U.S. Supreme Court Oral Arguments

By Oyez

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Episode Date
Trump v. Hawaii
A case in which the Court will decide whether President Donald Trump’s Proclamation restricting travel and immigration to the US from certain countries (“travel ban”) violates the president’s statutory authority or the Establishment Clause of the Constitution, and also whether a global injunction barring enforcement of parts of the Proclamation is impermissibly overbroad.
Apr 25, 2018
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
A case in which the Court decided that a federal court determining foreign law pursuant to Federal Rule of Civil Procedure 44.1 should accord respectful consideration to a foreign government’s submission, but the court is not bound to accord conclusive effect to the foreign government’s statements.
Apr 24, 2018
Abbott v. Perez
A case in which the Court will decide whether (1) the district court issued an appealable interlocutory injunction when it invalidated Texas’ enacted redistricting plan and ordered the parties to appear at a remedial hearing to redraw state congressional districts unless the Governor convened a special legislative session to redraw the congressional map within three days; (2) the Texas legislature acted with an unlawful purpose when it enacted a redistricting plan originally imposed by the district court to remedy any possible constitutional and statutory defects in a previous legislative plan that was repealed before it took effect; (3) the Texas legislature engaged in intentional vote dilution when it adopted Congressional District (CD) 27 in 2013 after the district court’s 2012 finding that CD 27 did not support a plausible claim of racially discriminatory purpose and did not dilute Latino voting strength because it was impossible to create an additional Latino opportunity district in the region; and (4) the legislature engaged in racial gerrymandering in CD 35 when it simply adopted the district unchanged as part of the court-ordered remedial plan.
Apr 24, 2018
Pereira v. Sessions
A case in which the Court will decide whether a notice to appear for a removal hearing that does not specify the place and time of the hearing triggers the stop-time rule of 8 U.S.C. § 1229b(b)(1), which gives the attorney general discretion to cancel removal for an alien who, among other criteria, has been continuously physically present in the country for at least ten years.
Apr 23, 2018
Chavez-Meza v. United States
A case in which the Court will resolve a circuit split as to whether a district court must provide some explanation for its decision not to grant a proportional sentence reduction under 18 U.S.C. § 3582(c)(2), when the reasons are not otherwise apparent from the record.
Apr 23, 2018
Lucia v. Securities and Exchange Commission
A case in which the Court will consider whether administrative law judges of the Securities and Exchange Commission are Officers of the United States within the meaning of the Appointments Clause.
Apr 23, 2018
Lagos v. United States
A case in which the Court held that under the Mandatory Victims Restitution Act, pursuant to 18 U.S.C. § 3663A(b)(4), which pertains to reimbursement by defendants to victims for expenses incurred during the investigation or prosecution related to the offense, the words “investigation” and “proceedings” encompass only government investigations and criminal proceedings and do not include private investigations and civil or bankruptcy proceedings.
Apr 18, 2018
Washington v. United States
A case in which the Court was asked to decide, among other things, whether the state of Washington’s use of culverts to divert water violates its treaties with Indian tribes, and if so, whether the state must replace those culverts, at great cost.
Apr 18, 2018
South Dakota v. Wayfair, Inc.
A case in which the Court will decide whether to abrogate its holding in Quill Corp. v. North Dakota that the dormant Commerce Clause prohibits states from requiring sellers with no physical presence in the state to collect and remit sales tax for goods sold within the state.
Apr 17, 2018
Lamar, Archer & Cofrin, LLP v. Appling
A case in which the Court decided that a statement regarding a specific asset can be a “statement respecting the debtor’s . . . financial condition” under section 523(a)(2)(B) of the Bankruptcy Code.
Apr 17, 2018
Wisconsin Central Ltd. v. United States
A case in which the Court will decide whether the stock that a railroad company transfers to its employees under the Railroad Retirement Tax Act, 26 U.S.C. § 3231(e)(1) is taxable.
Apr 16, 2018
WesternGeco LLC v. ION Geophysical Corp.
A case in which the Court will consider whether the US Court of Appeals for the Federal Circuit erred in holding that lost profits arising from prohibited combinations occurring outside of the US are categorically unavailable in cases in which patent infringement is proven under 35 U.S.C. § 271(f).
Apr 16, 2018
Benisek v. Lamone
A case in which the Court will decide (1) whether a plaintiff alleging a First Amendment retaliation challenge to a partisan gerrymander must prove that the gerrymander has dictated and will continue to dictate the outcome of every election held in the district under the gerrymandered map, (2) whether the Mt. Healthy burden-shifting framework applies to First Amendment retaliation challenges to partisan gerrymanders, and (3) whether the record permits a finding that the 2011 gerrymander was a but-for cause of the Democratic victories in the district in 2012, 2014, or 2016.
Mar 28, 2018
Koons v. United States
A case in which the Court decided that the petitioners, who were criminal defendants, were not eligible for sentence reductions under 18 U.S.C. § 3582(c)(2) because their sentences were not “based on” their lowered Federal Sentencing Guidelines ranges, but rather were “based on” the mandatory minimum sentences for their offenses and their substantial assistance to the government.
Mar 27, 2018
Hughes v. United States
A case in which the Court decided that a sentence imposed pursuant to a Federal Rule of Criminal Procedure 11(c)(1)(C) (“Type C”) plea bargain is “based on” the defendant’s Federal Sentencing Guidelines range as long as that range was a component of the framework the court used in imposing the sentence or accepting the plea bargain, meaning that in this case, Erik Hughes could seek a sentencing reduction under 18 U.S.C. § 3582(c)(2).
Mar 27, 2018
China Agritech v. Resh
A case in which the Court decided that upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing a individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.
Mar 26, 2018
United States v. Sanchez-Gomez
A case in which the Court held that challenges to the federal district-wide policy of using of pretrial physical restraints are moot.
Mar 26, 2018
Upper Skagit Indian Tribe v. Lundgren
A case in which the Court held that its prior decision in County of Yakima v. Confederated Tribes and Bands of Yakima Nation addressed only a question of statutory interpretation, not the question whether Indian tribes have sovereign immunity in in rem lawsuits.
Mar 21, 2018
National Institute of Family and Life Advocates v. Becerra
A case in which the Court will decide whether disclosures mandated by a California law regarding reproductive rights violates pro-life pregnancy clinics’ First Amendment free speech rights.
Mar 20, 2018
Sveen v. Melin
A case in which the Court will decided that the retroactive application of Minnesota’s revocation-upon-divorce statute, which automatically nullifies the designation of an ex-spouse as the beneficiary of a life insurance policy or other will substitute, does not violate the contracts clause of the Constitution.
Mar 19, 2018
Minnesota Voters Alliance v. Mansky
A case in which the Court held unconstitutional a Minnesota statute that prohibited individuals from wearing political apparel at or around polling places on primary or election days.
Feb 28, 2018
United States v. Microsoft Corporation
A case in which, following the enactment of the Clarifying Lawful Overseas Use of Data Act, the Court vacated the judgment on review and remanded with instructions to first vacate the district court's contempt finding and its denial of Microsoft's motion to quash, and then to direct the district court to dismiss as moot a case regarding whether a provision of the Stored Communications Act, 18 U.S.C. § 2703, requires that an email provider who has been served with a warrant provide the federal government with emails, even when the email records are stored exclusively outside the United States.
Feb 27, 2018
Lozman v. City of Riviera Beach, Florida
A case in which the Court will decide whether the existence of probable cause defeats a claim of retaliatory-arrest under the First Amendment as a matter of law.
Feb 27, 2018
Janus v. American Federation of State, County, and Municipal Employees, Council 31
A case in which the Court will decide whether to overturn its prior decision in Abood v. Detroit Board of Education, where it held that public employees who do not belong to a union can be required to pay a fee to cover the union’s costs to negotiate a contract that applies to all public employees, including those who are not union members.
Feb 26, 2018
Ohio v. American Express Co.
A case in which the Court will decide whether, under the “rule of reason,” the government’s showing that American Express’s anti-steering provisions stifled price competition on the merchant side of the credit-card platform was sufficient to prove anti-competitive effects, thereby shifting to American Express the burden of establishing pro-competitive benefits from the provisions.
Feb 26, 2018
Dahda v. United States
A case in which the Court decided that wiretap orders authorized by a judge for the federal district of Kansas in a government investigation of a suspected Kansas drug distribution ring were not facially insufficient because they did not lack any information that the wiretap statute required them to include, and because the challenged language permitting interception outside the court’s territorial jurisdiction was surplus.
Feb 21, 2018
Rosales-Mireles v. United States
A case in which the Court will decide whether the Fifth Circuit applied the appropriate standard for plain error review when it required that the error be one that “would shock the conscience of the common man, serve as a powerful indictment against our system of justice, or seriously call into question the competence or integrity of the district judge.”
Feb 21, 2018
City of Hays, Kansas v. Vogt
A case in which the Court was asked to clarify the scope of the Fifth Amendment right against self-incrimination in a “criminal case”—specifically whether the Fifth Amendment is violated when a criminal defendant is compelled to incriminate himself and the incriminating statement is used in a probable cause hearing.
Feb 20, 2018
Currier v. Virginia
A case in which the Court will decide whether a defendant who consents to the severance of multiple charges into sequential trials loses his right under the Double Jeopardy Clause to the issue-preclusive effect of an acquittal.
Feb 20, 2018
McCoy v. Louisiana
A case in which the Court held that a criminal defendant has the right under the Sixth Amendment to insist that his attorney not concede guilt in a capital case.
Jan 17, 2018
Encino Motorcars, LLC v. Navarro
A case in which the Court decided that because service advisors at car dealerships are “salesm[e]n . . . primarily engaged in . . . servicing automobiles,” 29 U.S.C. § 213(b)(10)(A), they are exempt from the Fair Labor Standards Act's overtime-pay requirements.
Jan 17, 2018
Hall v. Hall
A case in which the Court decided that when one of multiple cases consolidated under FRCP 42(a) is finally decided, that ruling confers upon the losing party the right to immediate appeal regardless of whether any of the other consolidated cases are still pending.
Jan 16, 2018
Dalmazzi v. United States
A case in which the Court will determine (1) whether it has jurisdiction to review two of the consolidated cases under 28 U.S.C. § 1259(3); (2) whether Judge Martin T. Mitchell’s simultaneous service on the US Court of Military Commission Review (CMCR) and the US Air Force Court of Criminal Appeals (AFCCA) violated the Appointments Clause; (3) whether Judge Mitchell’s service on the CMCR disqualified him from continuing to serve on the AFCCA; and (4) whether the US Court of Appeals for the Armed Forces erred in holding Petitioner’s claims moot.
Jan 16, 2018
Husted v. A. Philip Randolph Institute
A case in which the Court upheld Ohio's list-maintenance process against a challenge under under National Voter Registration Act of 1993 (NVRA) and the Help America Vote Act of 2002 (HAVA).
Jan 10, 2018
Byrd v. United States
A case in which the Court held that a driver of a rental car who has permission to drive the car but is not listed as an authorized driver on the rental agreement has a reasonable expectation of privacy in the rental car.
Jan 09, 2018
Collins v. Virginia
A case in which the Court will decide whether the Fourth Amendment's automobile exception permits a police officer without a warrant to enter private property in order to search a vehicle parked a few feet from the house.
Jan 09, 2018
Florida v. Georgia
A case in which the Court will decide whether Florida is entitled to equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin (ACF Basin) and appropriate injunctive relief against Georgia to sustain an adequate flow of fresh water into the Apalachicola Region.
Jan 08, 2018
Texas v. New Mexico and Colorado
A case in which the Court will decide whether New Mexico's pumping of groundwater that is hydrologically connected to the Rio Grande violates the Rio Grande Compact and the Rio Grande Project Act, which apportion water to Rio Grande Project beneficiaries, including Texas.
Jan 08, 2018
Marinello v. United States
A case in which the Court held that a conviction under 26 U.S.C. § 7212(a) for corruptly endeavoring to obstruct or impede the due administration of the tax laws requires proof that the defendant acted with knowledge of a pending Internal Revenue Service action.
Dec 06, 2017
Murphy v. Smith
A case in which the Court interpreted the parenthetical phrase “not to exceed 25 percent,” as used in 42 U.S.C. § 1997e(d)(2), to mean exactly 25 percent, thereby precluding the district court from exercising its discretion to allocate a lower percentage of the damage award to attorney's fees.
Dec 06, 2017
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
A case in which the Court held that the Colorado Civil Rights Commission's conduct in evaluating a cake shop owner's reasons for declining to make a wedding cake for a same-sex couple violated the Free Exercise Clause.
Dec 05, 2017
Rubin v. Islamic Republic of Iran
A case in which the Court held that 28 U.S.C. § 1610(g) does not provide a freestanding attachment immunity exception that allows terror victim judgment creditors to attach and execute upon assets of foreign state; rather, the immunity of property must be rescinded under a separate provision under that section.
Dec 04, 2017
Murphy v. National Collegiate Athletic Association
A case in which the Court decided that provisions of the Professional and Amateur Sports Protection Act (PASPA) that prohibit state authorization and licensing of sports gambling schemes violate the Constitution’s anticommandeering rule, and that no other PASPA provisions are severable from the provisions at issue.
Dec 04, 2017
Carpenter v. United States
A case in which the Court will determine whether the warrantless seizure and search of cell phone records revealing the location and movements of a cell phone user over the course of 127 days violates the Fourth Amendment.
Nov 29, 2017
Digital Realty Trust, Inc. v. Somers
A case in which the Court held that the anti-retaliation provision for "whistleblowers" in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 applies only to individuals who fall within the act’s specific definition of "whistleblower," that is, those who disclose allegedly unlawful activity to the Securities and Exchange Commission.
Nov 28, 2017
Cyan, Inc. v. Beaver County Employees' Retirement Fund
A case in which the Court held that that the Securities Litigation Uniform Standards Act of 1998 does not strip state courts of jurisdiction to hear claims under the Securities Act of 1933, nor does it permit defendants to remove class actions alleging only 1933 Act claims from state to federal court.
Nov 28, 2017
Oil States Energy Services LLC v. Greene’s Energy Group, LLC
A case in which the Court decided that inter partes review, which authorizes the United States Patent and Trademark Office to reconsider and cancel an already-issued patent claim under 35 U.S.C. §§ 311-391, does not violate Article III or the Seventh Amendment of the Constitution.
Nov 27, 2017
SAS Institute Inc. v. Iancu
A case in which the Court decided that when the United States Patent and Trademark Office institutes an inter partes review to reconsider an already-issued patent claim, under 35 U.S.C. §§ 311-319, it must decide the patentability of all of the claims the petitioner has challenged.
Nov 27, 2017
Patchak v. Zinke
A case in which the Court held that a statute that directs the federal courts to "promptly dismiss” certain lawsuits without affecting any underlying laws does not violate the Constitution’s separation of powers principles.
Nov 07, 2017
Nov 06, 2017
Merit Management Group v. FTI Consulting, Inc.
A case in which the Court held that the safe harbor provision of 11 U.S.C. § 546(e), which prohibits a trustee from avoiding a transfer made by or to a financial institution, does not include transfers where the benefit and detriment of the transfer impact companies that are not financial institutions.
Nov 06, 2017
Artis v. District of Columbia
A case in which the Court decided that the tolling provision of 28 U.S.C. § 1367 suspends or “stops the clock” on the limitations period for supplemental state law claims while the underlying case is pending in federal court and for 30 days thereafter, rather than merely providing a 30-day grace period after dismissal for the plaintiff to refile in state court.
Nov 01, 2017
U.S. Bank National Association v. Village at Lakeridge, LLC
A case in which the Court held that a designation of non-statutory insider status is reviewable under the standard of clear error because the "mixed question" of law and fact at issue is primarily factual.
Oct 31, 2017
Ayestas v. Davis
A case in which the Court decided that the district court's denial of petitioner's request for "reasonably necessary" investigative and related services under 18 U.S.C. § 3599(f) to prove that he was entitled to federal habeas relief was a judicial decision subject to appellate review under the standard jurisdictional provisions; and that the U.S. Court of Appeals for the 5th Circuit applied the wrong legal standard in affirming the district court's denial of petitioner's § 3599(f) request.
Oct 30, 2017
Wilson v. Sellers
A case in which the Court decided that a federal habeas court reviewing an unexplained state court decision on the merits should “look through” that decision to the most recent related state court decision that provides a relevant rationale and presume that the unexplained decision adopted the same reasoning, and that the state may rebut that presumption by showing that the unexplained decision most likely relied on different grounds than the reasoned decision below.
Oct 30, 2017
National Association of Manufacturers v. Department of Defense
A case in which the Court decided that challenges to the Environmental Protection Agency’s rule that defines the scope of United States waters must be filed in federal district courts.
Oct 11, 2017
Jesner v. Arab Bank, PLC
A case in which the Court held that the Alien Tort Statute does not permit lawsuits against corporations.
Oct 11, 2017
Oct 11, 2017
Hamer v. Neighborhood Housing Services of Chicago
A case in which Court held that Federal Rule of Appellate Procedure 4(a)(5)(C), which places a time limit on appeals, is not jurisdictional because it is a court-made rule rather than a statute.
Oct 10, 2017
Class v. United States
A case in which the Court held that a guilty plea alone does not waive a defendant’s right to challenge the constitutionality of his conviction on direct appeal.
Oct 04, 2017
District of Columbia v. Wesby
A case in which the Court decided that (1) officers had probable cause to arrest a number of partygoers for unlawful entry under D.C. law under the totality of the circumstances, and (2) that the officers were entitled to qualified immunity because their actions were not clearly unlawful at the time.
Oct 04, 2017
Jennings v. Rodriguez
A case in which the Court held that non-citizens who are subject to mandatory detention under the Immigration and Nationality Act are not entitled to periodic bond hearings. with the possibility of release if they are detained for longer than six months.
Oct 03, 2017
Gill v. Whitford
A case in which the Court will decide whether partisan gerrymandering claims are justiciable, and whether the district court erred in striking down Wisconsin’s redistricting plan as an unconstitutional partisan gerrymander.
Oct 03, 2017
Sessions v. Dimaya
A case in which the Court struck down the Immigration and Nationality Act’s “crime of violence” provision as unconstitutionally vague in violation of the Due Process Clause of the Fifth Amendment.
Oct 02, 2017
Epic Systems Corp. v. Lewis
A case in which the Court held that the Federal Arbitration Act requires that arbitration agreements providing for individualized proceedings be enforced.
Oct 02, 2017
Sandoz Inc. v. Amgen Inc.
A case in which the Court determined that the Biologics Price Competition and Innovation Act of 2009 allows for commercial notice of a “biosimilar product” to be effective if given prior to approval by the Food and Drug Administration (FDA), but that the Act’s notice requirement is not enforceable with an injunction.
Apr 26, 2017
Maslenjak v. United States
A case in which the Court determined that, for a naturalized American citizen to be stripped of her citizenship, the government has to prove that she obtained her citizenship illegally; if the underlying illegality is a false statement to government officials, the government must prove that the false statement influenced the citizenship process.
Apr 26, 2017
BNSF Railway Co. v. Tyrrell
A case in which the Court determined that the Federal Employers’ Liability Act (FELA) does not address the issue of whether state courts may exercise personal jurisdiction over railroads, and the Supreme Court’s precedent in Daimler AG v. Baumann controls a state court’s exercise of general jurisdiction.
Apr 25, 2017
Bristol-Myers Squibb Co. v. Superior Court of California
A case in which the Court determined that, when the plaintiffs’ claims would have been exactly the same even if the defendant had no forum state contacts, there is no basis for specific jurisdiction because the case does not sufficiently arise out of or relate to the defendant’s forum activities.
Apr 25, 2017
McWilliams v. Dunn
A case in which the Court determined that Ake v. Oklahoma clearly established that a state must provide an indigent defendant with access to an expert witness who is sufficiently available to the defense and independent of the prosecution to effectively conduct an examination and assist in the preparation of a defense.
Apr 24, 2017