SCOTUS Pending Cases as of 25-Jun-2024

SCOTUS will be deciding on several cases this week before ending this court session, not all cases will be decided. SCOTUS is scheduled to return to session on the 1st Monday of October.

The hyperlinked dock numbers will provide an overview to the facts of the case…

Trump v United States 23-939 - 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?

Securities and Exchange Commission v. Jarkesy 22-859 - Does the statutory scheme that empowers the Securities and Exchange Commission violate the Seventh Amendment, the non-delegation doctrine, or Article II of the U.S. Constitution?

Relentless, Inc. v. Department of Commerce 22-1219 - 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?

Ohio v. Environmental Protection Agency 23A349 - 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?

NetChoice, LLC v. Paxton 22-555 - Do Texas HB 20’s provisions prohibiting social media platforms from censoring users’ content and imposing stringent disclosure requirements violate the First Amendment?

Moyle v. United States 23-726 - Does the federal Emergency Medical Treatment and Labor Act preempt an Idaho law that criminalizes most abortions in that state?

Moody v. NetChoice, LLC 22-277 - 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?

Loper Bright Enterprises v. Raimondo 22-451 - 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?

Harrington v. Purdue Pharma L.P. 23-124 - 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?

Fischer v. United States 22-5572 - Does 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, include acts unrelated to investigations and evidence?

Corner Post, Inc. v. Board of Governors of the Federal Reserve System 22-1008 - 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?

City of Grants Pass v. Johnson 23-175 - Does a city’s enforcement of public camping against involuntarily homeless people violate the Eighth Amendment’s protection against cruel and unusual punishment?

Carnahan v. Maloney 22-425 - 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?

Brown v. United States 22-6389 - 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?