List of pending United States Supreme Court cases

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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][3]

Future argument dates are in parentheses; arguments in these cases have been scheduled, but have not, and potentially may not, take place.

October Term 2023 cases

Case Docket no. Question(s) presented Certiorari granted Oral argument
Corner Post, Inc. v. Board of Governors of the Federal Reserve System 22-1008 Does a plaintiff’s Administrative Procedure Act claim "first accrue[]" under 28 U.S.C. § 2401(a) when an agency issues a rule—regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)—or when the rule first causes a plaintiff to "suffer[] legal wrong" or be "adversely affected or aggrieved" (as the Sixth Circuit has held)? September 29, 2023 February 20, 2024
Moody v. NetChoice, LLC
NetChoice v. Paxton
22-277
22-555
(1) Whether the laws' content-moderation restrictions comply with the First Amendment; and
(2) whether the laws' individualized-explanation requirements comply with the First Amendment.
September 29, 2023 February 26, 2024
Trump v. United States 23-939 Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. February 28, 2024 April 25, 2024

October Term 2024 cases

Case Docket no. Question(s) presented Certiorari granted Oral argument
Advocate Christ Medical Center v. Becerra 23-715 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 June 10, 2024
Bouarfa v. Mayorkas 23-583 Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. April 29, 2024
Bufkin v. McDonough 23-713 Whether the U.S. Court of Appeals for Veterans Claims must 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), which directs the court to “take due account” of the Department of Veterans Affairs’ application of that rule. April 29, 2024
City and County of San Francisco v. EPA 23-753 Whether the Clean Water Act allows 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. May 28, 2024
Delligatti v. United States 23-825 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. June 3, 2024
Dewberry Group, Inc. v. Dewberry Engineers, Inc. 23-900 Whether an award of the “defendant’s profits” under the Lanham Act can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates. June 24, 2024
E.M.D. Sales, Inc. v. Carrera 23-217 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. June 17, 2024
Facebook, Inc. v. Amalgamated Bank 23-980 Whether risk disclosures are 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. June 10, 2024
Feliciano v. Department of Transportation 23-861 Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency. June 24, 2024
Garland v. VanDerStok 23-852 (1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and
(2) whether “a partially complete, disassembled, or nonfunctional frame or receiver” that is “designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act.
April 22, 2024
Glossip v. Oklahoma 22-7466 (1) Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that witness's false testimony about that care and related diagnosis violate the due process of law. See Brady v. Maryland, 373 U.S. 83 (1963); Napue v. Illinois, 360 U.S. 264 (1959); and
(2) whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims. See Kyles v. Whitley, 514 U.S. 419 (1995); and
(3) whether due process of law requires reversal, where a capital conviction is so infected with errors that the State no longer seeks to defend it. See Escobar v. Texas, 143 S. Ct. 557 (2023) (mem.); and
(4) whether the Oklahoma Court of Criminal Appeals' holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment.
January 22, 2024
Kousisis v. United States 23-909 (1) Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme;
(2) whether a sovereign's statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services; and
(3) whether all contract rights are "property."
June 17, 2024
Lackey v. Stinnie 23-621 (1) Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988; and
(2) whether a party must obtain an enduring change in the parties' legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under Section 1988.
April 22, 2024
Medical Marijuana, Inc. v. Horn 23-365 Whether economic harms resulting from personal injuries are 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. April 29, 2024
NVIDIA Corporation v. E. Ohman J:or Fonder AB 23-970 (1) Whether plaintiffs seeking to allege scienter under the Private Securities Litigation Reform Act based on allegations about internal company documents must plead with particularity the contents of those documents; and
(2) whether plaintiffs can satisfy the Act's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact.
June 17, 2024
Republic of Hungary v. Simon 23-867 (1) Whether historical commingling of assets suffices 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) whether a plaintiff must make out a valid claim that an exception to the FSIA applies at the pleading stage, rather than merely raising a plausible inference; and
(3) whether a sovereign defendant bears 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.
June 24, 2024
Royal Canin U.S.A., Inc. v. Wullschleger 23-677 (1) Whether a post-removal amendment of a complaint to omit federal questions defeats federal-question subject matter jurisdiction pursuant to 28 U.S.C. § 1331; and
(2) whether such a post-removal amendment of a complaint precludes a district court from exercising supplemental jurisdiction over the plaintiff's remaining state-law claims pursuant to 28 U.S.C. § 1367.
April 29, 2024
Seven County Infrastructure Coalition v. Eagle County 23-975 Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority. June 24, 2024
Stanley v. City of Sanford 23-997 Whether, under the Americans with Disabilities Act, a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job. June 24, 2024
United States v. Miller 23-824 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. June 24, 2024
United States v. Skrmetti 23-477 Whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow "a minor to identify with, or live as, a purported identity inconsistent with the minor's sex" or to treat "purported discomfort or distress from a discordance between the minor’s sex and asserted identity," violates the equal protection clause of the 14th Amendment. June 24, 2024
Williams v. Washington 23-191 Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court. January 12, 2024
Wisconsin Bell, Inc. v. United States ex rel. Todd Heath 23-1127 Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are "claims" under the False Claims Act. June 17, 2024

See also

Notes

References

  1. ^ "2022–23 Term". Oyez. Retrieved July 1, 2022.
  2. ^ "Calendars and Lists". www.supremecourt.gov. Retrieved January 8, 2021.
  3. ^ "October Term 2022 Cases for Argument" (PDF). supremecourt.gov. Retrieved June 11, 2022.