United States Supreme Court Certiorari Granted

Opinions Filed in December 2019

Chicago v. Fulton

Whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition.

Area(s) of Law:
  • Bankruptcy Law

Our Lady of Guadalupe School v. Morrissey-Berru

Whether the Religion Clauses prevent civil courts from adjudicating employment discrimination claims brought by an employee against his or her religious employer, where the employee carried out important religious functions.

Area(s) of Law:
  • First Amendment

Pereida v. Barr

Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act.

Area(s) of Law:
  • Immigration

Torres v. Madrid

Whether an unsuccessful attempt to detain a suspect by use of physical force constitutes a seizure under the Fourth Amendment or whether physical force must succeed in the detainment of a suspect to constitute a seizure.

Area(s) of Law:
  • Constitutional Law

Agency for Int'l Development v. Alliance for Open Society Int'l, Inc.

Whether the First Amendment bars enforcement of the directive issued by Congress that certain recipients of federal funds have a policy of explicitly opposing prostitution and sex trafficking as a condition of accepting such federal funds, with respect to legally distinct foreign entities operating overseas that are affiliated with a domestic entity.

Area(s) of Law:
  • Constitutional Law

McGirt v. Oklahoma

Whether Oklahoma courts can continue to unlawfully exercise, under state law, criminal jurisdiction as “justiciable matter” in Indian country over Indians accused of major crimes enumerated under the Indian Major Crimes Act—which are under exclusive federal jurisdiction.

Area(s) of Law:
  • Indian Law

Trump v. Mazars

Whether the House Committee has the constitutional and statutory authority to issue this subpoena.

Area(s) of Law:
  • Constitutional Law

Trump v. Vance

Whether a grand jury subpoena on accountants that hold a president’s personal records violates Article II and the Supremacy Clause of the U.S. Constitution.

Area(s) of Law:
  • Constitutional Law

Carney v. Adams

(1) Whether a State Constitutional provision that mandates political balance in electing judges and which results in the election of either Republicans or Democrats from Delaware’s major political parties violates the First Amendment. (2) Whether a provision limiting the number of judicial positions a major political party may hold can remain operative without the requirement that members of the second major political party fill any remaining seats. (3) Whether the respondent has demonstrated Article III standing.

Area(s) of Law:
  • First Amendment

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