List of pending United States Supreme Court cases
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This is a list of cases before the United States Supreme Court that the Court has agreed to hear and has not yet decided.[1][2][3]
Future argument dates are in parentheses; arguments in these cases have been scheduled, but have not, and potentially may not, take place.
October Term 2023 cases[edit]
Case | Docket no. | Question(s) presented | Certiorari granted | Oral argument |
---|---|---|---|---|
Chiaverini v. City of Napoleon, Ohio | 23-50 | Whether Fourth Amendment malicious prosecution claims are governed by the charge-specific rule, as the Second, Third, and Eleventh Circuits hold, or by the "any crime" rule, as the Sixth Circuit holds. | December 13, 2023 | April 15, 2024 |
City of Grants Pass v. Johnson | 23-175 | Does the enforcement of generally applicable laws regulating camping on public property constitute "cruel and unusual punishment" prohibited by the Eighth Amendment? | January 12, 2024 | April 22, 2024 |
Corner Post, Inc. v. Board of Governors of the Federal Reserve System | 22-1008 | Does a plaintiff’s Administrative Procedure Act claim "first accrue[]" under when an agency issues a rule—regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)—or when the rule first causes a plaintiff to "suffer[] legal wrong" or be "adversely affected or aggrieved" (as the Sixth Circuit has held)? | September 29, 2023 | February 20, 2024 |
Department of State v. Muñoz | 23-334 | (1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and (2) Whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under suffices to provide any process that is due. | January 12, 2024 | April 23, 2024 |
Diaz v. United States | 23-14 | In a prosecution for drug trafficking-where an element of the offense is that the defendant knew she was carrying illegal drugs-does Rule 704(b) permit a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters? | November 13, 2023 | March 19, 2024 |
Erlinger v. United States | 23-370 | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act. | November 20, 2023 | March 27, 2024 |
Fischer v. United States | 23-5572 | Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) ("Witness, Victim, or Informant Tampering"), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence? | December 13, 2023 | April 16, 2024 |
Gonzalez v. Trevino | 22-1025 | (1) Whether the Nieves v. Bartlett probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened; and (2) whether the Nieves probable cause rule is limited to individual claims against arresting officers for split-second arrests. | October 13, 2023 | March 20, 2024 |
Harrington v. Purdue Pharma L.P. | 23-124 | Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants' consent. | August 10, 2023 | December 4, 2023 |
Loper Bright Enterprises v. Raimondo Relentless, Inc. v. Department of Commerce | 22-451 22-1219 | Whether the court should overrule Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. | May 1, 2023 | January 17, 2024 |
Moody v. NetChoice, LLC NetChoice v. Paxton | 22-277 22-555 | (1) Whether the laws' content-moderation restrictions comply with the First Amendment; and (2) whether the laws' individualized-explanation requirements comply with the First Amendment. | September 29, 2023 | February 26, 2024 |
Moore v. United States | 22-800 | Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. | June 26, 2023 | December 5, 2023 |
Moyle v. United States | 23-726 23-727 | Whether EMTALA preempts state laws that protect human life and prohibit abortions, like Idaho’s Defense of Life Act. | January 5, 2024 | April 24, 2024 |
Murthy v. Missouri | 23-411 | (1) Whether respondents have Article III standing; and (2) whether the government's challenged conduct transformed private social-media companies' content-moderation decisions into state action and violated respondents' First Amendment rights; and (3) whether the terms and breadth of the preliminary injunction are proper. | October 20, 2023 | March 18, 2024 |
Ohio v. EPA | 23A349 23A350 23A351 23A384 | Whether the Supreme Court should stay the Federal 'Good Neighbor Plan' for the 2015 Ozone National Ambient Air Quality Standards. | December 20, 2023[a] | February 21, 2024 |
SEC v. Jarkesy | 22-859 | (1) Whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; and (2) whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; and (3) whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection. | June 30, 2023 | November 29, 2023 |
Smith v. Arizona | 22-899 | Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst. | September 29, 2023 | January 10, 2024 |
Snyder v. United States | 23-108 | Whether 18 U.S.C. § 666 criminalizes gratuities, i.e., payments in recognition of actions the official has already taken or committed to take, without any quid pro quo agreement to take those actions. | December 13, 2023 | April 15, 2024 |
Texas v. New Mexico and Colorado | No. 141, Orig. | The exception to the Third Interim Report of the Special Master. | January 22, 2024 | March 20, 2024 |
Trump v. United States | 23-939 | Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. | February 28, 2024 | April 25, 2024 |
United States v. Rahimi | 22-915 | Whether Second Amendment on its face. | , which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates theJune 30, 2023 | November 7, 2023 |
October Term 2024 cases[edit]
Case | Docket no. | Question(s) presented | Certiorari granted | Oral argument |
---|---|---|---|---|
Advocate Christ Medical Center v. Becerra | 23-715 | Whether the phrase "entitled ... to benefits," used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received | June 10, 2024 | |
Bouarfa v. Mayorkas | 23-583 | Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. | April 29, 2024 | |
Bufkin v. McDonough | 23-713 | Whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in was properly applied during the claims process in order to satisfy , which directs the court to “take due account” of the Department of Veterans Affairs’ application of that rule. | April 29, 2024 | |
City and County of San Francisco v. EPA | 23-753 | Whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform. | May 28, 2024 | |
Delligatti v. United States | 23-825 | Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. | June 3, 2024 | |
Facebook, Inc. v. Amalgamated Bank | 23-980 | Whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm. | June 10, 2024 | |
Garland v. VanDerStok | 23-852 | (1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “a partially complete, disassembled, or nonfunctional frame or receiver” that is “designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act. | April 22, 2024 | |
Glossip v. Oklahoma | 22-7466 | (1) Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that witness's false testimony about that care and related diagnosis violate the due process of law. See Brady v. Maryland, 373 U.S. 83 (1963); Napue v. Illinois, 360 U.S. 264 (1959); and (2) whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims. See Kyles v. Whitley, 514 U.S. 419 (1995); and (3) whether due process of law requires reversal, where a capital conviction is so infected with errors that the State no longer seeks to defend it. See Escobar v. Texas, 143 S. Ct. 557 (2023) (mem.); and (4) whether the Oklahoma Court of Criminal Appeals' holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment. | January 22, 2024 | |
Lackey v. Stinnie | 23-621 | (1) Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988; and (2) whether a party must obtain an enduring change in the parties' legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under Section 1988. | April 22, 2024 | |
Medical Marijuana, Inc. v. Horn | 23-365 | Whether economic harms resulting from personal injuries are injuries to "business or property by reason of" the defendant's acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act. | April 29, 2024 | |
Royal Canin U.S.A., Inc. v. Wullschleger | 23-677 | (1) Whether a post-removal amendment of a complaint to omit federal questions defeats federal-question subject matter jurisdiction pursuant to (2) whether such a post-removal amendment of a complaint precludes a district court from exercising supplemental jurisdiction over the plaintiff's remaining state-law claims pursuant to . | ; andApril 29, 2024 | |
Williams v. Washington | 23-191 | Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court. | January 12, 2024 |
See also[edit]
- List of United States Supreme Court cases by the Roberts Court
- 2023 term opinions of the Supreme Court of the United States
Notes[edit]
References[edit]
- ^ "2022–23 Term". Oyez. Retrieved July 1, 2022.
- ^ "Calendars and Lists". www.supremecourt.gov. Retrieved January 8, 2021.
- ^ "October Term 2022 Cases for Argument" (PDF). supremecourt.gov. Retrieved June 11, 2022.