SCOTUS will decide whether migrants stopped at the US-Mexico border before reaching a port of entry count as having "arrived in the United States" under federal immigration law. The case is Noem v. Al Otro Lado.

Cedric Allen Ricks v. Texas is before the Court on a stay application. The question: did Texas violate due process by blocking Ricks from raising an unexhausted Batson claim under the state's successive habeas petition rules?

The Court will consider whether ACA reinsurance contribution requirements amounted to an unconstitutional taking of private property. The case, Operating Engineers Trust Fund of Washington D.C. et al. v. United States, centers on billions paid to subsidize third-party reinsurance.

A new petition asks the Court to clarify when the False Claims Act's public disclosure bar blocks qui tam suits. In Biotronik, Inc. v. United States ex rel. Sam Jones Company, LLC, the question is how much public information is enough to preclude a relator's claims.

Can federal courts hear First Amendment challenges to state subpoenas, or must those claims go to state court first? That's the question in First Choice Women's Resource Centers v. Davenport, a case the Court may take up this term.

SCOTUS has invited the Solicitor General to weigh in on John Doe v. Hochul, which asks whether a state law conflicting with Title VII's religious accommodation requirement can justify an employer's refusal to accommodate an employee's religious beliefs.

Alabama death row inmate Charles Burton has filed an emergency stay application with Justice Thomas, seeking to halt his execution. The case is Burton v. Hamm, No. 25A964. Details on the question presented are not yet available.

The Supreme Court heard argument in Damon Landor v. Louisiana Department of Corrections and Public Safety on whether individuals can sue government officials personally for damages under RLUIPA, the federal law protecting prisoners' religious exercise rights.

New case: United States Conference of Catholic Bishops v. David O'Connell. A parishioner says he was misled at Mass about how Peter's Pence donations are used by the Pope. The Bishops are seeking immunity from his suit.

The Court heard argument today in Shawn Montgomery v. Caribe Transport II, LLC, a case asking whether federal trucking law preempts state negligence claims against freight brokers who choose unsafe carriers or drivers.

Schoenthal v. Raoul is headed back to conference. The case asks whether Illinois can ban ordinary citizens from carrying firearms on public transit under the Second and Fourteenth Amendments.

Nicole Pileggi is asking SCOTUS to weigh in on who counts as a "consumer" under the Video Privacy Protection Act, after a circuit split over whether the term covers people who access free online content without a paid subscription.

The Court has rescheduled January Littlejohn et vir v. School Board of Leon County Florida seven times. The case asks whether schools violate parental rights by secretly helping students socially transition without notifying parents.

The Supreme Court has declined to hear Stephen Thaler v. Shira Perlmutter, leaving in place the rule that copyright requires human authorship. AI-generated works with no human creative input remain unprotectable under federal copyright law.

Dr. Masahide Kanayama is asking the Supreme Court to emergency stay his extradition, arguing the State Department's decision violates the Convention Against Torture and that his pending asylum application entitles him to relief.

The government has asked Justice Sotomayor for an emergency stay in Kristi Noem v. Dahlia Doe, a case involving Temporary Protected Status. Sotomayor oversees the First Circuit, where the underlying case arose.

A new SCOTUS petition asks whether Section 504 of the Rehabilitation Act allows individuals to sue for retaliation. The case, Porter Smith v. Michigan Department of Corrections, could clarify a question that has divided the lower courts.

New York's redistricting battle is now before SCOTUS. Republicans are seeking an emergency stay in Peter Kosinski et al. v. Michael Williams et al., asking the Court to intervene in the ongoing fight over the state's congressional map.

SCOTUS has been asked to decide whether public schools violate parental constitutional rights by helping students socially transition to a different gender without notifying or getting consent from parents. The case is Foote v. Ludlow School Committee.

The Court reversed the Third Circuit in Berk v. Choy, ruling on whether a state law requiring an expert affidavit alongside a complaint can be applied in federal court.

Smith v. Scott is set for conference. The case asks whether officers acted reasonably under the Fourth Amendment by using bodyweight restraint on a potentially armed, resisting suspect, and whether the lower court wrongly denied qualified immunity.

The Supreme Court has remanded Neilly v. Michigan back to the lower court for reconsideration in light of Ellingburg v. United States. The core question remains open: is criminal restitution "punishment" under the Ex Post Facto Clause?

The Court has asked the Solicitor General to weigh in on Thomas Crowther et al. v. Board of Regents of the University System of Georgia et al., which asks whether Title IX gives employees of federally funded schools a private right to sue for sex discrimination.

The Supreme Court heard arguments in Cox Communications Inc et al v Sony Music Entertainment et al, a case asking how far ISP liability extends when subscribers use their service to infringe copyrights.

The Supreme Court will take up Okello T. Chatrie v. United States, examining whether geofence warrants violate the Fourth Amendment and whether evidence obtained from such warrants must be excluded. https://scotusgate.com/post.php?slug=supreme-court-to-weigh-geofence-warrants-and-the

The Supreme Court will hear oral argument in Watson v. Republican National Committee, a dispute over whether Mississippi can require mail ballots to arrive by Election Day rather than just be postmarked by then. https://scotusgate.com/post.php?slug=mississippi-mail-ballot-deadline-dispute-heads-to

When can a government employer punish a worker for speech made off the clock? That question is before the Court in Hedgepeth v. Britton, and amici are now weighing in. Read our full analysis here: https://scotusgate.com/post.php?slug=off-duty-speech-and-public-employees-hedgepeth

The government is asking SCOTUS to take up United States v. Cockerham, defending the federal felon-in-possession gun ban under 18 U.S.C. 922(g)(1) against a Second Amendment challenge. Full analysis here: https://scotusgate.com/post.php?slug=government-petitions-scotus-to-revive-felon-gun

The federal government has filed an amicus brief supporting a stay application in Malliotakis v. Williams, a New York redistricting case now before the Supreme Court. https://scotusgate.com/post.php?slug=new-york-redistricting-stay-application-draws-us

Reed v. Goertz is back at the Court. After SCOTUS ruled Reed's DNA testing suit was timely in 2023, the case returns on the merits. The question now: does a Texas DA's refusal to test DNA evidence violate due... https://scotusgate.com/post.php?slug=reed-v-goertz-returns-court-considers-dna-testing

The Court heard oral argument in *Little v. Hecox*, a challenge to Idaho's law limiting women's sports participation to biological females. The question: does such a law violate the Equal Protection Clause? https://scotusgate.com/post.php?slug=idahos-womens-sports-law-reaches-oral-argument-at

Uber v. Drammeh, No. 24-1020, asks: Whether federal courts can predict changes in state law under Erie Railroad Co. v. Tompkins.

Trump administration has asked SCOTUS to vacate DC district court orders blocking deportations under the 1798 Alien Enemies Act. This rarely-used law lets the President deport "alien enemies" during war or "invasion." Shadow Docket Case No 24A931 www.supremecourt.gov/search.aspx?...

#SCOTUS has been asked to decide whether mandatory life without parole (LWOP) for felony murder—when the defendant neither killed nor intended to kill—violates the 8th Amendment. Case: Wayne Sellers, IV v. Colorado (No. 24-941). Here’s what you need to know. 🧵 www.supremecourt.gov/DocketPDF/24...

American Airlines is asking #SCOTUS to review a First Circuit ruling that struck down its Northeast Alliance (NEA) with JetBlue under the Sherman Act. At stake? How courts analyze joint ventures under antitrust law. Here’s the breakdown. 🧵👇 #SCOTUSGate www.supremecourt.gov/DocketPDF/24...

Veterans' rights case headed to #SCOTUS? Lott v. Lott questions whether state courts can force veterans to use federally protected disability benefits to satisfy divorce agreements. Petitioner argues this violates Supremacy Clause and contradicts SCOTUS precedent in Howell. 24A835

#SCOTUS docket No. 24-933 State Farm v. Jama asks whether a class can be certified without proving individual harm to each class member. When insurers value "totaled" cars, can a mere violation of valuation regulations support class certification?

#SCOTUS petition on whether magazine capacity limits violate 2A rights in Hanson v. DC (No. 24-936). Case challenges DC's ban on magazines holding more than 10 rounds, arguing they're commonly owned for lawful purposes including self-defense. www.supremecourt.gov/Search.aspx?...

#SCOTUS No. 24-935: Flower Foods v. Brock asks whether local delivery drivers who never cross state lines themselves are "transportation workers" exempt from the FAA? Significant implications for gig economy.

New SCOTUS extension application filed in Mumford v. Iowa. At stake: whether a drug dog’s nose briefly breaking the plane of a car window constitutes a Fourth Amendment search. A divided Iowa Supreme Court said no violation—but the issue has split courts. www.supremecourt.gov/search.aspx...

Wells v. US, No. 24-907 SCOTUS petition: Challenge to Article 134, Cl. 2, UCMJ—criminalizing conduct "of a nature to bring discredit upon the armed forces." Government did not show any actual discredit to service. #MilitaryJustice

SCOTUS WATCH: In Bronitsky v. Saldana (24-905), the Court faces a 4-way circuit split on whether Chapter 13 debtors can fund retirement accounts instead of paying creditors. Could impact billions in bankruptcy funds nationwide. www.supremecourt.gov/DocketPDF/24...

The D.C. Circuit's split in Alpine Securities v. FINRA highlights a critical constitutional question: can a private entity like FINRA exercise significant executive authority in enforcing securities laws without presidential oversight? www.supremecourt.gov/DocketPDF/24...

The Supreme Court faces an unusual request in Atturo v. Toyo: certify a key state law question to Illinois Supreme court that could revive a $10M jury verdict. CAFed's Erie "prediction" about Illinois law wiped out damages for a small tire company. www.supremecourt.gov/DocketPDF/24...

Why does Ken Paxton want institutions/organizations/schools/officials to be looking in students' underpants? It's WEIRD!

New Petition: Milos Product Tanker v. Valero Marketing asks the Court to resolve a maritime law split over who pays shipping costs when cargo is delivered without bills of lading. The 9th Circuit created a new distinction between "private" and "common" carriers.

1/9 The Federal Circuit's recent decision in In re McLeay offers a glimpse into the evolving relationship between utility and enablement in patent law. #PatentLaw #FederalCircuit The inventor's twin (an IP litigator) argued the case to the Federal Circuit. patentlyo.com/patent/2025/...

🚨New #SCOTUS cert petition from 5th Circuit: Martinez v. City of Rosenberg asks whether an "otherwise unreasonable use of excessive force [is] permitted under the Fourth Amendment so long as it results in no, or only minor, injuries?" Martinez v. City of Rosenberg, No. 24-892 (Feb. 2025).

New #SCOTUS cert petition challenges Georgia's tax on adult entertainment establishments that fund services for sexually exploited children, arguing it violates First Amendment protections for expressive conduct. 24-881. Georgia's response is due March 20, 2025.

🔔 New #SCOTUS Cert Petition: Lexington Insurance v. Suquamish Tribe asks whether tribal courts can exercise jurisdiction over non-members based on their off-reservation conduct. Major implications for tribal sovereignty and business relationships with tribes. www.supremecourt.gov/DocketPDF/24...