United States Supreme Court Certiorari Granted

Opinions Filed in June 2019

Allen v. United States

Whether 18 U.S.C. §§ 922(g) and 924 require the government to prove a criminal defendant’s mens rea as to each substantive element of the enumerated statutory offenses, including the defendant’s knowledge of the fact that renders illegal the otherwise constitutionally protected possession of a firearm.

Area(s) of Law:
  • Criminal Law

Babb v. Sec’y, Department of Veterans Affairs

Petition granted limited to the following question: Whether the federal-sector provision of the Age Discrimination in Employment Act of 1967, which provides that personnel actions affecting agency employees aged 40 years or older shall be made free from any “discrimination based on age,” 29 U.S.C. §633(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action.

Area(s) of Law:
  • Employment Law

Barrett v. United States

Whether the residual clause at 18 U.S.C. § 924(c)(3)(B) is void for vagueness, a question that evenly divides six Courts of Appeals.

Area(s) of Law:
  • Criminal Law

City of Pensacola, Florida v. Kondrat'yev

1. Whether plaintiffs have standing to sue under the Establishment Clause when their only alleged injury consists of the feelings of “offense” produced by observing a passive religious display. 2. Whether, under Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), passive religious displays with a long historical pedigree must be torn down because of claims that they have the purpose or effect of endorsing religion

Area(s) of Law:
  • First Amendment

Dept. of Commerce v. USDC SD NY

Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials —when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.

Area(s) of Law:
  • Administrative Law

Douglas v. United States

Whether the residual clause of 18 U.S.C. §924(c)(3)(B) is unconstitutionally vague.

Area(s) of Law:
  • Criminal Law

Espinoza v. Montana Dept. of Revenue

Does it violate the Religion Clauses or Equal Protection Clause of the United States Constitution to invalidate a generally available and religiously neutral student- aid program simply because the program affords students the choice of attending religious schools

Area(s) of Law:
  • First Amendment

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless

Whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) permits a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.

Area(s) of Law:
  • Arbitration

Hall v. United States

Whether the Fifth Amendment’s Double Jeopardy Clause prohibits the federal sentencing of an individual already sentenced by a state for the same conduct.

Area(s) of Law:
  • Sentencing

Honchariw v. County of Stanislaus, CA

(1) Whether taking and due process claims arising from an administrative disapproval ripen under Williamson County Regional Planning Commission et al. v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) upon disapproval of an initial application or only upon a final, definitive determination of permitted use of property. (2) Whether the procedure set up by the California Supreme Court requiring that all challenges to a subdivision decision be filed within 90 days - and barring later claims - provides an available and adequate state remedy under Williamson for taking claims which do not ripen until later.

Area(s) of Law:
  • Civil Rights § 1983

Jefferson v. United States

1. Whether an application for a search warrant to examine the contents of a cell phone seized incident to an arrest must show more to establish probable cause that evidence of criminal conduct will be found in the cell phone than only an opinion that criminal gang members commonly use cell phones to communicate about their plans 2. Whether the § 924(c) residual clause is unconstitutionally vague

Area(s) of Law:
  • Criminal Law

Kelly v. United States

Whether a public official defrauds the government by citing a traffic study as the purpose of realigning the George Washington Bridge and causing a gridlock when political motives drove the public official’s actions.

Area(s) of Law:
  • Criminal Law

Lucky Brand Dungarees, Inc. V. Marcel Fashions Group, Inc.

Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.

Area(s) of Law:
  • Civil Procedure

Mann v. United States

Whether the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague in light of Johnson v. United States, 135 S. Ct. 2551 (2015) and Sessions v. Dimaya, 138 S. Ct. 1204 (2018).

Area(s) of Law:
  • Criminal Law

Moody v. United States

Whether 18 U.S.C. §924(a) provides for criminal penalties to felons who possess firearms in interstate commerce absent proof that they knew of their felon status, or of the firearm’s movement in interstate commerce?

Area(s) of Law:
  • Criminal Law

Opati v. Republic of Sudan

Whether, consistent with this Court's decision in Republic of Austria v. Altmann, 541 U.S. 677 (2004), the Foreign Sovereign Immunities Act applies retroactively; thereby permitting recovery of punitive damages under 28 U.S.C. § l605A(c) against foreign states for terrorist activities occurring prior to the passage of the current version of the statute

Area(s) of Law:
  • Sovereign Immunity

Reed v. United States

1. Whether the “knowingly” provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a 18 U.S.C. § 922(g) crime 2. Whether expert testimony concerning a defendant’s intellectual disability and mental health conditions – such as Petitioner’s full-scale IQ of 61 and diagnosis of schizophrenia paranoid type – is relevant and admissible to support a justification defense to a § 922(g) crime 3. Whether a mandatory-minimum sentence of 15 years in prison violates the Due Process Clause and the Eighth Amendment, because the sentencing court is afforded no discretion to impose a lower sentence based on the defendant’s intellectual disability and mental health conditions

Area(s) of Law:
  • Criminal Law

Rodriguez v. Federal Deposit Insurance Corp.

Whether courts should determine ownership of a tax refund paid to an affiliated group based on the federal common law “Bob Richards rule,” as three Circuits hold, or based on the law of the relevant State, as four Circuits hold.

Area(s) of Law:
  • Property Law

Rodriguez v. United States

Whether the ‘risk of force’ clause of 18 U.S.C. §924(c)(3)(B) is void for vagueness.

Area(s) of Law:
  • Criminal Law

Romag Fasteners, Inc. v. Fossil, Inc.

Whether, under section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer’s profits for a violation of section 43(a), id. § 1125(a).

Area(s) of Law:
  • Trademarks

Ross, Sec. of Commerce v. California

Whether the district court erred in enjoining the Secretary of Commerce from reinstating a citizenship question to the 2020 decennial census.

Area(s) of Law:
  • Administrative Law

Shular v. United States

Whether the determination of a “serious drug offense” under the Armed Career Criminal Act requires the same categorical approach used in the determination of a “violent felony” under the same statute

Area(s) of Law:
  • Criminal Law

Sperling v. United States of America

Whether 18 U.S.C. § 3583(k) is unconstitutional in violation of the Fifth and Sixth Amendments as held by the Tenth Circuit in United States v. Haymond, 869 F.3d 1153 (10th Cir. 2017).

Area(s) of Law:
  • Constitutional Law

Thole v. U.S. Bank, N.A.

(1) Whether an ERISA plan participant or beneficiary may seek injunctive relief against fiduciary misconduct under 29 U.S.C. § 1132(a)(3) without demonstrating individual financial loss or the imminent risk thereof; (2) whether an ERISA plan participant or beneficiary may seek restoration of plan losses caused by fiduciary breach under 29 U.S.C. § 1132(a)(2) without demonstrating individual financial loss or the imminent risk thereof; and (3) whether petitioners have demonstrated Article III standing.

Area(s) of Law:
  • ERISA

Trump v. NAACP

Whether the Department of Homeland Security’s (DHS) decision to wind down the Deferred Action for Childhood Arrivals (DACA) policy is judicially reviewable. Whether DHS’s decision to wind down the DACA policy is lawful.

Area(s) of Law:
  • Immigration

Ward v. United States

1. Does erroneous advice from trial counsel as stated herein constitute ‘Ineffective assistance of counsel’?” 2. Did the District Court for the Eastern District of Louisiana and the Fifth Circuit Court of Appeals abuse its discretion by not granting Petitioner an evidentiary hearing for Petitioner’s allegation that Petitioner received erroneous advice from trial counsel on the plea phase of trial?

Area(s) of Law:
  • Criminal Procedure

Watkins v. United States

(1) Whether the residual clause in 18 U.S.C. § 924( c)(3)(B) is void for vagueness, a question that divides seven courts of appeals. (2) Whether Hobbs Act conspiracy can automatically be characterized as a categorical crime of violence.

Area(s) of Law:
  • Criminal Law

Kisor v. Wilkie, Secretary of Veterans Affairs

Under the Auer deference doctrine, courts should defer to a government agency’s interpretation of a regulation only where such regulation is ambiguous; unambiguous regulations must be given the effect of their plain meaning.

Area(s) of Law:
  • Administrative Law

Banister v. Davis

Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U. S. 524 (2005).

Area(s) of Law:
  • Criminal Law

Blue Water Navy Vietnam Veterans v. Wilkie, Sec. of VA

Whether this Court Should Grant Certiorari to Resolve an Important Point of Law and a Conflict Between Circuits Concerning Judicial Review of an Interpretive VA Regulation Under the Administrative Procedures Act and Whether It Should Be Foreclosed Under 38 U.S.C. § 502 When the Veterans Judicial Reform Act Provides the Sole Avenue for Review of the Secretary’s Decisions

Area(s) of Law:
  • Administrative Law

Dex Media, Inc. v. Click-To-Call

Whether the American Invents Act, 35 U.S.C. § 314(d), permits appeal of the PTAB’s decision to institute an inter partes review upon finding that the Act's § 315(b) time bar did not apply.

Area(s) of Law:
  • Administrative Law

Georgia v. Public.Resource.Org, Inc.

Whether the government edicts doctrine extends to––and thus renders uncopyrightable––works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated.

Area(s) of Law:
  • Copyright

Gray v. Wilkie, Sec. of VA

Whether the U.S. Court of Appeals for the Federal Circuit has jurisdiction under 38 U.S.C. § 502 to review an interpretive rule reflecting the Department of Veterans Affairs’ definitive interpretation of its own regulation, even if the VA chooses to promulgate that rule through its adjudication manual.

Area(s) of Law:
  • Administrative Law

Guerrero-Lasprilla v. Barr, Att'y Gen.

Whether a request for equitable tolling by a person subject to the criminal alien bar is a factual determination such that judicial review is precluded by 8 U.S.C. §1252(a)(2)(C) or a legal determination such that it is reviewable under §1252(a)(2)(D) as a question of law.

Area(s) of Law:
  • Civil Procedure

Maine Community Health Options v. United States

Whether a congressional intent derived from the legislative history of an appropriations rider can impliedly repeal a statutory payment obligation of the government.

Area(s) of Law:
  • Insurance Law

Klein v. Or. Bureau of Labor and Indus.

Whether Oregon violated the Free Speech and Free Exercise Clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual, in violation of their sincerely held religious beliefs.

Area(s) of Law:
  • Constitutional Law

Richardson v. United States

Whether the First Step Act of 2018 applies to defendants who were sentenced prior to its enactment but whose convictions and sentences remain pending on direct review.

Area(s) of Law:
  • Criminal Procedure

United States v. Herrold

Whether a state offense that criminalizes continued unpermitted presence in a dwelling following the formation of intent to commit a crime has “the basic elements of unlawful * * * remaining in * * * a building or structure, with intent to commit a crime,” Taylor v. United States, 495 U.S. 575, 599 (1990), thereby qualifying as “burglary” under the Armed Career Criminal Act of 1984, 18 U.S.C. 924(e)(2)(B)(ii).

Area(s) of Law:
  • Criminal Law

Atlantic Richfield Co. v. Christian

1. Whether a common-law claim for restoration seeking cleanup remedies that conflict with EPA-ordered remedies is a “challenge” to EPA’s cleanup jurisdictionally barred by § 113 of CERCLA. 2. Whether a landowner at a Superfund site is a “potentially responsible party” that must seek EPA’s approval under CERCLA § 122(e)(6) before engaging in remedial action, even if EPA has never ordered the landowner to pay for a cleanup. 3. Whether CERCLA preempts state common law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.

Area(s) of Law:
  • Environmental Law

Comcast Corp. v. National Assn. of African Am.-Owned Media

Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?

Area(s) of Law:
  • Civil Procedure

Intel Corp. Investment Policy Committee v. Sulyma

“Whether the three-year limitations period in Section 413(2) of the Employee Retirement Income Security Act, 29 U.S.C. 1113(2), which runs from “the earliest date on which the plaintiff had actual knowledge of the breach or violation,” bars suit where all of the relevant information was disclosed to the plaintiff by the defendants more than three years before the plaintiff filed the complaint, but the plaintiff chose not to read or could not recall having read the information.”

Area(s) of Law:
  • ERISA

McKinney v. Arizona

(1) Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted. (2) Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982) requires resentencing.

Area(s) of Law:
  • Constitutional Law

Monasky v. Taglieri

1) Whether a district court’s determination of habitual residence under the Hague Convention should be reviewed de novo, as seven circuits have held, under a deferential version of de novo review, as the First Circuit has held, or under clear-error review, as the Fourth and Sixth Circuits have held. 2) Where an infant is too young to acclimate to her surroundings, whether a subjective agreement between the infant’s parents is necessary to establish her habitual residence under the Hague Convention.

Area(s) of Law:
  • Family Law

Allen v. Cooper, Gov. of NC

Whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749 (1990), in providing remedies for authors of original expression whose federal copyrights are infringed by States.

Area(s) of Law:
  • Copyright

Holguin-Hernandez v. United States

Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant’s sentence.

Area(s) of Law:
  • Criminal Procedure

Retirement Plans Comm. of IBM v. Jander

Whether the“more harm than good” pleading standard set forth in Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014) can be satisfied by generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time.

Area(s) of Law:
  • ERISA

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