from adjudicating employment-discrimination claims brought by an employee against her religious employer, when the employee carried out important religious functions but was not otherwise a “minister”?
1. Does a provision of the Telephone Consumer Protection Act of 1991 exempting government debt collection calls from the ban on automated calls violate the First Amendment?
2. If so, is that provision severable from the rest of the Act?
Did the federal government lawfully exempt religious objectors from the regulatory requirement to provide health plans that include contraceptive coverage?
Does the Court’s decision in U.S. Agency for International Development v. Alliance for Open Society International Inc.—which holds that the First Amendment prohibits Congress from enforcing a law that would have required U.S.-based organizations that receive federal funds to fight HIV/AIDS abroad to “have a policy explicitly opposing prostitution and sex trafficking”—imply that Congress may not enforce that law with respect to entities not directly involved in that case?
Does the addition by an online business of a generic top-level domain (“.com”) to an otherwise generic term create a protectable trademark, notwithstanding the Lanham Act’s prohibition on generic terms as trademarks?
Does the decision by the U.S. Court of Appeals for the Fifth Circuit, below, upholding Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital conflict with the Court’s binding precedent in Whole Woman’s Health v. Hellerstedt?
May the Securities and Exchange Commission seek and obtain disgorgement from a court as “equitable relief” for a securities law violation, even though the Court has determined that such disgorgement is a penalty?
Do the federal courts have jurisdiction to review an administrative agency’s factual findings underlying denials of withholding (and deferral) of removal relief?
Does 8 U.S.C. § 1252(e)(2) as applied to the respondent Thuraissigiam violate the Suspension Clause of the Constitution?
Does a dismissal without prejudice for failure to state a claim count as a strike under the Prison Litigation Reform Act?
Is a federal law criminalizing the act of encouraging or inducing illegal immigration for commercial advantage or private financial gain unconstitutional on its face?
Does the Foreign Sovereign Immunities Act (FSIA) apply retroactively to permit recovery of punitive damages against foreign states for terrorist activities that occurred prior to the passage of the current version of the statute?
Does the U.S. Forest Service have the authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests?
Does a state law that allows for funding for education generally while prohibiting funding for religious schools violate the Religion Clauses or the Equal Protection Clause of the federal Constitution?
Does the Convention on the Recognition and Enforcement of Foreign Arbitral Awards permit a nonsignatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel?
Does the determination of a “serious drug offense” under the Armed Career Criminal Act require the same categorical approach used in the determination of a “violent felony” under the act?
Does the provision of the Age Discrimination in Employment Act of 1967 (ADEA) that protects federal employees aged 40 years from age discrimination require a plaintiff to prove that age was a but-for cause of the challenged personnel action?
Did the public officials in this case “defraud” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision?
Does Section 35 of the Lanham Act require a showing of willful infringement for a plaintiff to be awarded an infringer’s profits for a violation of Section 43(a)?
Must a plaintiff demonstrate individual financial loss or the imminent risk of financial loss in an ERISA plan in order to seek injunctive relief or restoration of plan losses caused by fiduciary breach?
When a plaintiff asserts new claims, can federal preclusion principles bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties?
After the Ninth Circuit identifies an Eddings error, may the state appellate court reweigh the aggravating and mitigating circumstances, or must a jury resentence the defendant?
When an infant is too young to acclimate to her surroundings, is a subjective agreement between the infant‘s parents is necessary to establish her habitual residence under the Hague Convention?
What is the proper standard of review of a district court’s determination of habitual residence under the Hague Convention—de novo, a deferential version of de novo, or for clear error?
Must a criminal defendant make a formal objection after the pronouncement of his sentence to invoke appellate reasonableness review of the length of the sentence?
Do the insurance carriers in this case have a right to payment under the “Risk Corridors” program of the Affordable Care Act?
Does the phrase “questions of law” in the Immigration and Nationality Act include the application of a legal standard to undisputed or established facts?
Does 35 U.S.C. § 314(d) permit an appeal of the Patent Trial and Appeal Board’s decision to institute an inter partes review upon finding that 35 U.S.C. § 315(b)’s time bar did not apply?
Does the three-year statute of limitations period in ERISA, which runs “from the earliest date on which the plaintiff had actual knowledge of the breach or violation”—bar a suit where the defendants disclosed all relevant information but the plaintiff chose not to read or could not recall having read the information?
Under what circumstances should a timely Rule 59(e) motion be recharacterized as a successive habeas petition?
Does federal common law or the law of the relevant state determine the ownership of a tax refund paid to an affiliated group?
Does a New York City rule banning the transportation a licensed, locked, and unloaded handgun to a home or shooting range outside city limits violate the Second Amendment, the Commerce Clause, or the constitutional right to travel?
Does the government edict doctrine extend to—and thus render uncopyrightable—the annotations in the Official Code of Georgia Annotated?
Does a claim of race discrimination under 42 U.S.C. § 1981 require that the plaintiff show but-for causation, or only that race is a motivating factor?
Is an order denying a motion for relief from the automatic stay in bankruptcy proceeding a final order under 28 U.S.C. § 158(a)(1)?
Should federal courts recognize a damages claim under Bivens if plaintiffs plausibly allege that a rogue federal law enforcement officer violated clearly established Fourth and Fifth Amendment rights for which there is no alternative legal remedy?
Does the Clean Water Act require a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater?
Do generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time satisfy the “more harm than good” pleading standard for ERISA claims the Court established in Fifth Third Bancorp v. Dudenhoeffer?
Under federal maritime law, is a safe-berth clause in a voyage charter contract a guarantee of a ship’s safety or a duty of due diligence?
Did Congress validly abrogate state sovereign immunity via the Copyright Remedy Clarification Act, which allows authors of original expression to sue states who infringe their federal copyrights?
For purposes of an investigative stop under the Fourth Amendment, is it reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary?
Can a lawfully admitted permanent resident who is not seeking admission to the United States be “render[ed] . . . inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1)?
Does the statute of limitations under the Fair Debt Collection Practices Act begin when the violation is discovered or when the violation occurred?
Does the Immigration Reform and Control Act (IRCA) expressly or impliedly preempt states from using information provided on a federal Form I-9 in a prosecution of any person when the same information also appears in non-IRCA documents?
Does the decision in Montgomery v. Louisiana modify a “substantive rule of constitutional law” such that it must be given retroactive effect, requiring the respondent’s sentences of life without the possibility of parole to be vacated?
Does Title VII of the Civil Rights Act of 1964, which prohibits against employment discrimination “because of . . . sex” encompass discrimination based on an individual’s sexual orientation?
Does Title VII of the Civil Rights Act of 1964, which prohibits against employment discrimination “because of . . . sex” encompass discrimination based on an individual’s sexual orientation?
Does Title VII of the Civil Rights Act of 1964 prohibit discrimination against transgender employees based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)?
Does the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145 include attorneys’ fees?
Does the Fourteenth Amendment fully incorporate the Sixth Amendment guarantee of a unanimous verdict against the states?
May a state abolish the insanity defense without violating the Eighth and Fourteenth Amendments?
Does the bankruptcy code preclude a finding of civil contempt where a creditor’s believes in good faith that the discharge injunction does not apply?
Does the generic definition of burglary, established by the US Supreme Court in Taylor v. United States, 495 U.S. 575 (1990), require proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, or only that the defendant formed such intent while “remaining in” the building or structure?
Does the “knowingly” provision of 18 U.S.C. § 924(a)(2) apply to both the possession and status elements of a § 922(g) crime, or only to the possession element?
Does a statute that authorizes a blood draw from an unconscious motorist provide an exception to the Fourth Amendment warrant requirement?
Is Title VII’s administrative-exhaustion requirement a jurisdictional prerequisite to suit, as three circuits have held, or a waivable claim-processing rule, as eight circuits have held?
Is the subsection-specific definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B)—which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime—unconstitutionally vague?
Was the Second Circuit correct in holding, contrary to the holdings of a majority of other circuits, that the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when the defendant becomes aware of the tainted evidence and its improper use?
Does the Outer Continental Shelf Lands Act permit the application of state law only when there is a gap in the coverage of federal law, or whenever state law pertains to the subject matter of the lawsuit and is not preempted by inconsistent federal law?
Does the Due Process Clause of the Fourteenth Amendment prohibit states from taxing trusts based on trust beneficiaries’ in-state residency?
Does Section 2(a) of the Lanham Act, which prohibits the federal registration of “immoral” or “scandalous” marks, violate the Free Speech Clause of the First Amendment?
Did the Ninth Circuit correctly hold, in contrast to the holdings of five other federal appellate courts, that Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer?
Should Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), be overruled?
Does the Hobbs Act require the district court in this case to accept the Federal Communication Commission's legal interpretation of the Telephone Consumer Protection Act?
Are punitive damages available to a seaman in a personal injury lawsuit alleging a breach of the general maritime duty to provide a seaworthy vessel?
Did the Mississippi Supreme Court err in how it applied Batson v. Kentucky in this case?
May a relator in a False Claims Act qui tam action rely on the statute of limitations in 31 U.S.C. § 3731(b)(2) in a suit in which the United States has declined to intervene, and, if so, does the relator constitute an “official of the United States” for purposes of that section?
Is the decision of the Appeals Council dismissing a disability claim on the grounds that it is untimely constitute a “final decision” subject to judicial review under the Social Security Act?
Does 18 U.S.C. § 3583(k) violate the Fifth and Sixth Amendments by imposing a mandatory minimum punishment on a criminal defendant upon a finding by a preponderance of the evidence that the defendant engaged in certain criminal conduct during supervised release?
Is the term of supervised release for one offense paused by imprisonment for another offense?
Are private operators of public access channels state actors subject to constitutional liability?
Under Section 365 of the Bankruptcy Code, does a debtor-licensor’s rejection of a license agreement terminate rights of the licensee that would survive the licensor’s breach under non-bankruptcy law?
Is the government a “person” who may institute review proceedings under the Leahy-Smith America Invents Act?
Does the dormant Commerce Clause permit a state to regulate liquor sales by granting licenses only to individuals or entities that have met state residency requirements?
Do the Administrative Procedure Act and Medicare Act require the US Department of Health and Human Services to provide notice and an opportunity to comment before implementing a rule changing its Medicare reimbursement formula?
Is the Copyright Act’s allowance for “full costs” to a prevailing party limited to taxable costs or inclusive of non-taxable costs as well?
Are governmental “sue-and-be-sued” entities subject to the discretionary-function exception to a statutory waiver of sovereign immunity, or the test for immunity set forth in Federal Housing Authority v. Burr, 309 U.S. 242 (1940)?
Should the Court overrule its prior decision in Nevada v. Hall, which permits a sovereign state to be haled into another state’s courts without its consent?
Is “registration of [a] copyright claim” complete under 17 U.S.C. § 411(a) when the copyright holder delivers the required application, fees, and materials to the copyright office, or only once the copyright office has acted on that application?
Did Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogate the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day conviction of a Crow member who engaged in subsistence hunting for his family?
Is a state-law failure-to-warn claim preempted when the Food and Drug Administration (FDA) rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data, or must such a case go to a jury for conjecture as to why the FDA rejected the proposed warning?
Does the Fair Debt Collection Practices Act apply to non-judicial foreclosure proceedings?
Should the Court overrule the “separate sovereigns” exception to the Double Jeopardy Clause of the Fifth Amendment?
During an application for Supplemental Security Income (SSI) and Disability Insurance (SSDI) benefits, does a vocational expert’s testimony count as “substantial evidence” of “other work” if the expert does not provide the underlying data on which that testimony is premised?
Does an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential qualify as prior art for purposes of determining the patentability of the invention?
Does a false statement by someone who does not retain “ultimate authority” over the statement nevertheless subject the person to a fraudulent-scheme claim under Securities Exchange Act Rule 10b-5?
Does the provision of the West Virginia Code that exempts from state taxation the retirement income of many state and local firefighters and law enforcement officers, but not federal marshals, violate 4 U.S.C. § 111?
Has the Eighth Amendment’s excessive fines clause been incorporated against the states under the Fourteenth Amendment?
Do the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a)?
Did the US Court of Appeals for the Ninth Circuit err when it ruled that equitable exceptions apply to mandatory claim-processing rules, such as Federal Rule of Civil Procedure 23(f), which sets a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification, and can excuse a party’s failure to file timely within the deadline established by Federal Rule of Civil Procedure 23(f), in conflict with the rulings of the US Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Tenth and Eleventh Circuits?
May consumers sue for antitrust damages against anyone who delivers goods to them, even where they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense?
Does probable cause defeat a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983?
Do fees subject to 42 U.S.C. § 406(b)’s 25-percent cap related to the representation of individuals claiming Social Security benefits include only fees for representation in court, as the U.S. Courts of Appeals for the 6th, 9th, and 10th Circuits have held, or do they also include fees for representation before the agency, as the U.S. Courts of Appeals for the 4th, 5th, and 11th Circuits have held?
Did the U.S. Court of Appeals for the 2nd Circuit err by holding – in direct conflict with the U.S. Courts of Appeals for the District of Columbia, 5th and 7th Circuits and in the face of an amicus brief from the United States – that plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act may serve the foreign state under 28 U.S.C. § 1608(a)(3) by mail addressed and dispatched to the head of the foreign state's ministry of foreign affairs “via” or in “care of” the foreign state's diplomatic mission in the United States, despite U.S. obligations under the Vienna Convention on Diplomatic Relations to preserve mission inviolability?
Are damages for lost wages "compensation" under the Railroad Retirement Tax Act and thus subject to employment taxes?
Does the federal Atomic Energy Act preempt a Virginia ban on non-federal uranium mining?
Is Alaska’s Nation River public land and therefore subject to the regulatory authority of the National Park Service?
Does a cy pres award of class action proceeds that provides no direct relief to class members support class certification and comport with the requirement that a settlement binding class members must be “fair, reasonable, and adequate,” and if so, in what circumstances?
Does the International Organizations Immunities Act (IOIA) give international organizations the immunity that foreign governments enjoyed at the time the law was passed, or the immunity that foreign governments have at present, as described in the Foreign Sovereign Immunities Act of 1976?
Is a criminal defendant’s counsel presumptively ineffective if counsel declines to file an appeal of a conviction because the defendant already waived the right to appeal in his plea?
Does the Yakama Treaty of 1855 create a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways?
Does the Federal Arbitration Act foreclose a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used in arbitration agreements?
Does the Federal Arbitration Act permit a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is “wholly groundless”?
Does a noncitizen released from criminal custody become exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately?
Can products liability defendants be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute?
Is a state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” categorically a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(b)(i), when that offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance?
Is the crime of residential burglary under Arkansas law, or aggravated burglary under Tennessee law, the same as or narrower than “general burglary” such that convictions for those crimes serve as predicate crimes for the purpose of the enhanced sentencing provision of the Armed Career Criminal Act of 1984?
Does the Sex Offender Registration and Notification Act’s delegation of authority to the U.S. Attorney General to issue regulations under 42 U.S.C. § 16913 violate the nondelegation doctrine?
Under the ADEA, does the same twenty-employee minimum that applies to private employers also apply to political subdivisions of a state, as the Sixth, Seventh, Eighth, and Tenth Circuits have held, or does the ADEA apply instead to all state political subdivisions of any size, as the Ninth Circuit held in this case?
May a court exercise independent review of an appearing foreign country’s explanation of its own law (as held by the US Courts of Appeals for the 5th, 6th, 7th, 11th, and DC Circuits), or must a court defer to a foreign government’s legal statement, based on principles of international comity, if that foreign government appears before the court (as held by the opinion below in accord with the US Court of Appeals for the 9th Circuit)?
Are administrative law judges of the Securities and Exchange Commission Officers of the United States within the meaning of the Appointments Clause?
Must a notice to appear for a removal hearing specify the place and time of the hearing to effectively trigger the stop-time rule of 8 U.S.C. § 1229b(b)(1), contrary to the holding of the Board of Immigration Appeals?
Must a district court provide some explanation for its decision not to grant a proportional sentence reduction under 18 U.S.C. § 3582(c)(2), as the 6th, 8th, 9th, and 11th Circuits have held, or is boilerplate language stating the court took into account the 18 U.S.C. § 3553(a) factors sufficient, as the 4th, 5th, and 10th Circuits have held?
Does the Mandatory Victims Restitution Act, pursuant to 18 U.S.C. § 3663A(b)(4), cover costs that were neither “required nor requested” by the government, including costs incurred for the victim’s own purposes and that were not prompted by any official government action?
Can a statement regarding a specific asset be a “statement respecting the debtor’s . . . financial condition” under section 523(a)(2)(B) of the Bankruptcy Code, and if so, when?
Should the Court abrogate its holding in Quill Corp. v. North Dakota that the dormant Commerce Clause prohibits states from requiring sellers with no physical presence in the state to collect and remit sales tax for goods sold within the state?
Did the US Court of Appeals for the Federal Circuit err in holding that lost profits arising from prohibited combinations occurring outside of the US are categorically unavailable in cases in which patent infringement is proven under 35 U.S.C. § 271(f)?
Is the stock that a railroad company transfers to its employees taxable under the Railroad Retirement Tax Act, 26 U.S.C. § 3231(e)(1)?
Is an inmate who enters into a plea bargain under Federal Rule of Criminal Procedure 11(c)(1)(C) (which specifies that an attorney for the government will agree that a specific sentence is appropriate) eligible for a sentence reduction if the sentencing guidelines are changed subsequent to his sentencing?
Is a defendant whose sentence is based on a mandatory minimum sentence statute and reduced due to providing substantial assistance to the government eligible for a further sentence reduction under 18 U.S.C. § 3582(c)(2), when the Sentencing Commission retroactively lowers the advisory sentencing guidelines range that would have applied in the absence of the statutory mandatory minimum?
Did the court of appeal err in considering respondents’ interlocutory challenge to the use of pretrial physical restraints, and in ruling on that challenge despite its recognition that respondents’ individual claims were moot?
Does the American Pipe tolling rule allow a previously unnamed plaintiff to bring a subsequent class action after the applicable limitations period has passed?
Can a court’s exercise of in rem jurisdiction overcome an assertion of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?
Do disclosures required by a California reproductive rights law violate protections arising from the free speech clause of the First Amendment, applicable to the states through the 14th Amendment?
Does the application of a revocation-upon-divorce statute to a contract signed before the law was enacted violate the Contract Clause of the Constitution?
Is Minnesota Statute § 211B.II facially overbroad, thus infringing upon the Free Speech Clause of the First Amendment by banning all political apparel at a polling place, effectively imposing a “speech-free zone”?
Is an email provider who has been served with a warrant required, under 18 U.S.C. § 2703, to provide the federal government with emails, even when the email records are stored exclusively outside the United States?
Does the establishment of probable cause defeat a claim of retaliatory-arrest under the First Amendment as a matter of law?
Should the Court’s decision in Abood v. Detroit Board of Education be overturned so that public employees who do not belong to a union cannot be required to pay a fee to cover the union’s costs to negotiate a contract that applies to all public employees, including those who are not union members?
Under the “rule of reason,” was the government’s showing that American Express’s anti-steering provisions stifled price competition on the merchant side of the credit-card platform sufficient to prove anti-competitive effects, thereby shifting to American Express the burden of establishing pro-competitive benefits from the provisions?
Did the Fifth Circuit apply the appropriate standard for plain error review when it required that the error be one that “would shock the conscience of the common man, serve as a powerful indictment against our system of justice, or seriously call into question the competence or integrity of the district judge”?
Does Title III of the Omnibus Crime Control and Safe Streets Act of 1968 require suppression of evidence obtained pursuant to a wiretap order that is facially deficient because it exceeds the judge’s territorial jurisdiction?
Is the Fifth Amendment violated when a criminal defendant is compelled to incriminate himself and the incriminating statement is used in a probable cause hearing, rather than in in a criminal proceeding?
Does a defendant who consents to the severance of multiple charges into sequential trials lose his right under the Double Jeopardy Clause to the issue-preclusive effect of an acquittal?
Are service advisors at car dealerships exempt under 29 U.S.C. § 213(b)(10)(A) from the Fair Labor Standards Act's overtime-pay requirements?
Does it violate a criminal defendant’s Sixth Amendment right to assistance of counsel if defense counsel concedes the defendant’s guilt over the defendant’s express objection?
Should a Supreme Court decision regarding jurisdiction in multidistrict cases be extended to single district consolidated cases, such that the entry of a final judgment in only one case makes that case immediately appealable despite the existence of remaining pending claims in another related case?
Is Ohio’s list-maintenance process permissible under 52 U.S.C. § 20507, given that it relies on the inactivity of a registered voter as a "trigger" to send a confirmation notice to that voter under the NVRA and HAVA?
Does a driver have a reasonable expectation of privacy in a rental car when he has the renter's permission to drive the car but is not listed as an authorized driver on the rental agreement?
Does the Fourth Amendment's automobile exception permit a police officer without a warrant to enter private property in order to search a vehicle parked a few feet from the house?
Did Florida meet its burden of showing that its injuries could be redressed by a degree capping Georgia's upstream water consumption if the decree does not also bind the Corps?
May the United States properly intervene in an action involving a dispute over a compact between states?
Does a conviction under 26 U.S.C. § 7212(a) for corruptly endeavoring to obstruct or impede the due administration of the tax laws require that the government prove the defendant acted with knowledge of a pending Internal Revenue Service action?
Does the parenthetical phrase “not to exceed 25 percent,” as used in 42 U.S.C. § 1997e(d)(2), mean any amount up to 25 percent (as four circuits hold), or exactly 25 percent (as the Seventh Circuit holds)?
Does the application of Colorado's public accommodations law to compel a cake maker to design and make a cake that violates his sincerely held religious beliefs about same-sex marriage violate the Free Speech or Free Exercise Clauses of the First Amendment?
Does a federal statute that prohibits modification or repeal of state-law prohibitions on private conduct impermissibly commandeer the regulatory power of states in contravention of New York v. United States?
Does 28 U.S.C. § 1610(g) provide a freestanding attachment immunity exception that allows terror victim judgment creditors to attach and execute upon assets of foreign state sponsors of terrorism regardless of whether assets are otherwise subject to execution under Section 1610?
Does the warrantless search and seizure of cell phone records, which include the location and movements of cell phone users, violate the Fourth Amendment?
Do state courts have subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claims?
Does the anti-retaliation provision for "whistleblowers" in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 extend protection to individuals who have not reported alleged misconduct to the Securities and Exchange Commission and thus fall outside the act’s definition of "whistleblower"?
Under 35 U.S.C. § 318(a), must the Patent Trial and Appeal Board in its final written decision address every claim that is challenged in the petition, or may said decision merely address a subset of those claims??
Does inter partes review violate the Constitution by depriving patent holders of their property rights without providing them a jury and an Article III forum?
Does a statute that directs the federal courts to “promptly dismiss” a pending lawsuit but that does not amend the underlying substantive or procedural laws violate the Constitution’s separation of powers principles?
Does the safe harbor of Section 546(e) of the Bankruptcy Code prohibit avoidance of a transfer made by or to a financial institution, regardless of whether the institution benefits from the transfer?
Does the tolling provision in 28 U.S.C. § 1367(d) suspend the limitations period for the state-law claims while the claim is pending and for 30 days after the claim is dismissed, or does it merely provide 30 days beyond the dismissal for the plaintiff to refile?
Is a designation of non-statutory insider status reviewable under the standard of clear error?
Did the appeals court err in holding that Harrington v. Richter silently abrogates the presumption that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision?
Are investigative services under 18 U.S.C. § 3599(f) only “reasonably necessary” when the habeas petitioner requesting the services can meet the burden of proof for the underlying claim for habeas relief at the time of the request for the investigative services?
Does the Clean Water Act grant federal courts of appeals jurisdiction to review the Environmental Protection Agency’s rule that defines the scope of United States waters?
Does the Alien Tort Statute prohibit corporate liability?
Does Federal Rule of Appellate Procedure 4(a)(5)(C) deprive a court of appeals of jurisdiction over an appeal that is statutorily timely?
Does a guilty plea inherently waive a defendant’s right to challenge the constitutionality of his conviction?
Does the National Labor Relations Act prohibit enforcement of an agreement requiring employees to resolve disputes with the employer through individual arbitration under the Federal Arbitration Act?
Is the Immigration and Nationality Act’s “crime of violence” provision unconstitutionally vague under the Due Process Clause of the Fifth Amendment?
Did the Act violate freedom of expression protected by the First Amendment?
Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?
Does the Higher Education Act of 1965 permit the assessment of borrower defenses to repayment before default, in administrative proceedings, or on a group basis?
Do district courts have the authority to excuse the thirty-day procedural time limit for removal in 28 U.S.C. § 1446(b)(1)?
Do 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?
May the State applicants intervene in this case to challenge the district court’s order directing the Biden administration to end the policy of barring entry of individuals into the United States to protect the public from contagious diseases?
When an agency commits legal errors may the reviewing court apply the correct legal rules to the record in the first instance?
Is the Department of Homeland Security’s modified “public charge” rule arbitrary and capricious, in violation of the Administrative Procedure Act?
Does the Department of Health and Human Services’ rule that prohibits and compels certain pregnancy-related speech between a Title X provider and her patient violate the Administrative Procedure Act, the Title X appropriations act, or Section 1554 of the Affordable Care Act?
Does 28 U.S.C. § 1782(a) authorize a district court to render assistance in discovery for use in a foreign or international tribunal?
Does the Private Securities Litigation Reform Act’s discovery-stay provision apply to a private action under the Securities Act of 1933 in state or federal court, or solely to a private action in federal court?
Does an impeachment trial constitute a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure?
1. Does the Department of Homeland Security’s Migrant Protection Protocols, also known as the “remain in Mexico”policy, violate federal immigration law?
2. Did the district court have the authority to issue a universal preliminary injunction in this case?
Does Section 8005 of the Department of Defense Appropriations Act authorize President Trump to divert $2.5 billion in military funds to pay for the border wall?
Are the applicants in this case, religious entities, entitled to a preliminary injunction on the basis of showing that their First Amendment claims are likely to prevail, that denying them relief would lead to irreparable injury, and that granting relief would not harm the public interest?
Did the Secretary of Health and Human Services violate federal law in authorizing the Arkansas Works (Medicaid) program?
Can a criminal offense that can be committed with a mens rea of recklessness qualify as a “violent felony” under the Armed Career Criminal Act?
Does an Alaska law regulating campaign contributions violate the First Amendment?
Does the US Court of Appeals for the Federal Circuit have jurisdiction to review an interpretive rule by the Department of Veterans Affairs promulgated through a revision of its adjudication manual?
Did the Ninth Circuit properly analyze whether the law was clearly established as to the unlawfulness of the conduct of the two police officers in this situation?
Did the Sixth Circuit err in determining that the decisions of Ohio courts as to a defendant’s intellectual disability were contrary to clearly established Supreme Court precedent at the time?
Did the Texas Court of Criminal Appeals err in holding that defendant Bobby James Moore lacked intellectual disability and thus was eligible for the death penalty?
Does a judge's vote in a case count toward the majority if he dies after the opinion is written but before it is filed?
Does an Indiana law that prevents the incineration of fetal remains with surgical byproducts, authorizes simultaneous cremation of fetal remains, and leave unchanged a woman's right under existing law "to determine the final disposition of the aborted fetus" bear a rational relationship to a legitimate state interest?
Is there an affirmative duty to disclose information under §10(b) of the Securities Exchange Act of 1934?
Should bankruptcy courts apply a federal rule of decision (as five circuits have held) or a state law rule of decision (as two circuits have held) when deciding to recharacterize a debt claim in bankruptcy as a capital contribution?
Was the state court objectively unreasonable in concluding that Madison was competent to be executed?
Is it “clearly established” federal law that a state court must impose a lower sentence that the parties originally agreed upon, rather allowing the state to amend its complaint to seek a higher sentence and the defendant to withdraw his guilty plea—such that a federal appeals court sitting in habeas proceedings can set aside the sentence of a state court for not applying that law?
Are orders denying state-action immunity to public entities immediately appealable under the collateral order doctrine?
Should a capital case be reopened in light of a juror's racially discriminatory statements made after the petitioner's capital murder trial, providing sufficient evidence in the record for the trial court to conclude that racial animus had influenced the jury's conviction and imposition of the death sentence?
What award of fees does the State of Wyoming owe to the State of Montana for violating the Yellowstone River Compact by reducing the volume of water available in the Tongue River?
Did the Sixth Circuit err in using a series of inferences to conclude that a collective-bargaining agreement was ambiguous as a matter of law, thus allowing courts to consult extrinsic evidence about whether retiree benefits were vested for life?
Did Kisela's shooting of Hughes violate clearly established law, thus depriving him of qualified immunity?
Did the Ninth Circuit err in not considering reasonable grounds for the state court’s summary decision and in essentially reviewing the state court’s findings de novo, rather than applying a deferential standard?
Does the failure of the self-represented plaintiff in this case to raise her Fourth Amendment claim on appeal after bringing closely related First and Fourth Amendment claims in the original action render unnecessary the court’s resolution of her Fourth Amendment claims?
Are workers who deliver locally goods that travel in interstate commerce—but who do not transport the goods across borders nor interact with vehicles that cross borders—“transportation workers” “engaged in foreign or interstate commerce” for purposes of the exemption in Section 1 of the Federal Arbitration Act?
Does a federal law that prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance” violate the respondent’s Second Amendment right to bear arms?
May the doctrine of judicial estoppel be invoked to bar a plaintiff who fails to disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a potential motive for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith?
Does the Helms-Burton Act abrogate foreign sovereign immunity in cases against Cuban instrumentalities, even if the parties do not satisfy an exception under the Foreign Sovereign Immunities Act?
Is the legal right to sue under Title III of the LIBERTAD Act tied to the confiscated property claim or the hypothetical, unexpired duration of the original property interest?
1. Does an appeal waiver bar all claims except for ineffective assistance of counsel or a sentence exceeding the statutory maximum?
2. Does such a waiver become ineffective if the sentencing judge later tells the defendant they can appeal, and the government fails to object?
Does 49 U.S.C. § 14501(c) preempt a state common-law claim against a broker for negligently selecting a motor carrier or driver?
1. When the government takes property for tax debt, does the Fifth Amendment require compensation based on the property’s true fair market value, or only on the lower amount it sold for at a tax foreclosure auction?
2. Does the Eighth Amendment’s Excessive Fines Clause prohibit the government from seizing and keeping a property worth far more than the small tax debt owed on it?
Do the federal election-day statutes preempt a state law that allows ballots that are cast by federal election day to be received by election officials after that day?
Does a noncitizen who is stopped on the Mexican side of the U.S.-Mexico border “arrive[] in the United States” within the meaning of Immigration and Nationality Act?
Does a federal court that initially exercises jurisdiction and stays a case pending arbitration maintain jurisdiction over a post-arbitration Section 9 or 10 application where jurisdiction would otherwise be lacking?
Can the Rooker-Feldman doctrine, which prevents parties who lose in state courts from challenging injuries caused by state-court judgments, be triggered by a state-court decision that remains subject to further review in state court?
Is a presidential executive order that denies U.S. birthright citizenship to children born in the United States because their parents are unlawfully present or in the country on temporary visas consistent with the Citizenship Clause of the Fourteenth Amendment and 8 U.S.C. § 1401(a)?
Is venue proper in a district where no offense conduct took place, so long as the statute’s intent element “contemplates” effects that could occur there?
Did the Mississippi Supreme Court unreasonably decide—under the standards set by federal habeas law—that Terry Pitchford gave up his right to argue that the prosecutor’s explanations for striking four Black jurors were false or racially biased?
Does either the Alien Tort Statute or the Torture Victim Protection Act allow a judicially-implied private right of action for aiding and abetting?
Are provisions of the Communications Act of 1934 that govern the Federal Communications Commission’s assessment and enforcement of monetary forfeitures consistent with the Seventh Amendment and Article III?
To remove a lawful permanent resident who committed an offense listed in Section 1182(a)(2) and was subsequently paroled into the United States, must the government prove that it possessed clear and convincing evidence of the offense at the time of the lawful permanent resident’s last reentry into the United States?
May the SEC seek equitable disgorgement under 15 U.S.C. §§ 78u(d)(5) and (d)(7) without showing investors suffered pecuniary harm?