23-916 |
Clement v. Garland |
Whether, when a petitioner challenges a final order of removal by asserting his U.S. citizenship in a timely petition for review, a court of appeals may reject the challenge and affirm the removal order on the ground that the petitioner waived or forfeited the citizenship claim in immigration proceedings. |
23-853 |
Credit Bureau Center, LLC v. Federal Trade Commission |
Whether Section 19 of the Federal Trade Commission Act, which prohibits the award of “any exemplary or punitive damages,” empowers the FTC to seek and a court to award disgorgement of a business’s gross receipts as punishment for violating the act, and therefore impose the same remedy, for the same reasons, and for the same victims under Section 19 as was done under Section 13(b) of the act. |
23-831 |
Caswell v. Colorado |
(1) Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that must be found by a jury beyond a reasonable doubt under Apprendi v. New Jersey; and (2) whether this court should overrule Almendarez-Torres v. United States as inconsistent with the Sixth Amendment as understood in Apprendi and its progeny. |
23-830 |
Bassett v. Arizona |
Whether the Eighth Amendment permits a juvenile to be sentenced to life without parole under a system that did not afford the sentencing court discretion to choose any other option. |
23-828 |
Moylan v. Guerrero |
Whether the Supreme Court of Guam’s advisory opinion that a Guam abortion law passed in 1990 had been impliedly repealed constitutes a permissible exercise of the “judicial authority” that Congress has vested in that court under 48 U.S.C. §1424(a)(1). |
23-825 |
Delligatti v. U.S. |
Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. |
23-824 |
U.S. v. Miller |
Whether a bankruptcy trustee may 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. |
23-743 |
Consumers’ Research v. Federal Communications Commission |
(1) Whether 47 U.S.C. § 254 violates the nondelegation doctrine by imposing no limit on the Federal Communications Commission’s power to raise revenue for the Universal Service Fund; and (2) whether the FCC violated the private nondelegation doctrine by transferring its revenue-raising power to a private company run by industry interest groups. |
23-741 |
Ahmed v. Securities and Exchange Commission |
Whether the cross-appeal rule, which prohibits the granting of a remedy in favor of an appellee absent the filing of a cross-appeal, is jurisdictional or otherwise mandatory, or instead admits of any exception, including, among other things, for remands or changes in substantive law. |
23-715 |
Advocate Christ Medical Center v. Becerra |
Whether the phrase “entitled ... to benefits,” used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received. |
23-704 |
Hi-Tech Pharmaceuticals v. Federal Trade Commission |
(1) Whether a fundamental change in decisional law can independently support relief from a judgment under Federal Rule of Civil Procedure 60(b)(6); and (2) whether the Federal Trade Commission can obtain compensatory equitable remedies as sanctions for civil contempt of a permanent injunction under Section 13(b) of the Federal Trade Commission Act when those remedies are not directly available under Section 13(b). |
23-687 |
MRP Properties Company, LLC v. U.S. |
Whether, when analyzing whether an entity is a facility “operator” under the Comprehensive Environmental Response, Compensation, and Liability Act, courts should consider pollution-producing activities that the entity managed, directed, or conducted, or should instead limit this analysis to waste-disposal and regulatory-compliance activities. |
23-686 |
Cela v. Garland |
Whether noncitizens who were “granted asylum,” but whose asylum was later terminated, are eligible for adjustment to lawful-permanent-resident status under 8 U.S.C. § 1159(b). |
23-668 |
King v. Emmons |
(1) Whether the Georgia Supreme Court’s decision was based on “an unreasonable determination” of the facts under 28 U.S.C. § 2254(d)(2); and (2) whether the Georgia Supreme Court “unreasonably applied” this court’s decision in Batson v. Kentucky under Section 2254(d)(1). |
23-649 |
Price v. Montgomery County, Kentucky |
(1) Whether absolute immunity is unavailable under 42 U.S.C § 1983 where a prosecutor knowingly destroys exculpatory evidence; and (2) whether absolute immunity is unavailable under Section 1983 where a prosecutor defies a court order that compels specific action, leaving no room for the exercise of discretion. |
23-645 |
Uber Technologies v. Gregg |
Whether the Federal Arbitration Act requires the complete severance of arbitrable individual claims under the California Private Attorneys General Act from non-individual claims, with the individual claims committed to a separate proceeding. |
23-578 |
Kinzy v. U.S. |
Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Sentencing Guidelines range simply by stating, without explanation, that it would have imposed the same sentence absent the error, or whether, to avoid resentencing, the district court must comply with this court’s clear command in Gall v. United States and Rita v. United States to sufficiently explain why the sentence imposed is warranted even if the Sentencing Guidelines range was wrong. |
23-402 |
Oklahoma v. U.S. |
(1) Whether the Horseracing Integrity and Safety Act of 2020 violates the private non-delegation doctrine; and (2) whether the act violates the anti-commandeering doctrine by coercing states into funding a federal regulatory program. |
23-248 |
Broadnax v. Texas |
Whether the Texas Court of Criminal Appeals’ decision that James Broadnax failed to establish a prima facie equal protection claim conflicts with this court’s decision in Batson v. Kentucky. |
23-217 |
E.M.D. Sales v. Carrera |
Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence. CVSG: 5/7/2024 |
22-957 |
Dermody v. Massachusetts Executive Office of Health and Human Services |
Whether an annuity that satisfies the condition in 42 U.S.C. § 1396p(c)(2)(B)(i) determining the Medicaid eligibility of a married institutionalized person must name the state as the first remainder beneficiary in order to avoid Section 1396p(c)(1)’s transfer penalty. CVSG: 5/9/2024 |
22-886 |
Blenheim Capital Holdings Ltd. v. Lockheed Martin Corp. |
Whether a foreign government’s procurement of goods for a military purpose, through a contract with a U.S. company, is commercial activity within the meaning of the Foreign Sovereign Immunities Act. CVSG: 5/14/2024 |