Supreme Court Oral Arguments

New York v. New Jersey Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Mar 1, 2023.Decided on Apr 18, 2023. Petitioner: New York.Respondent: New Jersey. Advocates: Judith N. Vale (for New York) Jeremy M. Feigenbaum (for New Jersey) Austin L. Raynor (for the United States, as amicus curiae, supporting New Jersey) Facts of the case (from oyez.org) New York and New Jersey entered into an interstate compact called the Waterfront Commission Compact to fight corruption in the Port of New York and New Jersey. New Jersey then sought to withdraw unilaterally from the compact. New York objected to New Jersey’s withdrawal. Question May New Jersey unilaterally withdraw from the Waterfront Commission Compact with New York? Conclusion New Jersey may unilaterally withdraw from the 1953 Waterfront Commission Compact. Justice Brett Kavanaugh authored the unanimous opinion of the Court. The Waterfront Commission Compact does not address unilateral withdrawal. Other principles of law in effect at the time the compact was entered would have informed their understanding of the Compact. One such principle is that a contract that contemplates “continuing performance for an indefinite time is to be interpreted as stipulating only for performance terminable at the will of either party.” Thus, with this understanding, either state may unilaterally withdraw. The principle of state sovereignty further supports this conclusion.

Biden v. Nebraska Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Feb 28, 2023.Decided on Jun 30, 2023. Petitioner: Joseph R. Biden, President of the United States, et al..Respondent: Nebraska, et al.. Advocates: Elizabeth B. Prelogar (for the Petitioners) James A. Campbell (for the Respondents) Facts of the case (from oyez.org) In 2020, then-presidential candidate Joseph Biden promised to cancel up to $10,000 of federal student loan debt per borrower. After winning the election, the Biden administration announced its intent to forgive, via executive action, $10,000 in student loans for borrowers with an annual income of less than $125,000. Nebraska and five other states challenged the forgiveness program, arguing that it violated the separation of powers and the Administrative Procedure Act. The district court dismissed the challenge, finding that the states lacked judicial standing to sue. The U.S. Court of Appeals for the Eighth Circuit enjoined the forgiveness program pending the appeal. Question 1. Do Nebraska and other states have judicial standing to challenge the student-debt relief program? 2. Does the student-debt relief program exceed the statutory authority of the U.S. Secretary of Education, or does it violate the Administrative Procedure Act? Conclusion The Secretary of Education does not have authority under the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to establish a student loan forgiveness program that will cancel roughly $430 billion in debt principal and affect nearly all borrowers. Chief Justice John Roberts authored the majority opinion of the Court. First, the Court concluded that Missouri has standing to challenge the student-debt relief program. Article III requires a plaintiff to have suffered an injury in fact—a concrete and imminent harm to a legally protected interest, like property or money—that is fairly traceable to the challenged conduct and likely to be redressed by the lawsuit. Here, the Secretary’s plan would cost MOHELA, a nonprofit government corporation created by Missouri to participate in the student loan market, an estimated $44 million a year in fees, and the harm to MOHELA in the performance of its public function is an injury to Missouri itself. Second, the Court determined that the HEROES Act’s authorization of the Secretary to “waive or modify” existing statutory or regulatory provisions applicable to financial assistance programs under the Education Act does not extend to canceling $430 billion of student loan principal. The Act permits the Secretary to “modify” statutory provisions but only “moderately or in minor fashion” as the term is ordinarily used. The “modifications” challenged here create a novel and fundamentally different loan forgiveness program that Congress could not have intended to permit. And the power to “waive” does not remotely resemble how such power has been used on prior occasions, where it was simply used to nullify particular legal requirements. Third, the Court rejected the Secretary’s argument that the unprecedented nature of the COVID-19 pandemic justified the unprecedented nature of the the debt cancellation plan. Citing its recent decision in West Virginia v. EPA, the Court expressed hesitance that Congress could have intended to confer such authority on the Secretary and not retain it for itself. Justice Amy Coney Barrett authored a concurring opinion. Justice Elena Kagan authored a dissenting opinion, in which Justices Sonia Sotomayor and Ketanji Brown Jackson joined.

Department of Education v. Brown Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Feb 28, 2023.Decided on Jun 30, 2023. Petitioner: United States Department of Education, et al..Respondent: Mayra Brown, et al.. Advocates: Elizabeth B. Prelogar (for the Petitioners) J. Michael Connolly (for the Respondents) Facts of the case (from oyez.org) Fulfilling one of then-presidential candidate Joseph Biden’s campaign promises, the Secretary of Education invoked its authority under the HEROES Act to create a loan forgiveness program in response to the COVID-19 pandemic and national emergency. Under the program, a student borrower qualified for loan forgiveness if (1) they made less than $125,000 individually or $250,000 if married and filing jointly, and (2) they had Direct, Perkins, or FFEL loans that were not commercially held. Qualified borrowers could receive $20,000 if they received a Pell Grant and $10,000 if they did not. Myra Brown and Alexander Taylor both have student loans. Brown is ineligible for debt forgiveness under the Program because her loans are commercially held, while Taylor is ineligible for the full $20,000 in debt forgiveness because he did not receive a Pell Grant. They challenged the loan forgiveness program, arguing that if the Biden administration had followed proper procedures in adopting the plan, they would have been able to weigh in on the plan and urge for a plan that would have been more beneficial to them. The district court found that the program was an unconstitutional exercise of legislative power vested in Congress and issued a nationwide injunction. The U.S. Court of Appeals for the Fifth Circuit declined to stay the injunction. Question Do these two student-loan borrowers have Article III standing to challenge the Department of Education’s Student Loan Debt Relief Plan? Is the Plan an unconstitutional exercise of legislative power by the Secretary of the Department of Education? Conclusion Respondents lack Article III standing to assert a procedural challenge to the student-loan debt-forgiveness plan adopted by the Secretary of Education pursuant to Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). Justice Samuel Alito authored the opinion for a unanimous Court. For a plaintiff to have standing, they must establish: (1) a concrete and particularized injury, (2) that is fairly traceable to the defendant's action, and (3) that is likely to be redressed by a favorable decision. Here, the “fairly traceable” element fails. The respondents' injury is not “fairly traceable” to the plan enacted under the HEROES Act, as they have not established a direct link between the HEROES Act plan and their desired outcome of a more favorable loan-forgiveness program under the Higher Education Act of 1965 (HEA). Any link is too tenuous and speculative to establish standing.

Dubin v. United States Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Feb 27, 2023.Decided on Jun 8, 2023. Petitioner: David Fox Dubin.Respondent: United States. Advocates: Jeffrey L. Fisher (for the Petitioner) Vivek Suri (for the Respondent) Facts of the case (from oyez.org) William Joseph Dubin was a licensed psychologist in Texas and ran a psychology practice called “Psychological A.R.T.S., P.C.” (PARTS). His son, David Dubin, worked for PARTS in a business capacity. PARTS was an enrolled Medicaid provider, which means it is required to comply with Medicaid laws and regulations. Among other alleged violations, David Dubin used patients’ Medicaid reimbursement numbers—to obtain reimbursements for services PARTS did not provide those patients. This conduct formed the basis of a charge of identity theft under 18 U.S.C. §§ 2 and 1028A, which requires a two-year sentence for “[w]hoever ... knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person" during the commission of an enumerated felony.” William and David Dubin were convicted, and the U.S. Court of Appeals for the Fifth Circuit affirmed. The court granted rehearing en banc to consider the sufficiency of the evidence and affirmed the panel. Question Does a person commit aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense? Conclusion A person commits “aggravated identity theft,” if he “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of—rather than merely peripheral to—what makes the conduct criminal. Justice Sonia Sotomayor authored the majority opinion of the Court. The meaning of each of the two key phrases—”uses” and “in relation to”—depends heavily on context. First, the very title of Section 1028A(a)(1), “Aggravated identity theft,” suggests that identity theft is at the core of that provision, particularly in contrast to a neighboring provision with a much broader title and scope. The language of 1028A(a)(1) further supports this reading. The provision applies when a defendant “knowingly transfers, possesses, or uses” another’s identification without lawful authority. From this context, it is clear that “uses” refers to conduct akin to theft, rather than its broader meaning of “virtually any function.” Finally, the list of predicate offenses suggests that the means of identification is at the crux of the underlying criminality, not just a peripheral feature. Justice Neil Gorsuch authored an opinion concurring in the judgment in which he argues that the statute is too vague and the majority’s opinion does little to clarify its meaning.

Twitter, Inc. v. Taamneh Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Feb 22, 2023.Decided on May 18, 2023. Petitioner: Twitter, Inc., et al..Respondent: Mehier Taamneh, et al.. Advocates: Seth P. Waxman (for the Petitioner) Edwin S. Kneedler (for the United States, as amicus curiae, supporting reversal) Eric Schnapper (for the Respondents) Facts of the case (from oyez.org) This case arises from the same set of facts as Gonzalez v. Google. Nohemi Gonzalez, a U.S. citizen, was killed by a terrorist attack in Paris, France, in 2015—one of several terrorist attacks that same day. The day afterwards, the foreign terrorist organization ISIS claimed responsibility by issuing a written statement and releasing a YouTube video. Gonzalez’s father filed an action against Google, Twitter, and Facebook, claiming, among other things, all three platforms were liable for aiding and abetting international terrorism by failing to take meaningful or aggressive action to prevent terrorists from using its services, even though they did not play an active role in the specific act of international terrorism that actually injured Gonzalez. The district court dismissed the claims based on aiding-and-abetting liability under the Anti-Terrorism Act, and the U.S. Court of Appeals for the Ninth Circuit reversed. Question 1. Does an internet platform “knowingly” provide substantial assistance under 18 U.S.C. § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use? 2. May an internet platform whose services were not used in connection with the specific “act of international terrorism” that injured the plaintiff still be liable for aiding and abetting under Section 2333? Conclusion Twitter did not “knowingly” provide substantial assistance under 18 U.S.C. § 2333, and thus cannot be said to have aided and abetted ISIS in its terrorist attack on a nightclub in Istanbul, Turkey. Justice Clarence Thomas authored the unanimous opinion of the Court. Section 2333 establishes liability for anyone “who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.” To “aid and abet” requires three elements: (1) the party whom the defendant aids must perform a wrongful act that causes an injury, (2) the defendant must be generally aware of his role as part of an illegal activity at the time he provides assistance, and (3) the defendant must knowingly and substantially assist the principal violation.” The plaintiffs (respondents) in this case satisfied the first two elements by alleging both that ISIS committed a wrong and that the defendants knew they were playing some sort of role in ISIS’s enterprise. They failed to show, however, that the defendants gave such knowing and substantial assistance to ISIS that they culpably participated in the Reina attack. Courts use six flexible factors to assess the third element, whether a defendant knowingly and substantially assisted the principal violation: (1) “the nature of the act assisted,” (2) the “amount of assistance” provided, (3) whether the defendant was “present at the time” of the principal tort, (4) the defendant’s “relation to the tortious actor,” (5) the “defendant’s state of mind,” and (6) the “duration of the assistance” given. Applying these factors, the Court found that the plaintiffs failed to allege that Twitter did more than transmit information by billions of people—most of whom use the platform for interactions that once took place via mail, on the phone, or in public areas. Without more, their claim that Twitter aided and abetted ISIS in its terrorist attack on a nightclub in Istanbul must fail. Justice Ketanji Brown Jackson authored a concurring opinion to point out the narrowness of the decision due to the stage of litigation (the motion to dismiss stage).

Gonzalez v. Google LLC Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Feb 21, 2023.Decided on May 18, 2023. Petitioner: Reynaldo Gonzalez, et al..Respondent: Google LLC. Advocates: Eric Schnapper (for the Petitioners) Malcolm L. Stewart (for the United States, as amicus curiae, supporting vacatur) Lisa S. Blatt (for the Respondent) Facts of the case (from oyez.org) This case arises from the same set of facts as Twitter v. Taamneh. Nohemi Gonzalez, a U.S. citizen, was killed by a terrorist attack in Paris, France, in 2015—one of several terrorist attacks that same day. The day afterwards, the foreign terrorist organization ISIS claimed responsibility by issuing a written statement and releasing a YouTube video. Gonzalez’s father filed an action against Google, Twitter, and Facebook, claiming, among other things, that Google aided and abetted international terrorism by allowing ISIS to use its platform—specifically YouTube—“to recruit members, plan terrorist attacks, issue terrorist threats, instill fear, and intimidate civilian populations.” Specifically, the complaint alleged that because Google uses computer algorithms that suggest content to users based on their viewing history, it assists ISIS in spreading its message. Gonzalez claimed that all three platforms were also liable for aiding and abetting international terrorism by failing to take meaningful or aggressive action to prevent terrorists from using its services, even though they did not play an active role in the specific act of international terrorism that actually injured Gonzalez. The district court granted Google’s motion to dismiss the claim based on Section 230, and the U.S. Court of Appeals for the Ninth Circuit affirmed. Question Does Section 230(c)(1) of the Communications Decency Act immunize interactive computer services when they make targeted recommendations of information provided by another information content provider? Conclusion Citing its decision in Twitter v. Taamneh, the Court declined to reach the question presented in this case and vacated the judgment of the Ninth Circuit and remanded for further proceedings consistent with that opinion. Although this disposition technically favors Gonzalez, the practical effect on remand is dismissal of Gonzalez's claim.

Perez v. Sturgis Public Schools, et al. Justia (with opinion) · Docket · oyez.org Argued on Jan 18, 2023.Decided on Mar 21, 2023. Petitioner: Miguel L.V. Perez.Respondent: Sturgis Public Schools, et al.. Advocates: Roman Martinez (for the Petitioner) Anthony A. Yang (for the United States, as amicus curiae, supporting the Petitioner) Shay Dvoretzky (for the Respondents) Facts of the case (from oyez.org) Miguel Perez is a 23-year-old deaf student in Michigan. Although the school assigned him a classroom aide, the aide was not trained to work with deaf students and did not know sign language. Shortly before Perez was supposed to graduate, the school notified his parents that he did not qualify for a diploma. Perez filed a complaint with the Michigan Department of Education alleging that the school denied him an adequate education and violated numerous federal and state education laws: the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), the Rehabilitation Act, and two Michigan disabilities laws. Before a hearing on the IDEA claim, the parties settled. As part of the settlement, the school agreed to pay for Perez to attend the Michigan School for the Deaf, for any post-secondary compensatory education, and for sign language instruction for Perez and his family. Perez then sued the school district and board of education in federal court, claiming that the school discriminated against him by not providing the resources necessary for him to participate in class. The district court dismissed the ADA claim based on failure to exhaust administrative proceedings because he settled his IDEA claim before the hearing. The U.S. Court of Appeals for the Sixth Circuit affirmed. Question Do the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) require a student to exhaust his administrative proceedings against the school district even when such proceedings would be futile? Conclusion An Americans with Disabilities Act (ADA) lawsuit seeking compensatory damages may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides. Justice Neil Gorsuch authored the unanimous opinion of the Court holding that Perez may pursue his ADA claim. Section 1415(l) contains a general rule and an exception. As a general rule, IDEA does not restrict the ability to seek “remedies” under “other Federal laws protecting the rights of children with disabilities.” However, before filing a civil action under other federal laws “seeking relief that is also available” under IDEA, “the procedures under [§1415](f) and (g) shall be exhausted.” If a plaintiff seeks, as Perez did in this case, remedies that are unavailable under IDEA, the second provision does not require the plaintiff to exhaust other procedures for relief.

Turkiye Halk Bankasi A.S. v. United States Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Jan 17, 2023.Decided on Apr 19, 2023. Petitioner: Turkiye Halk Bankasi A.S..Respondent: United States of America. Advocates: Lisa S. Blatt (for the Petitioner) Eric J. Feigin (for the Respondent) Facts of the case (from oyez.org) Turkiye Halk Bankasi (“Halkbank”) is a commercial bank that is majority-owned by the Government of Turkey. A 2019 grand jury charged Halkbank with participating in a money-laundering scheme involving billions of dollars’ worth of Iranian oil and natural gas proceeds, in violation of U.S. sanctions against Iran. Halkbank moved to dismiss the indictment, arguing that the Foreign Sovereign Immunities Act (FSIA) immunizes it from criminal prosecution because it is majority-owned by the Government of Turkey. Further, it argued that FSIA’s exceptions to immunity apply only to civil, not criminal, cases, and even if they include criminal cases, it is nevertheless entitled to immunity under common law. The district court rejected Halkbank’s arguments, and the U.S. Court of Appeals for the Second Circuit affirmed, finding that even if FSIA confers immunity from criminal prosecutions, the conduct at issue falls within FSIA’s commercial activity exception. Question May the district courts properly exercise subject-matter jurisdiction over the criminal prosecution against Halkbank in this case based on the commercial activity exception to the Foreign Sovereign Immunities Act? Conclusion The district court has jurisdiction in this criminal prosecution; the Foreign Sovereign Immunities Act’s comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities does not cover criminal cases. Justice Brett Kavanaugh authored the 7-2 majority opinion of the Court. 18 U.S.C. § 3231 contains a broad jurisdictional grant: it gives district courts original jurisdiction over “all offenses against the laws of the United States.” Absent a textual exclusion of foreign states, the most natural reading of that provision is that it includes them. The Foreign Sovereign Immunities Act covers only civil cases. It grants district courts original jurisdiction over “any nonjury civil action against a foreign state” as to “any claim for relief in personam with respect to which the foreign state is not entitled to immunity” and describes procedures and remedies applicable exclusively in civil, not criminal, cases. FSIA is silent as to criminal prosecutions. Its one provision that a “foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter” must be read in conjunction with the rest of the Act, which focuses exclusively on civil matters. However, principles of common-law immunity might preclude this criminal prosecution even if the FSIA does not. Thus, the Court affirmed the appellate court’s determination that the district court had jurisdiction, reversed as to its conclusion that FSIA granted immunity from criminal prosecution, and vacated and remanded as to the issue of common-law immunity claims. Justice Neil Gorsuch authored an opinion concurring in part and dissenting in part, joined by Justice Samuel Alito. Justice Gorsuch argued that FSIA alone dictates the answer to the immunity questions in this case and thus agrees with the majority as to all but the judgment to vacate and remand the question of common-law immunity.

Santos-Zacaria v. Garland Justia (with opinion) · Docket · oyez.org Argued on Jan 17, 2023.Decided on May 11, 2023. Petitioner: Leon Santos-Zacaria.Respondent: Merrick B. Garland, Attorney General. Advocates: Paul W. Hughes (for the Petitioner) Yaira Dubin (for the Respondent) Facts of the case (from oyez.org) Santos is a native and citizen of Guatemala seeking asylum in the United States based on the likelihood of persecution due to her sexual orientation and transgender identity. An immigration judge denied her application for withholding removal, finding one prior assault was insufficient to establish past persecution. The immigration judge also denied her claim for relief under the Convention Against Torture (CAT). Santos appealed to the Board of Immigration Appeals, which dismissed her appeal. Although the Board concluded her past assault was sufficient to establish past persecution and thus a presumption of future persecution, the government had rebutted that presumption. The Board affirmed the immigration judge’s determination that Santos had not established eligibility for relief under the CAT. The U.S. Court of Appeals for the Fifth Circuit denied Santos’s petition to review the Board’s determination that she was not eligible for relief under CAT and dismissed for lack of jurisdiction her challenge to the adequacy of the Board’s analysis because she failed to raise that argument in a motion for reconsideration. Question Does 8 U.S.C. § 1252(d)(1) bar a court of appeals from reviewing an immigrant’s claim that the Board of Immigration Appeals had engaged in impermissible factfinding because the immigrant had not exhausted that claim through a motion to reconsider? Conclusion Title 8 U.S.C. § 1252(d)(1) is not a jurisdictional provision; it does not require an immigrant to seek a motion to reconsider, which is a discretionary form of review, only remedies available as a matter of right. Justice Ketanji Brown Jackson authored the majority opinion of the Court. The language of § 1252(d)(1) is substantially different from jurisdictional provisions found elsewhere. Absent a clear statement that Congress intended the forfeiture rule to be jurisdictional, courts should not interpret such rules as jurisdictional because of the potentially harsh consequences of doing so. Thus, § 1252(d)(1) is best understood to require a noncitizen to exhaust only those remedies available as of right. Justice Samuel Alito filed an opinion concurring in the judgment, in which Justice Clarence Thomas joined.

Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. Justia (with opinion) · Docket · oyez.org Argued on Jan 11, 2023.Decided on May 11, 2023. Petitioner: Financial Oversight and Management Board for Puerto Rico.Respondent: Centro de Periodismo Investigativo, Inc.. Advocates: Mark D. Harris (for the Petitioner) Aimee W. Brown (for the United States, as amicus curiae, supporting vacatur) Sarah M. Harris (for the Respondent) Facts of the case (from oyez.org) The Centro de Periodismo Investigativo (“CPI”) is a nonprofit media organization based in Puerto Rico. It seeks disclosure of documents relating to Puerto Rico’s fiscal situation from the Financial Oversight and Management Board for Puerto Rico (“the Board”). The Board has declined to release the requested documents, and CPI asked the district court to compel production. The Board asked the district court to dismiss the litigation, arguing that it is immune from suit pursuant to both the Eleventh Amendment of the U.S. Constitution and the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”). The district court disagreed with the Board, finding PROMESA abrogated any possible Eleventh Amendment immunity the Board might have enjoyed, and the U.S. Court of Appeals for the First Circuit affirmed. Question Does the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims? Conclusion Nothing in the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) categorically abrogates any sovereign immunity the Financial Oversight and Management Board for Puerto Rico enjoys from legal claims. Justice Elena Kagan authored the 8-1 majority opinion of the Court. If Congress wishes to abrogate sovereign immunity, it must do so using “unmistakably clear” language in the statute. The Supreme Court has found such language only in two types of situations: when a statute expressly states that it is stripping immunity from a sovereign entity, and when a statute creates a cause of action and authorizes a lawsuit against a government based on that cause of action. There is no such language in PROMESA, nor does it create a cause of action for use against the Board or Puerto Rico. Even § 2126(a)—which provides that “any action against the Oversight Board, and any action otherwise arising out of [PROMESA] . . . shall be brought” in the Federal District Court for Puerto Rico—does not amount to a clear intent to abrogate sovereign immunity. Justice Clarence Thomas authored a dissenting opinion, arguing that Puerto Rico lacks state sovereign immunity, which would make the question of abrogation superfluous.

Glacier Northwest, Inc. v. International Brotherhood of Teamsters Justia (with opinion) · Docket · oyez.org Argued on Jan 10, 2023.Decided on Jun 1, 2023. Petitioner: Glacier Northwest, Inc..Respondent: International Brotherhood of Teamsters. Advocates: Noel J. Francisco (for the Petitioner) Vivek Suri (for the United States, as amicus curiae, supporting neither party) Darin M. Dalmat (for the Respondent) Facts of the case (from oyez.org) Glacier Northwest is a Washington corporation that sells and delivers ready-mix concrete to businesses in the state. It employs approximately 80-90 truck drivers to deliver concrete, and Local 174 is the exclusive union representative for Glacier’s truck drivers in King County. In 2017, during negotiations for a new collective bargaining agreement (CBA), Glacier truck drivers went on strike, resulting in the loss of some of Glacier’s concrete. Glacier sued Local 174 in state court for six tort claims arising from Local 174’s alleged role that resulted in Glacier’s loss of concrete. The trial court dismissed the claims arising before the CBA was reached, finding they were preempted by the federal National Labor Relations Act, and it granted summary judgment dismissal of the remaining claims primarily on state law grounds. The appellate court reversed as to the pre-CBA claims, finding the NLRA did not preempt those claims. The state supreme court reversed as to the preemption issue. Question Does the National Labor Relations Act preempt a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute? Conclusion The National Labor Relations Act (NLRA) did not preempt Glacier’s state-court lawsuit alleging that the union intentionally destroyed the company’s property during a labor dispute. Justice Amy Coney Barrett authored the majority opinion of the Court. The position of the National Labor Relations Board (NLRB) is that while the NLRA generally recognizes the right of workers to strike, it does not protect from liability strikers who fail to take “reasonable precautions” to protect their employer’s property from foreseeable harms caused by the sudden cessation of work. At the motion to dismiss stage, the court accepts the allegations in the complaint as true. Accepting the allegations here as true, the Union failed to take reasonable precautions to protect Glacier’s property, as the Union knew that concrete is highly perishable and, if left to harden in a truck’s drum, will cause significant damage to the truck. Because the Union knew of this risk—and indeed intended that result—the strike went beyond the conduct protected by the NLRA. Because the strike was not protected by federal law, the state tort claims were not preempted. Justice Clarence Thomas authored an opinion concurring in the judgment, in which Justice Neil Gorsuch joined. Justice Thomas would reach the same conclusion that the state-court claims are not preempted based on adherence to the Court’s decision in ___. He wrote separately to emphasize the “oddity” of the “broad pre-emption regime” in the case the majority relied on—San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959)—and suggesting that the Court reassess its holding in that case. Justice Samuel Alito authored an opinion concurring in the judgment, in which both Justices Thomas and Gorsuch joined. Justice Alito would reach the same conclusion based solely on the Court’s longstanding position that the NLRA does not immunize strikers who engage in trespass or violence against the employer’s property. Justice Ketanji Brown Jackson authored a dissenting opinion, pointing out that the test in Garmon is only whether the conduct at issue is “arguably” protected by the NLRA, as determined by the Board. She criticized the Court for stepping in to make that determination instead of allowing the Board to do so.

In re Grand Jury Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Jan 9, 2023.Decided on Jan 23, 2023. Petitioner: In re Grand Jury. Advocates: Daniel B. Levin (for the Petitioner) Masha G. Hansford (for the United States) Facts of the case (from oyez.org) A grand jury issued subpoenas to two parties—“Company” and “Law Firm”—requesting documents and communications related to a criminal investigation into the owner of Company and client of Law Firm. In response to the subpoenas, Company and Law Firm refused to disclose certain documents, citing attorney-client privilege and the work-product doctrine because the primary purpose of the documents at issue was to seek legal advice, not to obtain tax advice. The government moved to compel production, and the district court granted the government’s motion in part. Company and Law Firm disagreed with the district court’s ruling and continued to withhold the documents. The district court then held Company and Law Firm in contempt. The U.S. Court of Appeals for the Ninth Circuit affirmed, finding the primary purpose of the communications was to obtain legal advice. Question If a communication involves both legal and non-legal advice, when is it protected from disclosure by attorney-client privilege? Conclusion The Court dismissed certiorari as improvidently granted.

The Ohio Adjutant General’s Department v. Federal Labor Relations Authority Justia (with opinion) · Docket · oyez.org Argued on Jan 9, 2023.Decided on May 18, 2023. Petitioner: The Ohio Adjutant General’s Department, et al..Respondent: Federal Labor Relations Authority, et al.. Advocates: Benjamin M. Flowers (for the Petitioners) Nicole F. Reaves (for the federal Respondent) Andres M. Grajales (for the union Respondent) Facts of the case (from oyez.org) In 2016, the Ohio National Guard and its Adjutant General (the “Guard”) decided to end its 45-year-long relationship with the union that represents its technicians, who are civilian federal employees but are described as dual-status employees because of their hybrid civilian and military roles. As it was terminating the relationship, the Guard informed the union that it did not have Standard Form 1187s, which federal-sector bargaining-unit members are required to submit and which the Guard was obligated to maintain. The union filed four Unfair Labor Practice charges (ULPs) with the Federal Labor Relations Authority (FLRA). The FLRA’s regional general counsel investigated and found that the Guard had refused to negotiate in good faith. The Guard responded that it was not an “agency” and that the technicians were not “employees” within the meaning of the Federal Service Labor-Management Relations Statute. An administrative law judge (ALJ) disagreed, and a three-member FLRA panel adopted the ALJ’s recommended decision in full. The U.S. Court of Appeals for the Sixth Circuit denied the Guard’s petition for review, finding the FLRA has jurisdiction to adjudicate the collective-bargaining dispute. Question Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias? Conclusion The Federal Labor Relations Authority (FLRA) had jurisdiction over this labor dispute because the state militia was acting as a federal agency when it hired and supervised dual-status technicians serving in their civilian roles. Justice Clarence Thomas authored the 7-2 majority opinion of the Court. Under the Federal Service Labor-Management Relations Statute (FSLMRS), the FLRA has jurisdiction only over labor organizations and federal agencies. The FSLMRS defines “agency” to include the Department of Defense. Dual-status technicians are defined by statute to be employees of the Department of the Air Force or Department of the Army—both of which are components of the Department of Defense and thus plainly within the jurisdiction of the FLRA. By hiring and supervising these employees, the Ohio National Guard and its Adjutant General were acting as a federal agency. Justice Samuel Alito filed a dissenting opinion, in which Justice Neil Gorsuch joined, arguing that while the Guard may act as a federal agency, exercise the authority of such an agency, and function as an agency, is not actually an agency and thus is outside the jurisdiction of the FLRA.

Moore v. Harper Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Dec 7, 2022.Decided on Jun 27, 2023. Petitioner: Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives, et al..Respondent: Rebecca Harper, et al.. Advocates: David H. Thompson (for the Petitioners) Neal Kumar Katyal (for the Private Respondents) Donald B. Verrilli, Jr. (for the State Respondents) Elizabeth B. Prelogar (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) After the 2020 Census, in which North Carolina gained an additional seat in the U.S. House of Representatives and thus required redistricting of the state, North Carolina’s Republican-majority state legislature passed a partisan gerrymander. The map was challenged in state court, and in February 2022, the North Carolina Supreme Court struck down the map for violating the state constitution’s “free elections clause” and other provisions. The legislature proposed a second gerrymandered map, so the court ordered a special master to create a map for the 2022 congressional elections. The legislators asked the U.S. Supreme Court to review based on an argument that the Elections Clause of the U.S. Constitution gives state legislatures alone the authority to regulate federal elections—the so-called Independent State Legislature theory. Question Under the U.S. Constitution, does the state legislative body, independent of any constraints by state courts or other laws, have sole authority to regulate federal elections? Conclusion The Federal Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections. Chief Justice John Roberts authored the 6-3 majority opinion of the Court. First, the Court confirmed that it had jurisdiction to review the case. The North Carolina Supreme Court’s decision to overrule its previous judgment did not moot the case because there remains a live dispute between the parties. Second, the Court concluded that the Elections Clause does not grant state legislatures exclusive authority to regulate federal elections. Judicial review has been an accepted practice since Marbury v. Madison, and under the Court’s precedents, the Elections Clause authority of state legislatures is subject to checks and balances provided by the state constitution. State legislatures are not wholly independent bodies, and they are bound by the constraints imposed by the state constitutions. Third, state courts have the authority to interpret state laws affecting federal elections, but they cannot sidestep federal law. The Court declined to decide whether the North Carolina Supreme Court in this case overstepped its authority because that issue was not properly before it. Justice Brett Kavanaugh authored a concurring opinion noting that while the Court need not answer the question of which standard a federal court should employ to review a state court’s interpretation of state law in a case implicating the Elections Clause, there are three standards from which to choose that all convey the same point—deference but not abdication. Justice Clarence Thomas authored a dissenting opinion, in which Justices Neil Gorsuch and Samuel Alito joined, arguing that the question presented in the case was moot, and that the writ of certiorari should be dismissed.

U.S., ex rel. Polansky v. Executive Health Resources Justia (with opinion) · Docket · oyez.org Argued on Dec 6, 2022.Decided on Jun 16, 2023. Petitioner: United States, ex rel. Jesse Polansky, M.D., M.P.H..Respondent: Executive Health Resources, Inc., et al.. Advocates: Daniel L. Geyser (for the Petitioner) Frederick Liu (for Respondent the United States) Mark W. Mosier (for Respondent Executive Health Resources, Inc.) Facts of the case (from oyez.org) Dr. Jesse Polansky was an official at the Centers for Medicare and Medicaid Services (CMS) before consulting for Executive Health Resources (EHR). EHR is a company that provides review and billing certification services to hospitals and physicians that bill Medicare. While employed as a consultant, Polansky became concerned that EHR was systematically enabling its client hospitals to over-admit patients by certifying inpatient services that should have been provided on an outpatient basis. As a result, hospitals were billing the government for care that was not “reasonable and necessary,” in violation of CMS’s guidance and regulations. Polansky filed a lawsuit under the False Claims Act, and it remained under seal for two years while the government investigated. The government ultimately decided it would not participate in the case, at which point the case was unsealed and Polansky proceeded as plaintiff. Seven years after the initiation of the proceedings, and after considerable time and resources by the court and parties, the government notified the parties that it intended to dismiss the entire action. The district court granted the government’s motion to dismiss, and the U.S. Court of Appeals for the Third Circuit affirmed. Question Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies? Conclusion In a qui tam action filed under the False Claims Act, the United States may move to dismiss under 31 U.S.C. § 3730(c)(2)(A) whenever it has intervened—whether during the seal period or later on; in assessing a motion to dismiss an FCA action over a relator’s objection, district courts should apply the rule generally governing voluntary dismissal of suits in ordinary civil litigation—Federal Rule of Civil Procedure 41(a). Justice Elena Kagan authored the 8-1 majority opinion of the Court. Section 3730(c)(2)(A) provides that “[t]he Government may dismiss the action notwithstanding the objections of the [relator],” so long as the relator received notice and an opportunity for a hearing. Contrary to the government’s contention in this case, this does not mean that the government may dismiss the action without ever intervening in the case. Neither the text or subparagraph (2)(A) nor the broader context supports this understanding. But Polanksy’s contention—that the government may dismiss only if it intervenes during the seal period—also fails. Under § 3730(c)(3), the government can intervene either during the seal period or “at a later date upon a showing of good cause.” If the government successfully intervenes, then it becomes a party to the litigation with the attendant rights, including the right to dismiss. The Federal Rules of Civil Procedure are the default rules in civil litigation, and nothing warrants a departure from those rules here. Thus, in assessing a motion to dismiss an FCA action over a relator’s objection, district courts should apply the rule generally governing voluntary dismissal of suits in ordinary civil litigation—Rule 41(a). Justice Brett Kavanaugh authored a concurring opinion, in which Justice Amy Coney Barrett joined, calling upon the Court to consider, in an appropriate case, whether the qui tam device is inconsistent with Article II of the U.S. Constitution. Justice Clarence Thomas authored a dissenting opinion, arguing that the FCA does not permit the government to dismiss a qui tam action after it has declined to take over the action from the relator at the outset.

Bartenwerfer v. Buckley Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Dec 6, 2022.Decided on Feb 22, 2023. Petitioner: Kate M. Bartenwerfer.Respondent: Kieran Buckley. Advocates: Sarah M. Harris (for the Petitioner) Zachary D. Tripp (for the Respondent) Erica L. Ross (for the United States, as amicus curiae, supporting the Respondent) Facts of the case (from oyez.org) David and Kate Bartenwerfer renovated a house in San Francisco, California, and sold it to Kieran Buckley. After the sale, Buckley discovered defects in the house and sued the Bartenwerfers. A jury found for Buckley on several claims and awarded damages. The Bartenwerfers then filed for bankruptcy. In the bankruptcy court, Buckley initiated an adversary proceeding against the Bartenwerfers arguing that the state-court judgment could not be discharged in bankruptcy because the debt was obtained through fraud. The bankruptcy court agreed, finding that the Bartenwerfers had intended to deceive Buckley, that Mr. Bartenwerfer had actual knowledge of the factual misrepresentations, and that Mr. Bartenwerfer’s fraudulent conduct could be imputed onto Mrs. Bartenwerfer because of their partnership relationship. The Ninth Circuit Bankruptcy Appellate Panel (BAP) remanded the imputed liability finding with the instructions that the bankruptcy court determine whether Mrs. Bartenwerfer “knew or should have known” of Mr. Bartenwerfer’s fraud. On remand, the court held that Mrs. Bartenwerfer did not know of the fraud and thus was not liable for Mr. Bartenwerfer’s fraudulent conduct, and the BAP affirmed. Buckley appealed. The U.S. Court of Appeals for the Ninth Circuit reversed and remanded, concluding that the bankruptcy court applied the incorrect legal standard for imputed liability in a partnership relationship. The correct standard, based on binding Supreme Court and Ninth Circuit precedent, is whether the fraud was performed “on behalf of the partnership and in the ordinary course of business of the partnership.” Question Can a bankruptcy debtor be held liable for another person’s fraud, even when they were not aware of the fraud? Conclusion A debtor who is liable for her partner’s fraud cannot discharge that debt in bankruptcy, regardless of her own culpability. Justice Amy Coney Barrett authored the opinion for the unanimous Court holding that Mrs. Bartenwerfer could not discharge her partner’s debt even though she lacked knowledge of his fraud. Section 523(a)(2)(A) provides an exception to discharge of “any debt…for money…to the extent obtained by…false pretenses, a false representation, or actual fraud.” The passive voice of that provision eliminates the significance of who engaged in the fraud, suggesting an “agnosticism” as to the identity of the wrongdoer. Neither the fact that neighboring provisions of the Code treat debtors differently nor the Court’s precedents support an alternative reading of that provision. Moreover, the Bankruptcy Code seeks to balance multiple interests, and the preclusion of faultless debtors from discharging liabilities run up by their associates is but one of those. Justice Sonia Sotomayor authored a concurring opinion, in which Justice Ketanji Brown Jackson joined, to clarify that the Court’s opinion depends upon the agency relationship between Mrs. Bartenwerfer and her partner and that its decision does not consider the applicability of the provision when no such agency or partnership relationship exists.

MOAC Mall Holdings LLC v. Transform Holdco LLC Justia (with opinion) · Docket · oyez.org Argued on Dec 5, 2022.Decided on Apr 19, 2023. Petitioner: MOAC Mall Holdings LLC.Respondent: Transform Holdco LLC. Advocates: Douglas Hallward-Driemeier (for the Petitioner) Colleen E. Roh Sinzdak (for the United States, as amicus curiae, supporting the Petitioner) G. Eric Brunstad, Jr. (for the Respondents) Facts of the case (from oyez.org) Sears formerly occupied a space in the Mall of America in Minneapolis, Minnesota, under a lease with MOAC. In 2019, the bankruptcy court permitted Transform to assign the Sears lease to its wholly-owned subsidiary. MOAC moved to stay assignment of the lease, but the bankruptcy court denied the motion. MOAC appealed to federal district court but did so without first obtaining from the district court a stay of the assignment pending resolution of the appeal. Transform challenged the district court’s review of the bankruptcy court’s assignment order, claiming that Bankruptcy Code Section 363(m) “creates a rule of statutory mootness” barring appellate review of a sale “made to a good-faith purchaser” and not stayed pending appeal. Because MOAC had not obtained a stay, the district court dismissed as moot MOAC’s appeal. The U.S. Court of Appeals for the Second Circuit affirmed. Question Does Bankruptcy Code Section 363(m) limit the jurisdiction of appellate courts over an order approving the sale of a debtor’s assets or instead simply limit the remedies available on appeal from such an order? Conclusion Section 363(m) of the Bankruptcy Code—which restricts the effects of certain successful appeals of judicially authorized sales or leases of bankruptcy-estate property—is not a jurisdictional provision. Justice Ketanji Brown Jackson authored the unanimous opinion of the Court. Congressional statutes often contain restrictions and conditions on relief, but absent a “clear statement” that a provision is jurisdictional, courts must not treat these restrictions and conditions as jurisdictional. Jurisdictional provisions limit the power of the district court, whereas other limitations bear on the rights or obligations of the parties. Nothing in the limiting language of § 363(m)’s purports to “gover[n] a court’s adjudicatory capacity.” First, the text does not address a court’s authority or refer to the jurisdiction of district courts. Second, the structure of the Code and context of § 363(m) suggest it is not jurisdictional. The provision is separate from other provisions in the code that address federal courts’ jurisdiction over bankruptcy matters, and unlike other provisions, § 363(m) contains no “clear tie” to the jurisdictional provisions.

303 Creative LLC v. Elenis Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Dec 5, 2022.Decided on Jun 30, 2023. Petitioner: 303 Creative LLC.Respondent: Aubrey Elenis, et al.. Advocates: Kristen Kellie Waggoner (for the Petitioners) Eric R. Olson (for the Respondents) Brian H. Fletcher (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) Lorie Smith is the owner and founder of a graphic design firm, 303 Creative LLC. She wants to expand her business to include wedding websites. However, she opposes same-sex marriage on religious grounds so does not want to design websites for same-sex weddings. She wants to post a message on her own website explaining her religious objections to same-sex weddings. The Colorado AntiDiscrimination Act (“CADA”) prohibits businesses that are open to the public from from discriminating on the basis of numerous characteristics, including sexual orientation. The law defines discrimination not only as refusing to provide goods or services, but also publishing any communication that says or implies that an individual’s patronage is unwelcome because of a protected characteristic. Even before the state sought to enforce CADA against her, Smith and her company challenged the law in federal court, alleging numerous constitutional violations. The district court granted summary judgment for the state, and the U.S. Court of Appeals for the Tenth Circuit affirmed. Question Does application of the Colorado AntiDiscrimination Act to compel an artist to speak or stay silent violate the Free Speech Clause of the First Amendment? Conclusion The First Amendment prohibits Colorado from forcing a website designer to create expressive designs that convey messages with which the designer disagrees. Justice Neil Gorsuch authored the 6-3 majority opinion of the Court. The First Amendment exists to protect an “uninhibited marketplace of ideas” and individual liberty, which means the government generally cannot compel a person to espouse its preferred messages. The wedding websites Lorie Smith seeks to create in this case are “protected First Amendment speech.” Colorado's law, intending to enforce non-discrimination, would compel her to express messages contrary to her beliefs. Although public accommodations play a key role in promoting civil rights, these laws must bow to constitutional imperatives and cannot be used to compel individuals to express messages they disagree with. Justice Sonia Sotomayor authored a dissenting opinion, in which Justices Elena Kagan and Ketanji Brown Jackson joined, lamenting that, “the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.”

Wilkins v. United States Justia (with opinion) · Docket · oyez.org Argued on Nov 30, 2022.Decided on Mar 28, 2023. Petitioner: Larry Steven Wilkins, et al..Respondent: United States. Advocates: Jeffrey W. McCoy (for the Petitioners) Benjamin W. Snyder (for the Respondent) Facts of the case (from oyez.org) Robbins Gulch Road runs between Highway 93 and the Bitterroot National Forest, crossing the private properties of Larry Wilkins and Jane Stanton near Connor, Montana. The previous owners of each of their properties had granted the United States an easement for Robbins Gulch Road in 1962. In 2018, Wilkins and Stanton sued the United States under the Quiet Title Act (QTA) to confirm that the easement does not permit public use of the road and to enforce the government’s obligations to patrol and maintain the road against unrestricted public use. The district court granted the federal government’s motion to dismiss for lack of subject-matter jurisdiction, and the U.S. Court of Appeals for the Ninth Circuit affirmed. Question Is the Quiet Title Act’s statute of limitations a jurisdictional requirement or a claim-processing rule? Conclusion The Quiet Title Act’s 12-year statute of limitations is a claim-processing rule, not a jurisdictional requirement. Justice Sonia Sotomayor authored the 6-3 majority opinion of the Court holding that Wilkins's and Stanton's lawsuit may proceed. Jurisdictional rules tend to disrupt litigation, whereas procedural rules (including claim-processing rules) seek to facilitate the litigation process. Given the risk of disruption and waste that accompanies the jurisdictional label, courts will view a procedural requirement as jurisdictional only if Congress “clearly states” that it is. As a general rule, most statutes of limitations are nonjurisdictional. The 12-year statute of limitations described in 28 U.S.C. § 2409a(g) lacks a jurisdictional clear statement, and nothing in its text or context supports departing from the general rule that statutes of limitations are nonjurisdictional. Nor do any of the three cases the government cites definitively interpreted Section 2409a(g) as jurisdictional. Thus, the provision at issue is a claim-processing rule, not a jurisdictional one. Justice Clarence Thomas dissented, arguing that the Court has long treated conditions on waivers of sovereign immunity, such as the one at issue in this case, as jurisdictional, and he would recognize the Court’s precedents as resolving the question.

United States v. Texas Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Nov 29, 2022.Decided on Jun 23, 2023. Petitioner: United States of America, et al..Respondent: State of Texas and State of Louisiana. Advocates: Elizabeth B. Prelogar (for the Petitioners) Judd E. Stone, II (for the Respondents) Facts of the case (from oyez.org) In September 2021, the Secretary of Homeland Security issued the Guidelines for the Enforcement of Civil Immigration Law in an effort to allocate limited resources that could not feasibly deport every removable non-citizen presently in the United States. Texas and Louisiana challenged the Guidelines in federal court. The court concluded Texas had Article III standing to challenge the Guidelines because, as a result of the Guidelines, Texas would have to spend more money on law enforcement and social services. The court further concluded that the Guidelines violate the Administrative Procedure Act because they granted DHS discretion to decide who will be detained and when, and because they were issued without notice and comment. The court vacated the Guidelines nationwide, and the U.S. Court of Appeals for the Fifth Circuit denied a stay pending appeal. Question 1. Do the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law? 2. Do the Guidelines violate the Administrative Procedure Act? 3. Does 8 U.S.C. § 1252(f)(1) prevent the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2)? Conclusion Texas and Louisiana lack Article III standing to challenge immigration-enforcement guidelines promulgated by the Secretary of Homeland Security that prioritize the arrest and removal of certain noncitizens from the United States. Justice Brett Kavanaugh authored the majority opinion of the Court. For a plaintiff to establish standing, they must show that they have suffered a real, specific injury that was caused by the defendant and that the court can remedy. While the district court had concluded that the states would suffer an injury in the form of additional costs due to the arrest policy in question, the Supreme Court pointed out that the injury also has to be "legally and judicially cognizable"—in other words, that it should be a type of dispute that courts have traditionally been involved in resolving. The states failed to point to any precedent or historical practice that supported their claim to have standing in this particular issue. Second, the Court acknowledged that there are good reasons for federal courts to avoid these types of lawsuits, one of which is the Executive Branch’s discretion in deciding whom to arrest or prosecute, which falls under its constitutional Article II powers. Additionally, the courts generally lack the standards to judge the appropriateness of such enforcement decisions, which can be influenced by various factors like resource constraints and public safety needs. This conclusion does not mean that federal courts can never handle cases involving the Executive Branch's decisions about arrests or prosecutions. Indeed, certain circumstances might warrant a different standing analysis; for instance, if there are claims of selective prosecution based on discrimination, or if Congress has explicitly made certain injuries legally recognizable. Justice Neil Gorsuch authored an opinion concurring in the judgment, in which Justices Clarence Thomas and Amy Coney Barrett joined, arguing that the states lack standing not because of the “cognizable injury” aspect of standing, but because of the redressability requirement. Justice Barrett authored an opinion concurring in the judgment, in which Justice Gorsuch joined, also arguing that the case should be resolved on redressability grounds. Justice Samuel Alito authored a dissenting opinion, arguing that Texas does have standing.

Percoco v. United States Justia (with opinion) · Docket · oyez.org Argued on Nov 28, 2022.Decided on May 11, 2023. Petitioner: Joseph Percoco.Respondent: United States. Advocates: Jacob M. Roth (for the Petitioner) Nicole F. Reaves (for the Respondent) Facts of the case (from oyez.org) In 2012, New York Governor Andrew Cuomo launched an initiative, known as the “Buffalo Billion” initiative, to develop the greater Buffalo area. Alain Kaloyeros strategically secured a highly influential role in the initiative and used that role to award contracts to certain developers of his choosing based on his knowledge and control over the process. Once the scheme came to light, the participants were charged and convicted of conspiracy to engage in wire fraud. In 2018, a jury returned a verdict of guilty on all counts, and the defendants were sentenced to prison terms of varying lengths. On appeal, the U.S. Court of Appeals for the Second Circuit affirmed the wire fraud convictions, relying on a “right-to-control theory” of wire fraud that allows for conviction on “a showing that the defendant, through the withholding or inaccurate reporting of information that could impact on economic decisions, deprived some person or entity of potentially valuable economic information.” Question Can a private citizen who has informal political or other influence over governmental decisionmaking owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud? Conclusion A private citizen who has informal political or other influence over governmental decisionmaking can be convicted of honest-services fraud, but in this case, the jury instructions leading to Percoco’s conviction were insufficiently definite. Justice Samuel Alito authored the majority opinion of the Court. The jury instruction in this case required the jury to determine whether Percoco had a “special relationship” with the government and had “dominated and controlled” government business. However, these concepts are too vague to allow ordinary people to understand what conduct is prohibited. Justice Neil Gorsuch authored an opinion concurring in the judgment, in which Justice Clarence Thomas joined. Justice Gorsuch agreed with the majority but expressed concern over the vagueness of “honest-services fraud” more generally, regardless of what jury instruction might be provided.

Ciminelli v. United States Justia (with opinion) · Docket · oyez.org Argued on Nov 28, 2022.Decided on May 11, 2023. Petitioner: Louis Ciminelli.Respondent: United States. Advocates: Michael R. Dreeben (for the Petitioner) Eric J. Feigin (for the Respondent) Facts of the case (from oyez.org) In 2012, New York Governor Andrew Cuomo launched an initiative, known as the “Buffalo Billion” initiative, to develop the greater Buffalo area. Alain Kaloyeros strategically secured a highly influential role in the initiative and used that role to award contracts to certain developers of his choosing based on his knowledge and control over the process. Once the scheme came to light, the participants were charged and convicted of conspiracy to engage in wire fraud. In 2018, a jury returned a verdict of guilty on all counts, and the defendants were sentenced to prison terms of varying lengths. On appeal, the U.S. Court of Appeals for the Second Circuit affirmed the wire fraud convictions, relying on a “right-to-control theory” of wire fraud that allows for conviction on “a showing that the defendant, through the withholding or inaccurate reporting of information that could impact on economic decisions, deprived some person or entity of potentially valuable economic information.” Question Does the Second Circuit’s “right to control” theory of fraud state a valid basis for liability under the federal wire fraud statute? Conclusion The Second Circuit’s right-to-control theory cannot form the basis for a conviction under the federal fraud statutes because the right to control is not grounded in a traditional property interest. Justice Clarence Thomas authored the unanimous opinion of the Court. The federal wire fraud statute prohibits the use of interstate wires for “any scheme or orifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises.” When the statute was enacted, the common understanding of the verb “to defraud” related to property rights. Although lower courts have interpreted the statute to include interests unconnected to traditional property rights, the Supreme Court in McNally v. United States, 483 U.S. 350 (1987), held that the statutes protect only individual property rights. The right-to-control theory has no roots in a traditional property interest and thus cannot be the basis for a conviction under the federal fraud statutes.

Haaland v. Brackeen Wikipedia · Justia · Docket · oyez.org Argued on Nov 9, 2022. Petitioner: Deb Haaland, Secretary of the Interior, et al..Respondent: Chat Everet Brackeen. Advocates: Matthew D. McGill (for Chad Everet Brackeen, et al.) Judd E. Stone, II (for Texas) Edwin S. Kneedler (for the federal parties) Ian H. Gershengorn (for the tribal parties) Facts of the case (from oyez.org) The Indian Child Welfare Act (ICWA), a federal law enacted in 1978, restricts the removal of Native American children from their families and establishes a preference that Native children who are removed from their families be placed with extended family members or Native foster homes. Several individuals and states filed a lawsuit challenging the law as violating constitutional anti-commandeering principles of the Tenth Amendment. The plaintiffs include several couples who wished to adopt or foster Native children, a woman who wished for her Native biological child to be adopted by non-Natives, and the states of Texas, Louisiana, and Indiana. The district court ruled for the plaintiffs, striking down portions of the ICWA. The defendants appealed, and a panel of the U.S. Court of Appeals for the Fifth Circuit reversed. In a fractured ruling, the Fifth Circuit sitting en banc upheld portions of the district court’s decision and reversed other portions. Question Do the Indian Child Welfare Act’s restrictions on placement of Native American children violate anti-commandeering principles of the Tenth Amendment?

Mallory v. Norfolk Southern Railway Co. Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Nov 8, 2022.Decided on Jun 27, 2023. Petitioner: Robert Mallory.Respondent: Norfolk Southern Railway Co.. Advocates: Ashley C. Keller (for the Petitioner) Carter G. Phillips (for the Respondent) Curtis E. Gannon (for the United States, as amicus curiae, supporting the Respondent) Facts of the case (from oyez.org) Robert Mallory sued Norfolk Southern Railway Co. in the Philadelphia County Court of Common Pleas for claims arising under the Federal Employer’s Liability Act (FELA). According to his complaint, Mallory was exposed to harmful carcinogens while employed by Defendant in Ohio and Virginia between 1988 through 2005. He did not allege that he suffered any harmful occupational exposures in Pennsylvania but sued in Pennsylvania court on a theory that the court could exercise jurisdiction over the Virginia company because it had registered to do business in Pennsylvania. Under Pennsylvania law, a foreign corporation “may not do business in this Commonwealth until it registers” with the Department of State of the Commonwealth. State law further establishes that registration constitutes a sufficient basis for Pennsylvania courts to exercise general personal jurisdiction over that foreign corporation. Norfolk Southern Railway objected to the exercise of personal jurisdiction, arguing that the exercise violated the Due Process Clause of the Fourteenth Amendment. The trial court agreed and held Pennsylvania’s statutory scheme unconstitutional. The Pennsylvania Supreme Court affirmed. Question Does a state registration statute for out-of-state corporations that purports to confer general personal jurisdiction over the registrant violate the Due Process Clause of the Fourteenth Amendment? Conclusion A Pennsylvania law requiring out-of-state companies that register to do business in Pennsylvania to agree to appear in Pennsylvania courts on “any cause of action” against them comports with the Due Process Clause. Justice Neil Gorsuch authored the main opinion of the Court. The outcome in this case is controlled by the Court’s decision in Pennsylvania Fire Insurance Co. v. Gold Issue Mining & Milling Co., 243 U.S. 93 (1917), which held that suits based on the defendant’s consent to jurisdiction do not deny the defendant due process of law. The Pennsylvania Supreme Court concluded otherwise based on its erroneous belief that the Court had “implicitly overruled Pennsylvania Fire in International Shoe Co. v. Washington, 326 U.S. 310 (1945). However, rather than displace Pennsylvania Fire, International Shoe merely paved an additional road to jurisdiction over out-of-state corporations. Thus, the facts of this case fall squarely within Pennsylvania Fire, and there is no due process violation. Justice Ketanji Brown Jackson authored a concurring opinion noting another precedent, Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982), which she finds “particularly instructive.” Justice Samuel Alito authored an opinion concurring in part and concurring in the judgment. Justice Alito agreed with the plurality that exercising jurisdiction pursuant to the state registration statute does not violate the Due Process Clause, but he opined that the statute might be unconstitutional on other grounds not before the Court. Justice Amy Coney Barrett authored a dissenting opinion, in which Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh joined, arguing that compelled state registration does not constitute “consent.”

Health and Hospital Corporation of Marion County v. Talevski Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Nov 8, 2022.Decided on Jun 8, 2023. Petitioner: Health and Hospital Corporation of Marion County, et al..Respondent: Gorgi Talevski. Advocates: Lawrence S. Robbins (for the Petitioners) Thomas M. Fisher (for Indiana, et al., as amicus curiae supporting the Petitioners) Benjamin W. Snyder (for the United States, as amicus curiae, supporting neither party) Andrew T. Tutt (for the Respondent) Facts of the case (from oyez.org) Gorgi Talevski was living with dementia and receiving care at Valparaiso Care and Rehabilitation, a state-run nursing facility in Indiana. His wife, Ivanka Talevski, filed a lawsuit on behalf of her husband alleging that Valparaiso Care failed to provide Gorgi with adequate medical care, used psychotropic medications as unnecessary chemical restraint, and improperly discharged and transferred him, among other practices, in violation of the Federal Nursing Home Reform Act (FNHRA). The district court dismissed the action for failure to state a claim, finding that FNHRA does not provide a private right of action that may be redressed under 42 U.S.C. § 1983. On appeal, the U.S. Court of Appeals for the Seventh Circuit reversed, finding that Section 1983 has a broad purpose of providing a remedy for federal statutory and constitutional violations. Question May a plaintiff file a federal civil rights claim for violation of the Federal Nursing Home Reform Act, which was enacted under Congress’s Spending Clause power? Conclusion A plaintiff may file a federal civil rights claim for violation of the Federal Nursing Home Reform Act (FNHRA). Justice Ketanji Brown Jackson authored the 7-2 majority opinion of the Court. The Court first considered whether FNHRA can create rights enforceable through Section 1983. Section 1983 allows private parties to sue for deprivations of any any “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The phrase “and laws,” without modifiers, means that the rights at issue need not fall within a specific category (e.g., civil rights) or through a specific power of Congress. The Court then considered whether FNHRA unambiguously created a right to be enforced via § 1983 and concluded that it does. A law unambiguously creates a right enforceable via § 1983 if “the provision in question is ‘phrased in terms of the persons benefited’ and contains ‘rights-creating,’ individual-centric language with an “unmistakable focus on the benefited class.” The provisions at issue here addressing unnecessary restraint and predischarge notice pass that stringent test; they unambiguously confer rights on residents of nursing-home facilities. Finally, the Court considered whether FNHRA creates a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983. While FNHRA does have a complex enforcement scheme, that scheme is not incompatible with individual enforcement under § 1983 and does not suggest Congress intended to preclude § 1983 enforcement. Justice Neil Gorsuch wrote a concurring opinion to point out two questions the petitioners could have raised but did not and called for the resolution of those questions another time in another case. Justice Amy Coney Barrett authored a concurring opinion, in which Chief Justice John Roberts joined, cautioning that while she agreed with the disposition in this particular case, courts must “tread carefully before concluding that Spending Clause statutes may be enforced through § 1983.” Justice Clarence Thomas authored a dissenting opinion arguing that laws passed pursuant to Congress’s spending power cannot secure rights within the meaning of § 1983. Justice Samuel Alito authored a dissenting opinion, in which Justice Thomas joined, arguing that while FNHRA does create individual rights, the remedial scheme of the Act forecloses enforcement of those rights via § 1983.

Securities and Exchange Commission v. Cochran Justia (with opinion) · Docket · oyez.org Argued on Nov 7, 2022.Decided on Apr 14, 2023. Petitioner: Securities and Exchange Commission, et al..Respondent: Michelle Cochran. Advocates: Gregory G. Garre (for Michelle Cochran) Malcolm L. Stewart (for the SEC, et al.) Facts of the case (from oyez.org) In April 2016, the Securities and Exchange Commission (SEC) brought an enforcement action against Michelle Cochran, a certified public accountant, alleging that she had failed to comply with federal auditing standards. After a hearing, an SEC administrative law judge (ALJ) agreed that Cochran had violated federal law, fined her $22,500, and banned her from practicing before the SEC for five years. The SEC adopted the ALJ’s decision, and Cochran objected. Before the SEC could rule on Cochran’s objection, the U.S. Supreme Court decided Lucia v. SEC, in which it held that SEC ALJs are officers of the United States under the Appointments Clause, who must be appointed by the President, a court of law, or a department head. In response to that ruling, the SEC remanded all pending administrative cases for new proceedings before constitutionally appointed ALJs, including Cochran’s. Cochran filed a lawsuit in federal district court arguing that while Lucia may have addressed one constitutional issue with ALJs, it left uncorrected another problem: because SEC ALJs enjoy multiple layers of "for-cause" removal protection, they are unconstitutionally insulated from the President's Article II removal power. The district court dismissed Cochran’s case for lack of subject-matter jurisdiction based on a reading of the Exchange Act as implicitly stripping district courts of jurisdiction to hear challenges to ongoing SEC enforcement proceedings. A panel of the U.S. Court of Appeals for the Fifth Circuit affirmed, but the Fifth Circuit sitting en banc reversed as to that interpretation of the Exchange Act. Question Does a federal district court have jurisdiction to consider claims challenging the constitutionality of the Securities and Exchange Commission’s administrative proceedings? Conclusion Federal courts have federal-question jurisdiction to hear constitutional challenges to the structure or existence of the SEC or FTC notwithstanding statutory review schemes set out in the Securities Exchange Act and Federal Trade Commission Act. Justice Elena Kagan authored the majority opinion holding that the Federal Trade Commission Act (in 21-86) and the Securities Exchange Act (in 21-1239) did not preclude district courts’ ordinary subject-matter jurisdiction to hear challenges to those agencies’ structure, procedure, or existence. The Court considered three factors, known as the Thunder Basin factors, to determine whether particular claims concerning agency action are “of the type Congress intended to be reviewed within th[e] statutory structure,” and thus would preclude district court jurisdiction. The three factors are: (1) Could precluding district court jurisdiction “foreclose all meaningful judicial review” of the claim? (2) Is the claim “wholly collateral” to the statute’s review provisions? (3) Is the claim “outside the agency’s expertise”? The Court concluded that all three factors supported the conclusion that district courts retained subject-matter jurisdiction. First, preclusion of district court jurisdiction “could foreclose all meaningful judicial review” because Axon and Cochran will lose their rights not to undergo the complained-of agency proceedings if they cannot assert those rights until the proceedings are over. Second, the claims are “wholly collateral” to the statutes’ review provisions because challenges to the Commissions’ authority have nothing to do with either the enforcement-related matters the Commissions regularly adjudicate or those they would adjudicate in assessing the charges against Axon and Cochran. Finally, the claims are outside the agencies’ expertise because neither specializes in constitutional issues like separation of powers. Justice Clarence Thomas authored a concurring opinion to express “grave doubts about the constitutional propriety of Congress vesting administrative agencies with primary authority to adjudicate core private rights with only deferential judicial review on the back end.” Justice Neil Gorsuch authored an opinion concurring in the judgment, arguing that he would reach the same conclusion as the majority by applying only 28 U.S.C. § 1331, which establishes federal-question jurisdiction of federal courts.

Axon Enterprise, Inc. v. Federal Trade Commission Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Nov 7, 2022.Decided on Apr 14, 2023. Petitioner: Axon Enterprise, Inc..Respondent: Federal Trade Commission, et al.. Advocates: Paul D. Clement (for the Petitioner) Malcolm L. Stewart (for the Respondents) Facts of the case (from oyez.org) Axon Enterprises manufactures personal body cameras for law enforcement. In 2018, it acquired a competitor body camera company called Vievu. After the acquisition, the Federal Trade Commission informed Axon that the transaction raised antitrust concerns and that the Commission would be investigating. At the end of 2019, the FTC informed Axon of its demands, which it could either accede or face administrative proceedings. Axon filed a lawsuit in federal district court alleging that (1) the FTC’s administrative proceeding violates Axon’s Fifth Amendment due process rights, (2) the FTC’s structure violates Article II by providing improper insulation from the President, and (3) Axon’s acquisition of Vievu did not violate antitrust law. The district court dismissed Axon’s complaint, holding that the FTC’s statutory scheme required Axon to raise its constitutional challenge first in the administrative proceeding. The U.S. Court of Appeals for the Ninth Circuit affirmed, finding that Congress impliedly barred jurisdiction in federal district court. Question Do federal courts have jurisdiction to hear constitutional challenges to the Federal Trade Commission’s structure, procedure, and existence, or must such challenges be raised first in the administrative proceeding? Conclusion Federal courts have federal-question jurisdiction to hear constitutional challenges to the structure or existence of the SEC or FTC notwithstanding statutory review schemes set out in the Securities Exchange Act and Federal Trade Commission Act. Justice Elena Kagan authored the majority opinion holding that the Federal Trade Commission Act (in 21-86) and the Securities Exchange Act (in 21-1239) did not preclude district courts’ ordinary subject-matter jurisdiction to hear challenges to those agencies’ structure, procedure, or existence. The Court considered three factors, known as the Thunder Basin factors, to determine whether particular claims concerning agency action are “of the type Congress intended to be reviewed within th[e] statutory structure,” and thus would preclude district court jurisdiction. The three factors are: (1) Could precluding district court jurisdiction “foreclose all meaningful judicial review” of the claim? (2) Is the claim “wholly collateral” to the statute’s review provisions? (3) Is the claim “outside the agency’s expertise”? The Court concluded that all three factors supported the conclusion that district courts retained subject-matter jurisdiction. First, preclusion of district court jurisdiction “could foreclose all meaningful judicial review” because Axon and Cochran will lose their rights not to undergo the complained-of agency proceedings if they cannot assert those rights until the proceedings are over. Second, the claims are “wholly collateral” to the statutes’ review provisions because challenges to the Commissions’ authority have nothing to do with either the enforcement-related matters the Commissions regularly adjudicate or those they would adjudicate in assessing the charges against Axon and Cochran. Finally, the claims are outside the agencies’ expertise because neither specializes in constitutional issues like separation of powers. Justice Clarence Thomas authored a concurring opinion to express “grave doubts about the constitutional propriety of Congress vesting administrative agencies with primary authority to adjudicate core private rights with only deferential judicial review on the back end.” Justice Neil Gorsuch authored an opinion concurring in the judgment, arguing that he would reach the same conclusion as the majority by applying only 28 U.S.C. § 1331, which establishes federal-question jurisdiction of federal courts.

Bittner v. United States Justia (with opinion) · Docket · oyez.org Argued on Nov 2, 2022.Decided on Feb 28, 2023. Petitioner: Alexandru Bittner.Respondent: United States. Advocates: Daniel L. Geyser (for the Petitioner) Matthew Guarnieri (for the Respondent) Facts of the case (from oyez.org) Alexandru Bittner erroneously failed to report his interests in foreign bank accounts on annual FBAR forms, as required by the Bank Secrecy Act of 1970 (BSA). The government fined him $2.72 million—$10,000 for each unreported account each year from 2007 to 2011. Bittner challenged the fine, and the district court reduced the assessment to $50,000, holding that the $10,000 maximum penalty attaches to each failure to file an annual FBAR, not to each failure to report an account. The U.S. Court of Appeals for the Fifth Circuit reversed on this issue, holding that each failure to report a qualifying foreign account constitutes a separate reporting violation subject to penalty. Question Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported? Conclusion The Bank Secrecy Act’s $10,000 maximum penalty for the nonwillful failure to file a compliant report accrues on a per-report, not a per-account, basis. Justice Neil Gorsuch authored the 5-4 majority opinion holding that Bittner was subject to a fine only for each report he failed to file, not for each account he failed to report over that five-year period. The plain language of Section 5321 addresses the legal duty to file reports, not of individual accounts or their number. The penalty the statute prescribes for nonwillful violations must therefore be based on the number of reports, not on the number of accounts. In contrast, for willful violations, the statute expressly considers a penalty on a per-account basis. The government’s guidance as to these provisions, as well as the drafting history, further support this understanding. Justice Amy Coney Barrett authored a dissenting opinion, in which Justices Clarence Thomas, Sonia Sotomayor, and Elena Kagan joined, arguing that “the most natural reading of the statute establishes that each failure to report a qualifying foreign account constitutes a separate reporting violation.”

Cruz v. Arizona Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Nov 1, 2022.Decided on Feb 22, 2023. Petitioner: John Montenegro Cruz.Respondent: Arizona. Advocates: Neal Kumar Katyal (for the Petitioner) Joseph A. Kanefield (for the Respondent) Facts of the case (from oyez.org) In 2005, a jury convicted John Montenegro Cruz of first-degree murder for the 2003 killing of a Tucson police officer and sentenced Cruz to death. The Arizona Supreme Court affirmed Cruz’s conviction and sentence, and the U.S. Supreme Court denied his petition for a writ of certiorari. In 2012, Cruz filed a petition in state court for post-conviction relief, which the court dismissed, and the Arizona Supreme Court denied review. In 2014, Cruz initiated federal habeas proceedings. In 2016, while those proceedings were ongoing, the U.S. Supreme Court decided Lynch v. Arizona (Lynch II), holding that the Arizona Supreme Court had misapplied precedent. Cruz then filed a second petition for post-conviction relief. Ordinarily that second petition would be barred, but state law provides for an exception if there was an intervening “significant change in the the law.” Cruz argued that the decision in Lynch II was a signficant change in the law, that it applies retroactively, and would probably overturn his sentence. The Arizona Supreme Court concluded that Lynch II was not a significant change in the law and was instead based on precedent well established at the time the defendant was convicted and sentenced. Question Is the Arizona Supreme Court’s ruling that a state rule of criminal procedure precluded post-conviction relief an adequate and independent state-law ground for the judgment against him, thereby precluding review by a federal court? Conclusion The Arizona Supreme Court’s holding below is not an adequate state-law ground supporting that judgment and thus does not preclude federal court review. Justice Sonia Sotomayor authored the 5-4 majority opinion of the Court. If the judgment of a state court rests on “adequate and independent state-law grounds,” the Supreme Court will not decide a simultaneously presented question of federal law. Generally, a state’s procedural ruling is adequate to foreclose a review of a federal claim. The Arizona Supreme Court’s decision holding that Lynch v. Arizona, 578 U.S. 613, did not represent a “significant change in the law,” as it was entirely new and conflicted with existing state law. Because the interpretation was so novel and unforeseeable, it cannot constitute an adequate state procedural ground. Justice Amy Coney Barrett authored a dissenting opinion, in which Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch joined, arguing that the Court should have given the “utmost deference” to the state court’s interpretation of its own precedent and that it failed to do so.

Jones v. Hendrix Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Nov 1, 2022.Decided on Jun 22, 2023. Petitioner: Marcus DeAngelo Jones.Respondent: Dewayne Hendrix. Advocates: Daniel R. Ortiz (for the Petitioner) Eric J. Feigin (for the Respondent, supporting affirmance) Morgan L. Ratner (court-appointed amicus curiae, supporting the judgment below) Facts of the case (from oyez.org) A jury convicted Marcus DeAngelo Jones of one count of making false statements to acquire a firearm and two counts of possessing a firearm as a felon. Jones appealed, and the U.S. Court of Appeals for the Eighth Circuit affirmed. Jones then filed a motion to vacate his sentence on the grounds that it was illegally imposed. The district court denied his motion, but the Eighth Circuit reversed, concluding that Jones’s counsel was ineffective for not objecting to the two felon-in-possession counts as duplicative. The district court vacated one of his felon-in-possession convictions and resentenced him. In 2019, the U.S. Supreme Court held that, to convict someone under § 922(g), the government must prove that the defendant knew both that he had a prohibited status and that he possessed a firearm. Because Jones had been convicted of this offense without proof that he knew he had a prohibited status, he filed a habeas petition challenging his conviction. The district court dismissed his petition, and the Eighth Circuit affirmed. Question May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction? Conclusion Section 2255(e) does not allow a prisoner asserting an intervening change in interpretation of a criminal statute to circumvent the Antiterrorism and Effective Death Penalty Act of 1996’s (AEDPA) restrictions on second or successive §2255 motions by filing a §2241 habeas petition. Justice Clarence Thomas authored the 6-3 majority opinion of the Court. The majority first clarified the relationship between §2255 and §2241 in the context of federal prisoners challenging their sentences. Congress introduced §2255 to allow prisoners to challenge their sentences in the sentencing court, rather than through a habeas corpus petition under §2241. While the saving clause in §2255(e) preserved access to §2241 in specific situations, the Antiterrorism and Effective Death Penalty Act (AEDPA) added restrictions on second or successive §2255 motions. The saving clause does not permit prisoners to circumvent AEDPA's restrictions, even if they are challenging a new interpretation of a criminal statute. The majority found unpersuasive arguments by both Jones and the federal government regarding when §2255 might be considered “inadequate or ineffective,” thus allowing recourse to §2241. AEDPA’s restrictions reflect Congress’s deliberate choice to balance finality with error correction in the justice system. Justices Sonia Sotomayor and Elena Kagan jointly dissented, arguing that Jones presents the precise type of mismatch contemplated in §2255(h) and would those remand for the lower courts to consider his claim under the proper framework. Justice Ketanji Brown Jackson authored a dissenting opinion arguing that §2255 requires that Jones’s petition alleging legal innocence should have been considered on the merits.

Students for Fair Admissions v. University of North Carolina Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 31, 2022.Decided on Jun 29, 2023. Petitioner: Students for Fair Admissions, Inc..Respondent: University of North Carolina, et al.. Advocates: Patrick Strawbridge (for the Petitioner) Ryan Y. Park (for the University Respondents) David G. Hinojosa (for the Student Respondents) Elizabeth B. Prelogar (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) Petitioner Students for Fair Admissions (SFFA) sued the University of North Carolina (UNC) over its admissions process, alleging that the process violates the Fourteenth Amendment by using race as a factor in admissions. UNC admits that it uses race as one of many factors in its admissions process but argues that its process adheres to the requirements for race-based admissions outlined in the Supreme Court’s decision in Grutter v. Bollinger. After an eight-day bench trial and litigation that spanned nearly seven years, the district court ruled that UNC’s admissions policy survived strict scrutiny and was consistent with Grutter v. Bollinger. SFFA appealed, and the U.S. Court of Appeals for the Fourth Circuit agreed to hold the case in abeyance after the U.S. Supreme Court granted review. The case was originally consolidated for oral argument with a similar case challenging the admissions policies at Harvard University under Title VI of the Civil Rights Act of 1964, but the Court subsequently severed the two cases. Question May institutions of higher education use race as a factor in admissions? If so, does UNC’s race-conscious admissions process violate the Fourteenth Amendment of the Constitution? Conclusion The University of North Carolina admissions program violates the Equal Protection Clause of the Fourteenth Amendment. Chief Justice John Roberts authored the 6-3 majority opinion. First the Court concluded that Students for Fair Admissions (SFFA) had organizational standing because is a voluntary membership organization with identifable members who support its mission and whom SFFA represents in good faith. Second, while the original purpose of the Fourteenth Amendment's Equal Protection Clause was to ensure that laws apply equally to everyone, regardless of race, both the Supreme Court and the nation failed to uphold this principle, most notably in Plessy v. Ferguson, which sanctioned “separate but equal” facilities. However, the landmark case Brown v. Board of Education overturned this, and the equal protection principle has since expanded to various areas of life. Any exceptions to equal protection must satisfy “strict scrutiny”; that is, the government must show that the racial classification serves a compelling interest and is narrowly tailored to achieve that interest. In Regents of the University of California v. Bakke, Justice Lewis Powell’s opinion became the touchstone for evaluating the constitutionality of race-based admissions, reasoning that diversity in the student body could be a “compelling state interest,” but that race could only be used as a “plus” in admissions and not as a quota. In Grutter v. Bollinger, the Court adopted Powell's viewpoint, while also setting limits to ensure race-based admissions did not result in stereotyping or harm to non-minority applicants, and stating that such race-based programs should eventually come to an end. Harvard’s (and UNC’s, in the consolidated case) race-based admissions systems fail to meet the strict scrutiny, non-stereotyping, and termination criteria established by Grutter and Bakke. Specifically, the universities could not demonstrate their compelling interests in a measurable way, failed to avoid racial stereotypes, and did not offer a logical endpoint for when race-based admissions would cease. As a result, the programs violate the Equal Protection Clause of the Fourteenth Amendment. However, the Court noted that nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university. Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh each wrote a concurring opinion. Justice Sonia Sotomayor wrote a dissenting opinion, in which Justices Elena Kagan and Ketanji Brown Jackson joined (except Justice Jackson took no part in the consideration or decision of the case against Harvard). Justice Jackson wrote a separate dissenting opinion.

Students for Fair Admissions v. President and Fellows of Harvard College Wikipedia · Justia · Docket · oyez.org Argued on Oct 31, 2022. Petitioner: Students for Fair Admissions, Inc..Respondent: President & Fellows of Harvard College. Advocates: Cameron T. Norris (for the Petitioner) Seth P. Waxman (for the Respondent) Elizabeth B. Prelogar (for the United States, as amicus curiae, supporting the Respondent) Facts of the case (from oyez.org) Petitioner Students for Fair Admissions (SFFA) sued Harvard College over its admissions process, alleging that the process violates Title VI of the Civil Rights Act of 1964 by discriminating against Asian American applicants in favor of white applicants. Harvard admits that it uses race as one of many factors in its admissions process but argues that its process adheres to the requirements for race-based admissions outlined in the Supreme Court’s decision in Grutter v. Bollinger. After a 15-day bench trial, the district court issued a detailed opinion in favor of Harvard. SFFA appealed, and the U.S. Court of Appeals for the First Circuit affirmed. The case was originally consolidated for oral argument with a similar case challenging the admissions policies at the University of North Carolina under the Fourteenth Amendment of the Constitution, but the Court severed the cases. Question May institutions of higher education use race as a factor in admissions? If so, does Harvard College’s race-conscious admissions process violate Title VI of the Civil Rights Act of 1964?

Helix Energy Solutions Group, Inc. v. Hewitt Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 12, 2022.Decided on Feb 22, 2023. Petitioner: Helix Energy Solutions, et al..Respondent: Michael J. Hewitt. Advocates: Paul D. Clement (for the Petitioners) Edwin Sullivan (for the Respondent) Anthony A. Yang (for the United States, as amicus curiae, supporting the Respondent) Facts of the case (from oyez.org) Michael J. Hewitt worked on an offshore oil rig managing other employees. His employer, Helix Energy Solutions Group, Inc., paid Hewitt based solely on a daily rate, and he often was required to work well over forty hours per week. Hewitt sued Helix for overtime pay under the Fair Labor Standards Act (FLSA). Helix argued that it was not required to pay Hewitt overtime because Hewitt was a “highly compensated employee,” and highly compensated employees are exempt from overtime pay. Hewitt argued that because his pay was calculated on a daily rate, he was not paid on a salary basis and thus was entitled to overtime pay regardless of the dollar amount he was paid. The district court ruled for Helix, and the U.S. Court of Appeals for the Fifth Circuit reversed. Question Is a supervisor who makes over $200,000 annually, calculated on a daily basis, entitled to overtime pay, despite a regulation that carves out an exception for highly paid executives? Conclusion Daily-rate workers, of whatever income level, qualify as paid on a salary basis only if they satisfy the three conditions outlined in the Fair Labor Standards Act. Justice Elena Kagan authored the 6-3 majority opinion of the Court holding that Hewitt was not an executive exempt from the FLSA’s overtime pay guarantee. Under the FLSA, an employee is considered a bona fide executive excluded from the FLSA’s protections if the employee meets three tests: (1) the salary basis test, which requires that the employee receive a predetermined and fixed salary that does not vary with the amount of time worked; (2) the “salary level” test, which requires the preset salary to exceed a specified amount; and (3) the job “duties” test, which considers whether the employee has responsibility for managing the enterprise, directing other employees, and hiring and firing other employees. It was undisputed that Hewitt satisfied (2) and (3); at issue was whether he was paid on a salary basis. Under Section 602(a), an employee is paid on a salary basis if they regularly receive each pay period on a weekly or less frequent basis. Under the plain meaning of that provision, it does not apply to daily-rate workers. Hewitt’s pay, in contrast, was determined on a daily basis, despite receiving paychecks every two weeks. Because he did not satisfy the first part of the test, he was not an exempt executive within the FLSA and was thus entitled to overtime pay. Justice Neil Gorsuch authored a dissenting opinion, arguing that the case should have been dismissed as improvidently granted because the issue originally presented was different from the issue argued and addressed. Justice Brett Kavanaugh authored a dissenting opinion, in which Justice Samuel Alito joined, arguing that Hewitt was a bona fide executive based on his salary level and duties, and the fact that he was certain to make at least $963 per week for any week he worked.

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 12, 2022.Decided on May 18, 2023. Petitioner: Andy Warhol Foundation for the Visual Arts, Inc..Respondent: Lynn Goldsmith, et al.. Advocates: Roman Martinez (for the Petitioner) Lisa S. Blatt (for the Respondents) Yaira Dubin (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) Artist Andy Warhol created a series of silkscreen prints and pencil illustrations (“Prince Series”) based on a copyrighted 1981 photograph of the musician Prince, taken by Lynn Goldsmith. Warhol made some aesthetic changes to Goldsmith’s original photograph, but they remained “recognizably derived” from the original. Goldsmith sued the Andy Warhol Foundation, successor to Warhol’s copyright in the Prince Series, for copyright infringement. The Foundation raised fair use as a defense. The district court granted summary judgment for the Foundation, concluding that Warhol had “transformed” the original photograph by giving it a new “meaning and message.” The U.S. Court of Appeals for the Second Circuit, holding that because the Prince Series remained “recognizably derived” from the original, it failed to transform and was thus not fair use. Question What is the proper test for whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine? Conclusion The “purpose and character” of the Andy Warhol Foundation (AWF)’s particular commercial use of Lynn Goldsmith’s photograph of the musician Prince does not favor AWF’s fair use defense to copyright infringement. Justice Sonia Sotomayor authored the 7-2 majority opinion of the Court. The fair use defense to copyright infringement promotes creativity by recognizing that some secondary works make unauthorized use of original works but serve a different purpose, add new expression, or convey new ideas. Andy Warhol’s “Orange Prince,” one of the Prince Series that was derived from the photograph by Lynn Goldsmith, appeared on the cover of a Vanity Fair magazine commemorating the late musician for a fee of $10,000—all of which to AWF and of which Goldsmith received none. In contrast, Goldsmith’s photographs were licensed and used on several other magazine covers commemorating Prince. AWF’s use of Orange Prince on the cover of Vanity Fair served essentially the same commercial purpose as Goldsmith’s original. Thus, the first fair-use factor—the purpose and character of use, including whether the use is for commercial or nonprofit purpose—weighs against the conclusion that AWF’s use of Goldsmith’s photograph for the specific purpose of a magazine cover commemorating Prince was fair. Justice Neil Gorsuch authored a concurring opinion, in which Justice Ketanji Brown Jackson joined, emphasizing the narrowness of the majority’s opinion and its appropriate focus on the specific use challenged. Justice Elena Kagan authored a dissenting opinion, in which Chief Justice John Roberts joined, criticizing the majority of stifling creativity and disregarding the reality that creativity relies upon the borrowing of works that came before.

National Pork Producers Council v. Ross Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 11, 2022.Decided on May 11, 2023. Petitioner: National Pork Producers Council, et al..Respondent: Karen Ross, in Her Official Capacity as Secretary of the California Department of Food & Agriculture, et al.. Advocates: Timothy S. Bishop (for the Petitioners) Edwin S. Kneedler (for the United States, as amicus curiae, supporting the Petitioners) Michael J. Mongan (for the State Respondents) Jeffrey A. Lamken (for the Humane Society of the United States, et al., Respondents) Facts of the case (from oyez.org) In 2018, California voters passed Proposition 12, which amends the California Health and Safety Code to prohibit the sale of pork from animals confined in a manner inconsistent with California standards. Trade associations representing the pork industry and farmers challenged the law as violating the dormant Commerce Clause, which prohibits states from discriminating against interstate commerce or imposing undue burdens on interstate commerce. According to the challengers, Proposition 12 places an undue burden on interstate commerce and that it causes an impermissible “extraterritorial effect” because it effectively forces all or most hog farmers, regardless of their location, to comply with the California requirements yet mostly affects non-California transactions (because 87% of the pork produced in the country is consumed outside of California). The district court dismissed the complaint for failure to state a claim, and the U.S. Court of Appeals for the Ninth Circuit affirmed, finding the complaint did not plausibly plead that Proposition 12 violates the dormant Commerce Clause under either theory. Question Does a California law that prohibits the in-state sale of pork from animals confined in a manner inconsistent with California standards violate the “dormant” component of the Constitution’s Commerce Clause? Conclusion California’s Proposition 12 does not violate the dormant Commerce Clause. Justice Neil Gorsuch authored an opinion in which a majority of the Court voted to affirm the judgment of the U.S. Court of Appeals for the Ninth Circuit. State laws violate the dormant aspect of the Commerce Clause when they seek to “build up…domestic commerce” through “burdens upon the industry and business of other States.” An antidiscrimination principle is at the core of the dormant Commerce Clause; an “almost per se” rule against state laws that have extraterritorial effects is unsupported. A state law that does have extraterritorial effects but does not purposefully discriminate does not necessarily violate the dormant Commerce Clause. Under the balancing test established in Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), a court must assess “the burden imposed on interstate commerce” by the state law and prevent its enforcement if the law’s burdens are “clearly excessive in relation to the putative local benefits.” A majority of the Court concluded that under this test, Proposition 12 does not violate the dormant Commerce Clause. Justice Sonia Sotomayor, joined by Justice Elena Kagan, concluded that the petitioners failed to plausibly allege a substantial burden on interstate commerce and thus voted with the majority. Justices Clarence Thomas and Amy Coney Barrett, concluded that the petitioners did allege a substantial burden on interstate commerce, but the benefits and burdens of Proposition 12 are incommensurable. Chief Justice John Roberts filed an opinion, joined by Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson, concurring in part and dissenting in part. Chief Justice Roberts argued that the petitioners did allege a substantial burden on interstate commerce and that the judgment should be vacated and the case remanded to the court below to decide whether the petitioners had stated a claim under Pike. Justice Kavanaugh authored an opinion concurring in part and dissenting in part, largely agreeing with the Chief Justice but pointing out also that state economic regulations like California’s Proposition 12 may raise questions not only under the Commerce Clause, but also under the Import-Export Clause, the Privileges and Immunities Clause, and the Full Faith and Credit Clause.

Reed v. Goertz Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 11, 2022.Decided on Apr 18, 2023. Petitioner: Rodney Reed.Respondent: Bryan Goertz, et al.. Advocates: Parker Rider-Longmaid (for the Petitioner) Judd E. Stone, II (for the Respondent) Facts of the case (from oyez.org) Rodney Reed was sentenced to death in Texas for the 1996 rape and murder of Stacey Stites. He unsuccessfully sought federal post-conviction relief, and when the state asked to set an execution date, Reed requested to have DNA testing conducted on several items on or near the victim’s body. A state trial court declined his request. Reed then filed a federal civil rights lawsuit under 42 U.S.C. § 1983 challenging the constitutionality of the Texas law governing post-conviction DNA testing. The district court dismissed his claim, and the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal on the grounds that Reed’s claims are barred by the state’s two-year statute of limitations for personal injury claims, which begins to run as soon as the plaintiff becomes aware that he has suffered an injury.” Question When does the statute of limitations for a 42 U.S.C. § 1983 claim seeking DNA testing of crime-scene evidence begin to run? Conclusion When a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations a procedural due process claim under 42 U.S.C. § 1983 begins to run when the state litigation ends. Justice Brett Kavanaugh authored the 6-3 majority opinion holding that, in Reed’s case, the statute of limitations on his § 1983 claim began when the Texas Court of Criminal Appeals denied his motion for rehearing, not when the state trial court denied DNA testing. A statute of limitations begins to run when a plaintiff has “a complete and present cause of action.” When that occurs depends on the cause of action. The violation of procedural due process rights, as Reed alleged in this case, requires two elements: (1) deprivation by state action of a protected interest in life, liberty, or property, and (2) inadequate state process. Thus, a plaintiff has “a complete and present cause of action” for a procedural due process violation not at the time of deprivation, but at the time the state fails to provide due process. In Reed’s case, the State’s alleged failure to provide him with a fundamentally fair process was complete when the state litigation ended and deprived Reed of his asserted liberty interest in DNA testing. Justice Clarence Thomas dissented, arguing that the district court lacked jurisdiction to hear the case for lack of standing. Justice Thomas would dismiss the case on the finding that Reed’s action presents no original Article III case or controversy between him and the district attorney. Justice Samuel Alito authored a dissenting opinion, in which Justice Neil Gorsuch joined, arguing that there are a number of points in the case at which the statute of limitations could begin to run—all before the denial by the Criminal Court of Appeals, and all leading to the conclusion that Reed’s claim is time-barred.

Arellano v. McDonough Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 4, 2022.Decided on Jan 23, 2023. Petitioner: Adolfo R. Arellano.Respondent: Dennis McDonough, Secretary of Veterans Affairs. Advocates: James R. Barney (for the Petitioner) Sopan Joshi (for the Respondent) Facts of the case (from oyez.org) Adolfo R. Arellano served honorably in the Navy from November 1977 to October 1981. On June 3, 2011—more than 30 years after he was discharged—he applied for disability benefits on the basis of psychiatric disorders that rendered him 100% disabled. He sought retroactive benefits from the day after his discharge, arguing that the one-year filing deadline to submit disability claims should be extended in his case because his mental illness had prevented him from filing his claim earlier. The VA Regional Office granted his claim, but only from the date the claim was received. The Board of Appeals rejected his argument, and the Veterans Court affirmed that decision, concluding that Mr. Arellano's claim was “squarely foreclosed by binding precedent” in Andrews v. Principi, 351 F.3d 1134 (Fed. Cir. 2003), which held that principles of equitable tolling are not applicable to the time period in 38 U.S.C. § 5110(b)(1). Question Can the one-year filing deadline for veterans to submit disability claims after they are discharged be extended under principles of equitable tolling? Conclusion The one-year filing deadline for veterans to submit disability claims after they are discharged cannot be extended under principles of equitable tolling. Justice Amy Coney Barret authored the unanimous opinion of the Court holding that the effective date of Arellano’s award of disability compensation was the day the VA received his claim. Equitable tolling can extend a deadline when a litigant diligently pursues their rights but is nonetheless prevented from bringing a timely action due to extraordinary circumstances. Courts presume that equitable tolling applies, but that presumption is rebuttable by evidence that it is inconsistent with the statutory scheme. The default rule of 38 U.S.C. § 5110(a)(1) establishes that the day VA receives a claim is the effective date, subject to the limited exception in § 5110(b)(1), which states that “the effective date of an award . . . shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.” Moreover, the structure of § 5110, which sets out 16 exceptions that explain when each type of benefits qualifies for an effective date earlier than the default, suggests Congress intended only certain enumerated exceptions to the default date. This statutory language and structure indicate Congress’s intent that principles of equitable tolling not apply.

Allen v. Milligan Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 4, 2022.Decided on Jun 8, 2023. Appellant: Wes Allen, Alabama Secretary of State, et al..Appellee: Evan Milligan, et al.. Advocates: Edmund G. Lacour, Jr. (for the Appellants/Petitioners) Deuel Ross (for the Appellees) Abha Khanna (for the Respondents) Elizabeth B. Prelogar (for the United States, as amicus curiae, supporting the Appellees/Respondents) Facts of the case (from oyez.org) After the 2020 census, Alabama created a redistricting plan for its seven seats in the U.S. House of Representatives. One of the districts in the plan is a majority-Black district. Registered voters and several organizations challenged the map, arguing that the state had illegally packed Black voters into a single district while dividing other clusters of Black voters across multiple districts. The challengers alleged that the map effectively minimizes the number of districts in which Black voters can elect their chosen candidates, in violation of Section 2 of the Voting Rights Act, which bans racial discrimination in voting policies. A three-judge district court agreed with the challengers that the map likely violated Section 2 of the VRA, granting a preliminary injunction that ordered the state to draw a new map. Alabama asked the U.S. Supreme Court to freeze the district court’s injunction, which the Court did by a 5-4 decision pending a merits decision. Question Does Alabama’s 2021 redistricting plan for its seven U.S. House seats violate Section 2 of the Voting Rights Act? Conclusion The district court correctly applied binding Supreme Court precedent to conclude that Alabama’s redistricting map likely violates Section 2 of the Voting Rights Act. Chief Justice John Roberts authored the majority opinion of the Court. The Court’s decision in Thornburg v. Gingles, 478 U.S. 30 (1986) sets out a three-part framework for evaluating claims brought under Section 2 of the Voting Rights Act. First, the plaintiffs must prove that the minority group is sufficiently large and geographically compact to constitute a majority in a reasonably configured district (measured by criteria such as contiguity and compactness). Second, the plaintiffs must show that the minority group is politically cohesive. Third, the plaintiffs must show that under the totality of the circumstances, the political process is not “equally open” to minority voters. The majority applied that three-part framework to the facts in the record and agreed with the district court that the plaintiffs were likely to succeed on their challenge. The plaintiffs submitted maps demonstrating the traditional districting criteria, and the district court found “no serious dispute” that Black voters are politically cohesive or that the challenged districts’ white majority consistently defeated Black voters’ preferred candidates. Justice Brett Kavanaugh joined the majority opinion except for a discussion of the difference between race-consciousness and race-predominance. He concurred separately to emphasize and clarify four additional points. Justice Clarence Thomas authored a dissenting opinion, in which Justice Neil Gorsuch joined in full, and Justices Amy Coney Barrett and Samuel Alito joined in part. Justice Thomas argued that Section 2 of the VRA does not require Alabama to redraw its congressional districts so that Black voters can control a number of seats proportional to Black voters in its population. Justice Alito authored a dissenting opinion in which Justice Gorsuch joined arguing that the majority’s understanding of Gingles—specifically its understanding of the phrase “reasonably configured” within the context of the first precondition—is flawed, and that a correct understanding would lead to a different result in this case.

Delaware v. Pennsylvania and Wisconsin Justia (with opinion) · Docket · oyez.org Argued on Oct 3, 2022.Decided on Feb 28, 2023. Petitioner: State of Delaware.Respondent: Commonwealth of Pennsylvania and State of Wisconsin. Advocates: Neal Kumar Katyal (for Delaware) Nicholas J. Bronni (for Arkansas et al.) Facts of the case (from oyez.org) MoneyGram Payments Systems, which is headquartered in Delaware, returns unclaimed checks to that state. Pennsylvania and Wisconsin argue that the checks are “money orders” or “similar written instruments,” which federal law requires to go to the states where they were purchased. Invoking the U.S. Supreme Court’s jurisdiction over interstate disputes, Delaware filed the case directly in the Supreme Court. The Court appointed a special master, who concluded that MoneyGram’s checks are “money orders” or “similar written instruments” and thus should go to the states where they were purchased. Delaware asked the Court to review the Special Master’s findings for error. Question Are unclaimed MoneyGram checks “money orders” or “similar written instruments” and thus subject to a federal law that remits them to the states where they were purchased? Conclusion Unclaimed MoneyGram checks are “money orders” or “similar written instruments” and thus subject to the Federal Disposition Act, which remits them to the states where they were purchased. Justice Ketanji Brown Jackson authored the opinion of the Court, which was unanimous as to its conclusion (but only 5-4 as to the discussion of legislative history supporting that conclusion). The unclaimed checks at issue in this case are sufficiently similar to “money orders” to fall within the Federal Disposition Act (FDA) for two main reasons. First, they are similar in function in operation because they are prepaid financial instruments used to transmit a specified amount of money to a named payee. Second, because of the recordkeeping practices of the entity issuing and holding on to the prepaid funds, it would be inequitable for unclaimed checks to go to the state where the creditor is incorporated, as common law would require. For these reasons, the FDA, not the common law, applies to unclaimed MoneyGram checks.

Sackett v. Environmental Protection Agency Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Oct 3, 2022.Decided on May 25, 2023. Petitioner: Michael Sackett and Chantelle Sackett.Respondent: Environmental Protection Agency. Advocates: Damien M. Schiff (for the Petitioners) Brian H. Fletcher (for the Respondents) Facts of the case (from oyez.org) Michael and Chantall Sackett own a residential lot near Priest Lake, Idaho, and want to build a home there. However, shortly after they began placing sand and gravel, the federal Environmental Protection Agency told them that they could not build on their lot because construction on the land violated the Clean Water Act. According to the EPA, the Sacketts’ lot contained wetlands that qualify as “navigable waters” regulated by the Act, so they needed to remove the sand and gravel and restore the property to its natural state. Litigation ensued, and in 2012, the Supreme Court permitted the Sacketts to litigate their challenge to the EPA’s order in federal court. During the litigation, the EPA removed its compliance order. The U.S. Court of Appeals for the Ninth Circuit held that the EPA’s withdrawal of the compliance order did not render the Sacketts’ challenge moot and that the EPA does have jurisdiction over their property under the Clean Water Act. The court reasoned that, under binding circuit precedent, “jurisdiction over wetlands depends upon the existence of a significant nexus between the wetlands in question and navigable waters in the traditional sense.” Question What is the proper test for determining whether wetlands are “waters of the United States” under the Clean Water Act? Conclusion The Clean Water Act extends only to wetlands that have a continuous surface connection with “waters” of the United States—i.e., with a relatively permanent body of water connected to traditional interstate navigable waters. Justice Samuel Alito authored the majority opinion of the Court that was unanimous in the judgment reversing and remanding. In 1973, the Environmental Protection Agency (EPA) and the Army Corps of Engineers, which jointly enforce the Clean Water Act, initially defined “the waters of the United States” differently. By 1980, they had adopted identical definitions, which encompassed “all waters that could affect interstate or foreign commerce.” Since then, they have repeatedly sought to define and redefine “waters of the United States” through rulemaking procedures. Despite this history, the Court found that the meaning of “waters” in the CWA encompasses “only those relatively permanent, standing, or continuously flowing bodies of water.” The mere presence of water is too broad; such a definition would include puddles and isolated ponds. Thus, wetlands are not per se “waters of the United States”; rather, only those with a continuous surface connection to traditional navigable waters fall within that category. Justice Clarence Thomas joined Justice Alito’s majority opinion in full but concurred separately, along with Justice Neil Gorsuch, emphasizing the importance of curbing the expansion of federal authority through agency action. Justice Brett Kavanaugh authored an opinion concurring in the judgment, in which Justices Sotomayor, Kagan, and Jackson joined. Justice Kavanaugh disagreed with the Court’s “continuous surface connection” test because, in his view, it “departs from the statutory text, from 45 years of consistent agency practice,” and from the Court’s own precedents. Justice Elena Kagan authored an opinion concurring in the judgment, in which Justices Sonia Sotomayor and Ketanji Brown Jackson joined. Justice Kagan lamented that, in her opinion, the majority “substitutes its own ideas about policymaking for Congress’s.”

Oklahoma v. Castro-Huerta Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 27, 2022.Decided on Jun 29, 2022. Petitioner: State of Oklahoma.Respondent: Victor Manuel Castro-Huerta. Advocates: Kannon K. Shanmugam (for the Petitioner) Zachary C. Schauf (for the Respondent) Edwin S. Kneedler (for the United States, as amicus curiae, supporting the Respondent) Facts of the case (from oyez.org) Victor Manuel Castro-Huerta, a non-Native, was convicted in Oklahoma state court of child neglect, and he was sentenced to 35 years. The victim, his stepdaughter, is Native American, and the crime was committed within the Cherokee Reservation. Castro-Huerta challenged his conviction, arguing that under the Supreme Court’s 2020 decision in McGirt v. Oklahoma, which held that states cannot prosecute crimes committed on Native American lands without federal approval. Oklahoma argued that McGirt involved a Native defendant, whereas Castro-Huerta is non-Native, so McGirt does not bar his prosecution by the state. Question Do states have the authority to prosecute non-Natives who commit crimes against Natives on Native American lands? Conclusion The federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Natives against Natives on Native American land. Justice Brett Kavanaugh authored the majority opinion of the Court. The Court has held that States have jurisdiction to prosecute crimes committed by non-Natives against non-Natives on Native American lands. Native American land is not separate from state territory. And States have jurisdiction to prosecute crimes committed on Native American land unless preempted. Preemption may occur either under ordinary principles of federal preemption, or when the exercise of state jurisdiction would unlawfully infringe on tribal self-government. Neither is present in this case, so states have jurisdiction to prosecute crimes committed by non-Natives against Natives on Native American land. Justice Neil Gorsuch authored a dissenting opinion, joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Justice Gorsuch argued that the Court’s decision ​​reneges on the federal government’s centuries-old promise that tribes would remain forever free from interference by state authorities.

Biden v. Texas Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 26, 2022.Decided on Jun 30, 2022. Petitioner: Joseph R. Biden, Jr., President of the United States, et al..Respondent: State of Texas, et al.. Advocates: Elizabeth B. Prelogar (for the Petitioners) Judd E. Stone, II (for the Respondents) Facts of the case (from oyez.org) In 2018, the Trump administration announced the Migrant Protection Protocols (MPPs), under which policy certain noncitizens arriving at the southwest border of the United States were returned to Mexico during their immigration proceedings. Known as the “remain in Mexico” policy, the MPPs faced legal challenges shortly after their enactment, but the Supreme Court allowed the Trump administration to enforce it. In June 2021, the Biden administration sought to end the policy, but Texas and Missouri challenged that effort, arguing that rescinding the policy violated federal immigration law and that the policy change violated the Administrative Procedure Act. A federal district court agreed with the challengers and ordered the Biden administration to implement the MPPs in good faith or initiate new agency action in compliance with the APA. The U.S. Court of Appeals for the Fifth Circuit declined to block the lower court’s ruling, as did the Supreme Court. In October 2021, the Department of Homeland Security issued a new decision ending the policy supported by a memorandum explaining the decision. A district court again ordered DHS to continue the CPPs, and the Fifth Circuit upheld the order. The Biden administration sought expedited review as to whether federal immigration law requires it to maintain the policy and whether the October decision to end the policy has any legal effect. Question Must the Biden administration continue to enforce the Trump administration’s Migrant Protection Protocols, or does the Biden Department of Homeland Security decision ending the policy have legal effect? Conclusion The Government’s rescission of Migrant Protection Protocols did not violate section 1225 of the Immigration and Nationality Act, and the then-Secretary of Homeland Security’s October 29 Memoranda constituted valid final agency action. Chief Justice John Roberts authored the majority opinion. Although the district court lacked jurisdiction to issue its injunction, the Supreme Court has jurisdiction to review the case. By using the word “may,” Section 1225(b)(2)(C) confers a discretionary authority to return nonresidents to Mexico. Historical context confirms this understanding. ​​Section 1225(b)(2)(C) was added to the statute more than 90 years after the mandatory language that appears in a nearby provision. And since its enactment, every presidential administration has interpreted section 1225(b)(2)(C) as purely discretionary. Interpreting the provision as mandatory would impose a significant burden upon the Executive’s ability to conduct diplomatic relations with Mexico, which Congress likely did not intend. Once the district court vacated the original attempt to rescind the policy, DHS properly “issue[d] a new rescission bolstered by new reasons” absent from the original rescission. Justice Brett Kavanaugh authored a concurring opinion. Justice Samuel Alito authored a dissenting opinion, in which Justices Clarence Thomas and Neil Gorsuch joined. Justice Amy Coney Barrett authored a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined.

Shoop v. Twyford Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 26, 2022.Decided on Jun 21, 2022. Petitioner: Tim Shoop, Warden.Respondent: Raymond Twyford. Advocates: Benjamin M. Flowers (for the Petitioner) Nicole F. Reaves (for the United States, as amicus curiae, supporting neither party) David A. O'Neil (for the Respondent) Facts of the case (from oyez.org) In 1993, an Ohio jury convicted Raymond Twyford of aggravated murder and sentenced him to death. Twyford unsuccessfully pursued direct appeals and also filed a federal habeas petition. In November 2018, Twyford asked the federal district court to allow him to undergo neurological imaging to substantiate allegations of neurological problems due to childhood abuse, neglect, and injuries. The district court granted Twyford’s motion and ordered the prison warden to transport Twyford for his neurological imaging because the results might assist the court in exercising its habeas review. The warden appealed the order, and the U.S. Court of Appeals for the Sixth Circuit affirmed. Question May a federal district court order the transportation of a state prisoner to help him develop evidence for his habeas petition, even before determining the admissibility of the evidence? Conclusion A transportation order that allows a prisoner to search for new evidence is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a particular claim for relief. Chief Justice John Roberts authored the majority opinion of the Court. A federal court may never needlessly prolong a habeas case. For that reason, before a federal court may admit new evidence, either the claim must rely on a new and previously unavailable rule of constitutional law made retroactively available by the Supreme Court, or it must rely on a factual predicate that could not have been discovered through the exercise of due diligence. In this case, the court granted Twyford’s request for transportation under the All Writs Act. But the All Writs Act cannot be used to circumvent binding procedural rules. The Antiterrorism and Effective Death Penalty Act (AEDPA) is the source of binding rules and limits review to the record that was before the state court. The district court’s failure to determine how Twyford’s request for transportation would aid the adjudication of his habeas petition before granting the request was thus erroneous. Justice Stephen Breyer authored a dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined, arguing that the court of appeals lacked jurisdiction to hear the state’s interlocutory appeal. Justice Neil Gorsuch authored a dissenting opinion stating that he would dismiss the case as improvidently granted.

Nance v. Ward Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 25, 2022.Decided on Jun 23, 2022. Petitioner: Michael Nance.Respondent: Commissioner, Georgia Department of Corrections and Warden, Georgia Diagnostic and Classification Prison. Advocates: Matthew S. Hellman (for the Petitioner) Masha G. Hansford (for the United States, as amicus curiae, supporting the Petitioner) Stephen J. Petrany (for the Respondents) Facts of the case (from oyez.org) In 1993, Michael Wade Nance robbed a bank, and, in the process of fleeing, killed a person. In 1997, a jury convicted Nance of murder, and he was sentenced to death. The Georgia Supreme Court affirmed his death sentence and rejected a petition for collateral relief. Nance then filed a federal habeas petition; the district court denied the petition, and the U.S. Court of Appeals for the Eleventh Circuit affirmed. Then, in 2020, Nance filed an action under 42 U.S.C. § 1983 alleging that the State’s lethal-injection protocol was unconstitutional as applied to him because of two medical issues. The district court granted the State’s motion to dismiss Nance’s complaint, concluding that it was untimely and failed to state a claim. On appeal, the U.S. Court of Appeals concluded that because the relief Nance sought implied the invalidity of his death sentence, his complaint must be construed as a habeas petition, and because he had already filed an earlier habeas petition, it was properly considered a “successive” petition, over which a district court lacks subject-matter jurisdiction. Question What is the proper legal procedure for a death-row inmate’s challenge to the method by which the state intends to execute? Conclusion Title 42 U.S.C. § 1983 is the procedural vehicle appropriate for a prisoner’s method-of-execution claim even if an order granting the relief requested would necessitate a change in state law. Justice Elena Kagan authored the majority opinion of the Court. Both Section 1983 and the federal habeas statute allow a prisoner to complain of “unconstitutional treatment at the hands of state officials.” However, Section 1983 has an implicit exception for actions that lie “within the core of habeas corpus”—that is, relief that would “necessarily imply the invalidity of his conviction or sentence.” In two prior cases, the Court allowed a prisoner to bring a method-of-execution claim under Section 1983, but those cases did not require a change in state law, only in an agency’s uncodified protocol. In contrast, here, Nance’s requested relief would require Georgia to change its statute to carry out Nance’s execution by firing squad. However, this requirement is not a substantial impediment, nor would it necessarily imply the invalidity of his death sentence. Thus, Section 1983 remains the proper vehicle for his method-of-execution claim. Justice Amy Coney Barrett authored a dissenting opinion, in which Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch joined, arguing that the Court erroneously considered the law as it could exist, rather than as it is. Justice Barrett argued that because the relief Nance requests precludes his execution under current state law, habeas is the proper vehicle for seeking that relief.

Kennedy v. Bremerton School District Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 25, 2022.Decided on Jun 27, 2022. Petitioner: Joseph A. Kennedy.Respondent: Bremerton School District. Advocates: Paul D. Clement (for the Petitioner) Richard B. Katskee (for the Respondent) Facts of the case (from oyez.org) Joseph Kennedy, a high school football coach, engaged in prayer with a number of students during and after school games. His employer, the Bremerton School District, asked that he discontinue the practice in order to protect the school from a lawsuit based on violation of the Establishment Clause. Kennedy refused and instead rallied local and national television, print media, and social media to support him. Kennedy sued the school district for violating his rights under the First Amendment and Title VII of the Civil Rights Act of 1964. The district court held that because the school district suspended him solely because of the risk of constitutional liability associated with his religious conduct, its actions were justified. Kennedy appealed, and the U.S. Court of Appeals for the Ninth Circuit affirmed. Question Is a public school employee’s prayer during school sports activities protected speech, and if so, can the public school employer prohibit it to avoid violating the Establishment Clause? Conclusion The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression. Justice Neil Gorsuch authored the majority opinion of the Court. The District disciplined Coach Kennedy after three games in October 2015, in which he “pray[ed] quietly without his students.” In forbidding Mr. Kennedy’s prayers, the District sought to restrict his actions because of their religious character, thereby burdening his right to free exercise. As to his free speech claim, the timing and circumstances of Kennedy’s prayers—during the postgame period when coaches were free to attend briefly to personal matters and students were engaged in other activities—confirm that Kennedy did not offer his prayers while acting within the scope of his duties as a coach. The District cannot show that its prohibition of Kennedy’s prayer serves a compelling purpose and is narrowly tailored to achieving that purpose. The Court’s Lemon test, and the related endorsement test, are “abandoned,” replaced by a consideration of “historical practices and understandings.” Applying that test, there is no conflict between the constitutional commands of the First Amendment in this case. Justices Clarence Thomas and Samuel Alito filed concurring opinions. Justice Sonia Sotomayor filed a dissenting opinion, in which Justices Stephen Breyer and Elena Kagan joined.

Vega v. Tekoh Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 20, 2022.Decided on Jun 23, 2022. Petitioner: Carlos Vega.Respondent: Terence B. Tekoh. Advocates: Roman Martinez (for the Petitioner) Vivek Suri (for the United States, as amicus curiae, supporting the Petitioner) Paul L. Hoffman (for the Respondent) Facts of the case (from oyez.org) Terence Tekoh worked as a patient transporter in a hospital in Los Angeles. After a patient accused him of sexual assault, hospital staff reported the allegation to the Los Angeles Sheriff’s Department. Deputy Carlos Vega went to the hospital to ask Tekoh some questions and to take Tekoh’s statement. Although the parties described vastly different accounts of the nature of the interaction between Tekoh and Vega, it is undisputed that Vega did not advise Tekoh of his Miranda rights prior to questioning him or taking his statement. Tekoh was arrested and charged in California state court, but a jury returned a verdict of not guilty. Following the acquittal on the criminal charge, Tekoh sued Vega under 42 U.S.C. § 1983 alleging that Vega violated Tekoh’s Fifth Amendment right against self-incrimination by taking his statement without first advising him of his Miranda rights. Based on the district court’s instructions, a jury found for Vega. The U.S. Court of Appeals for the Ninth Circuit vacated the verdict, reversed the district court’s judgment, and remanded the case for a new trial. Question Is the use of an un-Mirandized statement against a defendant in a criminal case sufficient to support a 42 U.S.C. § 1983 action? Conclusion A violation of the Miranda rules does not provide a basis for a § 1983 claim. Justice Samuel Alito authored the majority opinion of the Court. Miranda imposed a set of prophylactic rules requiring that police officers issue warnings before a custodial interrogation and disallowing the use of statements obtained in violation of those rules. A Miranda violation is not necessarily a Fifth Amendment violation. Expansion of Miranda rules to provide a right to sue for damages under 42 U.S.C. § 1983 would provide very little benefit and would impose substantial costs on the judicial system. Justice Elena Kagan authored a dissenting opinion, in which Justices Stephen Breyer and Sonia Sotomayor joined, arguing that the Court’s precedents recognize Miranda as conferring a constitutional right, and as such, violation of that constitutional right should be sufficient to support a claim under 42 U.S.C § 1983.

George v. McDonough Justia (with opinion) · Docket · oyez.org Argued on Apr 19, 2022.Decided on Jun 15, 2022. Petitioner: Kevin R. George.Respondent: Denis R. McDonough. Advocates: Melanie L. Bostwick (for the Petitioner) Anthony A. Yang (for the Respondent) Facts of the case (from oyez.org) Kevin R. George and Michael B. Martin are both military veterans who sought and were denied disability benefits several decades ago based on the straightforward application of a regulation. Since then, the regulation was overturned, so George and Martin sought revision of those denial decisions based on the “clear and unmistakable error” (CUE) by the VA. The Board of Veterans’ Appeals denied the motions, holding that it was not clear and unmistakable error to faithfully apply a regulation that existed at the time. The U.S. Court of Appeals for the Federal Circuit affirmed. Question When the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of “clear and unmistakable error” that the veteran may invoke to challenge the VA’s decision? Conclusion The invalidation of a Department of Veterans Affairs regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief permitting revision of that decision based on “clear and unmistakable error.” Justice Amy Coney Barrett authored the majority opinion of the Court. The “clean and unmistakable error” doctrine evolved over several decades. Its history reveals that this category of error does not encompass a subsequent change in law or in interpretation of law. Because the invalidation of a prior regulation constitutes a “change in interpretation of law,” this type of error does not encompass a claim like George’s. Justice Sonia Sotomayor authored a dissenting opinion, arguing that the history of “clear and unmistakable error” is not so clear as the majority suggests. Justice Neil Gorsuch authored a dissenting opinion, in which Justices Stephen Breyer and Sonia Sotomayor joined. Justice Gorsuch argued that the Court erroneously excuses an agency’s departure from its statutory commands.

Kemp v. United States Justia (with opinion) · Docket · oyez.org Argued on Apr 19, 2022.Decided on Jun 13, 2022. Petitioner: Dexter Earl Kemp.Respondent: United States of America. Advocates: Andrew L. Adler (for the Petitioner) Benjamin W. Snyder (for the Respondent) Facts of the case (from oyez.org) Dexter Kemp and several co-defendants were charged and convicted of drug and firearms offenses. Kemp and some of the co-defendants appealed, but their sentences were affirmed. Some of the co-defendants, without Kemp, filed petitions for rehearings, rehearings en banc, and certiorari in the U.S. Supreme Court. Over a year later, Kemp moved to vacate his sentence under Federal Rule of Civil Procedure 60(b), arguing ineffective assistance of counsel. The court denied his motion as untimely under 28 U.S.C. § 2255(f). Kemp argued that his petition was timely under Supreme Court Rule 13.3, which provides that if a petition for rehearing is timely filed in the lower court, the time to file the petition for a writ of certiorari runs from the date of the denial of rehearing. The court denied his motion, finding that it fell under Rule 60(b)(1) because it alleged the court made a “mistake,” and that such motions must be filed within one year. Question Does Federal Rule of Civil Procedure 60(b)(1) authorize relief based on a district court’s error of law? Conclusion The term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law, but Kemp’s motion was untimely under Rule 60(c)’s 1-year limitations period. Justice Clarence Thomas authored the 8-1 majority opinion of the Court. When the Rule was adopted in 1938 and revised in 1946, the word “mistake” applied to any “misconception,” “misunderstanding,” or “fault in opinion or judgment” as to any law or fact. The text, structure, and history of the Rule support the understanding that it applies to judicial mistakes, not just party mistakes. Justice Sonia Sotomayor authored a concurring opinion clarifying that the Court’s opinion does not disturb establish precedent or break new ground. Justice Neil Gorsuch authored a dissenting opinion, arguing that he would have dismissed the writ of certiorari as improvidently granted.

Siegel v. Fitzgerald Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 18, 2022.Decided on Jun 6, 2022. Petitioner: Alfred H. Siegel.Respondent: John P. Fitzgerald, III. Advocates: Daniel L. Geyser (for the Petitioner) Curtis E. Gannon (for the Respondent) Facts of the case (from oyez.org) Since 1978, bankruptcy courts in the United States have operated under two programs for the handling of their proceedings — the Trustee program and the Bankruptcy Administrator program. Eighty-eight of the 94 judicial districts operate within the Trustee program, while the other districts (in Alabama and North Carolina) are under the Bankruptcy Administrator program. The former is part of the Department of Justice, while the latter is overseen by the Judicial Council of the United States. Each program is also funded differently. The Bankruptcy Administrator program is funded by the judiciary's general budget, whereas the bankruptcy debtors in Trustee districts primarily fund the Trustee program. All Chapter 11 debtors, regardless of district, paid quarterly fees under a consistent formula until January 1, 2018, at which time the Trustee program experienced a funding deficit. To remedy that deficit, Congress passed the 2017 Amendment, which increased the quarterly fees for larger Chapter 11 cases in the Trustee program. In 2008, Circuit City—then a national chain of consumer electronics retail stores throughout the United States—filed for Chapter 11 bankruptcy protection in the Eastern District of Virginia, which is a Trustee district. As part of its liquidation plan, Circuit City was to pay fees to the U.S. Trustee until the close of bankruptcy. However, after the quarterly fees increased, Circuit City refused to pay the increased fees, arguing that the 2017 Amendment is unconstitutional because it creates nonuniform bankruptcy laws in violation of the Bankruptcy Clause of the Constitution. The Bankruptcy Court for the Eastern District of Virginia ruled for the Circuit City trustee, finding the 2017 Amendment violated the Bankruptcy Clause. The U.S. Court of Appeals for the Fourth Circuit reversed and remanded. Question Does the 2017 Amendment (part of the Bankruptcy Judgeship Act) violate the uniformity requirement of the Constitution's Bankruptcy Clause by increasing quarterly fees solely in districts under the U.S. Trustee program and not in those under the Bankruptcy Administrator program? Conclusion The 2017 Amendment to the Bankruptcy Judgeship Act, which imposed a significant fee increase that exempted debtors in two States, violates the uniformity requirement of the Bankruptcy Clause. Justice Sonia Sotomayor authored the unanimous opinion of the Court. The 2017 Act increased fees differently for Chapter 11 debtors in different regions. That difference was due not to an external and geographically isolated need, but from Congress's creation of a dual bankruptcy system which allowed certain districts to opt into a system more favorable for debtors. The Constitution’s Bankruptcy Clause does not permit Congress to treat identical debtors differently based on artificial distinctions Congress itself created. Thus, the 2017 Amendment violates the uniformity requirement of the Bankruptcy Clause.

United States v. Washington Wikipedia · Justia (with opinion) · Docket · oyez.org Argued on Apr 18, 2022.Decided on Jun 21, 2022. Petitioner: United States of America.Respondent: State of Washington, et al.. Advocates: Malcolm L. Stewart (for the Petitioner) Tera M. Heintz (for the Respondents) Facts of the case (from oyez.org) The Hanford site was a federal nuclear production site in Washington State that operated between 1944 and 1989, producing substantial amounts of radioactive and chemically hazardous waste. The U.S. Department of Energy now oversees cleanup of the site, which is largely conducted by private contractors and subcontractors. In 2018, Washington amended its state workers’ compensation laws specifically for these cleanup workers. The amended law creates a rebuttable presumption that certain conditions and cancers are occupational diseases. The federal government challenged the law as violating the principle of intergovernmental immunity. The district court granted summary judgment for Washington, and the U.S. Court of Appeals for the Ninth Circuit affirmed. Question Does a Washington state workers’ compensation law that applies exclusively to certain federal workers in that state violate the principle of intergovernmental immunity? Conclusion Washington’s workers’ compensation law is unconstitutional under the Supremacy Clause because it facially discriminates against the federal government and does not fall within the scope of the federal waiver of immunity. Justice Stephen Breyer authored the unanimous opinion of the Court. The Supremacy Clause prohibits states from interfering with or controlling the operations of the federal government, also known as the intergovernmental immunity doctrine. Washington’s law explicitly treats federal workers differently from state and private workers, and imposes costs upon the federal government that state and private entities do not bear. As such, it is unconstitutional under the Supremacy Clause. Contrary to Washington’s claims, no federal law “clearly and unambiguously” waives federal immunity from workers’ compensation laws.