U.S. Supreme Court Oral Arguments

A case in which the Court will decide whether the phrase “goods or services from a video tape service provider,” as used in the Video Privacy Protection Act’s definition of “consumer,” refers to all of a video tape service provider’s goods or services or only to its audiovisual goods or services.

A case in which the Court will decide whether Stinson v. United States still correctly states the rule for deference that courts must give the Commentary of the Federal Sentencing Guidelines.

A case in which the Court will decide (1) when the federal government submits a permit application to continue disposing of hazardous waste, whether that submission count as a final, reviewable government decision under federal law; and (2) before submitting that permit application, whether the federal government must first conduct the broad environmental review that federal law generally requires—even though the hazardous waste permitting process already includes its own, more limited environmental review.

A case in which the Court will decide whether a complaint alleging a fiduciary breach in ERISA underperformance cases must include allegations of a “meaningful benchmark” to survive the pleading stage.

A case in which the Court will decide whether the Veterans’ Judicial Review Act stripped district courts of the jurisdiction, recognized by this court in Johnson v. Robison, to hear challenges to the constitutionality of acts of Congress affecting veterans’ benefits.

A case in which the Court will decide (1) whether it has statutory and Article III jurisdiction to hear this case; and (2) whether federal law precludes state-law claims seeking relief for injuries allegedly caused by the effects of interstate and international greenhouse-gas emissions on the global climate.

A case in which the Court held that a generic drug manufacturer does not actively induce patent infringement under 35 U.S.C. §271(b) when its communications consist only of legally required labeling, standard industry language, omissions, and vague statements that lack any affirmative purpose of encouraging the patented use.

A case in which the Court held that the TPS statute’s judicial review bar blocks all non-constitutional challenges to the Secretary of Homeland Security's decisions to grant, extend, or terminate Temporary Protected Status (TPS).

A case in which the Court held that neither the Alien Tort Statute nor the Torture Victim Protection Act supplies a judicially implied private right of action for aiding-and-abetting liability.

A case in which the Court held that law enforcement’s use of a geofence warrant to obtain location data from a tech company constitutes a Fourth Amendment search, requiring a valid warrant supported by probable cause and particularity, because people retain a reasonable expectation of privacy in detailed records of their physical movements.

A case in which the Court held that the Federal Insecticide, Fungicide, and Rodenticide Act preempts a label-based failure-to-warn claim where EPA has not required the warning.

A case in which the Court held that the Immigration and Nationality Act (INA) does not require a border officer to possess clear and convincing evidence that a lawful permanent resident has committed a crime involving moral turpitude before treating that resident as an applicant for admission rather than someone already admitted to the country.

A case in which the Court held that the Seventh Amendment's right to a jury trial does not require the FCC to involve a jury when issuing forfeiture orders.

A case in which the Court held that the SEC may seek equitable disgorgement under 15 U.S.C. §§ 78u(d)(5) and (d)(7) without showing investors suffered pecuniary harm.

A case in which the Court held that the Rooker-Feldman doctrine, which bars federal district courts from reviewing and nullifying state-court judgments, applies even when the state-court judgment under attack remains subject to an ongoing appeal in state court.

A case in which the Court held that the Fourteenth Amendment’s Citizenship Clause guarantees U.S. citizenship at birth to every person born on American soil, including children whose parents are present in the country unlawfully or on temporary visas, because those children are fully subject to the jurisdiction of the United States.

A case in which the Court held that when a trial court prevents a defendant from completing the three-step Batson process for challenging racially discriminatory jury strikes, a state appellate court's subsequent finding that the defendant waived that challenge constitutes an unreasonable application of clearly established federal law under the Antiterrorism and Effective Death Penalty Act (AEDPA), entitling the defendant to federal habeas relief.

A case in which the Court held that venue is proper only in the district where the alleged offense took place, not in the district where the targeted investigation was located.

A case in which the Court will decide whether a federal court that initially exercises jurisdiction and stays a case pending arbitration maintains jurisdiction over a post-arbitration Section 9 or 10 application where jurisdiction would otherwise be lacking.

A case in which the Court held that a worker who handles goods on a purely intrastate (within one state) leg of a broader interstate journey qualifies for the Federal Arbitration Act's (FAA) §1 exemption, even if the worker never personally crosses state lines or loads and unloads vehicles that do.