List of pending United States Supreme Court cases
This is a list of cases before the United States Supreme Court that the Court has agreed to hear and has not yet decided.[1][2]
Cases
Future argument dates are in parentheses; argument in these cases has been scheduled, but has not, and potentially may not, take place.
Case | Question | Granted cert. | Argument date |
---|---|---|---|
Albence v. Guzman Chavez | Is the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal governed by 8 U.S.C. § 1231 or 8 U.S.C. § 1226? | June 15, 2020 | |
Barr v. Political Consultants | (1) Does the government-debt exception to the TCPA’s automated-call restriction violate the First Amendment? (2) Is the proper remedy for any constitutional violation to sever the exception from the remainder of the statute? | January 10, 2020 | May 6, 2020 |
Borden v. United States | Does a crime whose mens rea is "recklessness" qualify as a 'violent felony' under the Armed Career Criminal Act of 1984? | March 2, 2020 | |
Brownback v. King | Does a final judgement in favor of the United States under the Federal Tort Claims Act bar an identical claim under Bivens v. Six Unknown Named Agents? | March 30, 2020 | |
California v. Texas | Does the elimination of Affordable Care Act's individual mandate with the passage of the Tax Cuts and Jobs Act of 2017 invalidate other parts of the law? | March 2, 2020 | |
Carney v. Adams | (1) Has respondent demonstrated Article III standing? (2) Does the First Amendment invalidate a state constitutional provision that limits judges affiliated with any one political party to no more than a "bare majority" on the state's three highest courts? (3) Can the aforementioned provision be severed from another provision reserving the remainder of judicial seats for members of the other "major political party"? | December 6, 2019 | |
Chiafalo v. Washington | Is enforcement of a Washington state law that threatens a fine for presidential electors who vote contrary to how the law directs unconstitutional because a state has no power to legally enforce how a presidential elector casts his or her ballot, and does a state penalizing an elector for exercising his or her constitutional discretion to vote violate the First Amendment? | January 17, 2020 | May 13, 2020 |
Chicago v. Fulton | Does an entity that is passively retaining possession of property in which a bankruptcy estate has an interest have an affirmative obligation under the Bankruptcy Code's automatic stay, 11 U.S.C. § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition? | December 18, 2019 | |
CIC Services, LLC v. Internal Revenue Service | 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 issued by administrative agencies that are not taxes? | May 5, 2020 | |
Colorado Department of State v. Baca | (1) Does a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law have standing to sue their appointing State? (2) Does Article II or the Twelfth Amendment forbid a State from requiring its presidential electors to follow the State’s popular vote when casting their Electoral College ballots? | January 17, 2020 | May 13, 2020 |
Edwards v. Vannoy | Does the Court's decision in Ramos v. Louisiana apply retroactively to cases on federal collateral review? | May 5, 2020 | |
Espinoza v. Montana Department of Revenue | Does it violate the Religion Clauses or Equal Protection Clause to invalidate a generally available and religiously neutral student-aid program simply because the program affords students the choice of attending religious schools? | June 28, 2019 | January 22, 2020 |
Ford Motor Company v. Montana Eighth Judicial District Court | Is the “arise out of or relate to” requirement for a state court to exercise specific personal jurisdiction over a nonresident defendant under Burger King Corp. v. Rudzewicz met when none of the defendant’s forum contacts caused the plaintiff’s claims? | January 17, 2020 | |
Fulton v. Philadelphia | (1) Can free exercise plaintiffs only succeed by proving a particular type of discrimination claim — namely that the government would allow the same conduct by someone who held different religious views — or must courts must consider other evidence that a law is not neutral and generally applicable? (2) Should Employment Division v. Smith be revisited? (3) Does a government violate the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on conduct that contradicts the agency’s religious beliefs? | February 24, 2020 | |
Google LLC v. Oracle America, Inc. | (1) Does copyright protection extend to a software interface? (2) Does petitioner’s use of a software interface in the context of creating a new computer program constitute fair use? | November 15, 2019 | |
Henry Schein, Inc. v. Archer and White Sales, Inc. | Does a provision in an arbitration agreement that exempts certain claims from arbitration negate an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator? | June 15, 2020 | |
Jones v. Mississippi | Does the Eighth Amendment require the sentencing authority to find that a juvenile is incorrigible before imposing a sentence of life without parole? | March 9, 2020 | |
June Medical Services, LLC v. Russo | Does the Fifth Circuit's decision, 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? | October 4, 2019 | March 4, 2020 |
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania | (1) Does a litigant who is directly protected by an administrative rule and has been allowed to intervene to defend it lack standing to appeal a decision invalidating the rule if the litigant is also protected by an injunction from a different court? (2) Is the federal government lawfully exempted religious objectors from the regulatory requirement to provide health plans that include contraceptive coverage? | January 17, 2020 | May 6, 2020 |
McGirt v. Oklahoma | Can Oklahoma courts exercise criminal jurisdiction over Indians accused of major crimes in Indian country under the Indian Major Crimes Act? | December 13, 2019 | May 11, 2020 |
Niz-Chavez v. Barr | To serve notice in accordance with 8 U.S.C. § 1229(a) and trigger the stop-time rule, must the government serve a specific document that includes all the information identified in section 1229(a), or may it serve that information over the course of as many documents and as much time as it chooses? | June 8, 2020 | |
Our Lady of Guadalupe School v. Morrisey-Berru | Do the Establishment Clause and Free Exercise Clause prevent civil courts from adjudicating employment discrimination claims by an employee against her religious employer, when the employee performed important religious functions? | December 18, 2019 | May 11, 2020 |
Patent & Trademark v. Booking.com B.V. | Does the addition of a generic top-level domain (.com) to an otherwise generic term create a protectable trademark? | November 8, 2019 | May 4, 2020 |
Pereida v. Barr | Does a criminal conviction bar a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offence listed in the Immigration and Nationality Act? | December 18, 2019 | |
Rutledge v. Pharmaceutical Care Management | Is Arkansas’s statute regulating PBMs’ drug-reimbursement rates preempted by ERISA? | January 10, 2020 | |
Salinas v. Railroad Retirement Board | Is the Railroad Retirement Board’s denial of a request to reopen a prior benefits determination a “final decision” subject to judicial review? | January 10, 2020 | |
Seila Law, LLC v. CFPB | (1) Does the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violate the separation of powers? (2) If the Consumer Financial Protection Bureau is found unconstitutional on the basis of the separation of powers, can 12 U.S.C. § 5491(c)(3) be severed from the Dodd-Frank Act? | October 18, 2019 | March 3, 2020 |
Sharp v. Murphy | Do the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an "Indian reservation" today? | May 21, 2018 | November 27, 2018[nb 1] |
Tanzin v. Tanvir | Does the Religious Freedom Restoration Act of 1993 permit suits seeking money damages against individual federal employees? | November 22, 2019 | |
Texas v. New Mexico | (1) Did the River Master err in calculating New Mexico’s delivery credit for evaporation losses under the Pecos River Compact? (2) Did the River Master appropriately entertain New Mexico’s request for delivery credit for evaporation losses under the Compact? | June 27, 1974 | |
Torres v. Madrid | Is an unsuccessful attempt to detain a suspect a "seizure" within the meaning of the Fourth Amendment? | December 18, 2019 | |
Trump v. Mazars USA, LLP | Does the United States House Committee on Oversight and Reform have the constitutional and statutory authority to issue a subpoena for the President's financial records? | December 13, 2019 | May 12, 2020 |
Trump v. Deutsche Bank AG | Does the Committee on Financial Services and the Intelligence Committee of the U.S. House of Representatives have the constitutional and statutory authority to issue a subpoena to creditors for President Donald Trump and several of his business entities demanding private financial records belonging to the president. | December 13, 2019 | May 12, 2020 |
Trump v. Vance | Does a grand-jury subpoena by a state District Attorney for the President's financial records violate Article II and the Supremacy Clause of the United States Constitution? | December 13, 2019 | May 12, 2020 |
USAID v. Alliance for Open Society Int'l | Does the First Amendment bar enforcement of a directive to "have a policy to explicitly oppose prostitution and sex trafficking" with respect to legally distinct foreign entities operating overseas that are affiliated with respondents? | December 13, 2019 | May 5, 2020 |
United States v. Briggs | Does the Uniform Code of Military Justice allow prosecution of a rape committed between 1986 and 2006 if it was not discovered and charged within five years? | November 15, 2019 | |
U.S. Fish and Wildlife Service v. Sierra Club | Does exemption 5 of the Freedom of Information Act allow federal agencies to withhold draft documents prepared as part of a formal interagency consultation under the Endangered Species Act of 1973? | March 2, 2020 | |
Van Buren v. United States | 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 the same information for an improper purpose? | April 20, 2020 |
See also
Notes
- On June 27, 2019, this case was scheduled for reargument.[3]
References
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