The High Court Report

Oral Argument: Warner Chappell Music, Inc. v. Nealy | Case No. 22-1078 | Date Argued: 2/21/2024 | Date Decided: 5/9/24 Link to Docket: Here . Question Presented: Whether, under the discovery accrual rule applied by the Circuit Courts and the Copyright Act's statute of limitations for civil actions, 17 U.S.C. §507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more t...

Oral Argument: Ohio v. EPA | Case No. 23A349 | Date Argued: 2/21/24 | Date Decided: 6/27/2024 Case consolidated with Kinder Morgan, Inc. v. EPA, Case No. 23A350, American Forest & Paper Assn. v. EPA, Case No. 23A351 and U.S. Steel Corp. v. EPA, Case No. 23A384. Link to Docket: Here . Holding: The enforcement of the Environmental Protection Agency's federal implementation plan against the appli...

Oral Argument: Corner Post, Inc. v. Board of Governors, FRS | Case No. 22-1008 | Date Argued: 2/20/2024 | Date Decided: 7/1/2024 Link to Docket: Here . Background: Petitioner Corner Post, Inc. is a convenience store and truck stop in North Dakota that first opened for business in 2018. In 2021, Corner Post sued the Board of Governors of the Federal Reserve System under the Administrative Procedure...

Oral Argument: Bissonnette v. LePage Bakeries Park St., LLC | Case No. 23-51 | Date Argued: 2/20/24 | Date Decided: 4/12/24 Link to Docket: Here . Background: The Federal Arbitration Act exempts the "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." 9 U.S.C. § 1. The First and Seventh Circuits have held that this exempt...

Oral Argument: Trump v. Anderson | Case No. 23-719 | Date Argued: 2/8/24 | Date Decided: 3/4/24 Link to Docket: Here . Background: The Supreme Court of Colorado held that President Donald J. Trump is disqualified from holding the office of President because he "engaged in insurrection" against the Constitution of the United States-and that he did so after taking an oath "as an officer of the Unite...

Oral Argument: Loper Bright Enterprises v. Raimondo | Case No. 22-451 | Date Argued: 1/17/24 | Date Decided: 6/28/24 Case consolidated with Relentless, Inc. v. Department of Commerce, Case No. 22-1219. Link to Docket: Here . Background: The Magnuson-Stevens Act (MSA) governs fishery management in federal waters and provides that the National Marine Fisheries Service (NMFS) may require vessels to "...

Oral Argument: Relentless, Inc. v. Department of Commerce | Case No. 22-1219 | Date Argued: 1/17/24 | Date Decided: 6/28/24 Link to Docket: Here . Background: The Magnuson-Stevens Act ("MSA'') governs fishery management in federal waters. It states that, with the approval of the Secretary of Commerce, the National Marine Fisheries Service ("NMFS") may require fishing vessels to carry federal obser...

Oral Argument: Devillier v. Texas | Case No. 22-913 | Date Argued: 1/16/24 | Date Decided: 4/16/24 Link to Docket: Here . Background: In First English Evangelical Lutheran Church v. County of Los Angeles, this Court recognized that the Fifth Amendment's Takings Clause was "self-executing" and that "[s]tatutory recognition was not necessary" for claims for just compensation because they "are ground...

Oral Argument: Macquarie Infrastructure Corp. v. Moab Partners, L.P. | Case No. 22-1165 | Date Argued: 1/16/24 | Date Decided: 4/12/24 Link to Docket: Here . Background: Section l0(b) of the Securities Exchange Act of 1934 prohibits deception in connection with the purchase or sale of securities. To that end, SEC Rule l0b-5 declares it unlawful to make an untrue statement or omit a material fact "...

Oral Argument: Smith v. Arizona | Case No. 22-899 | Date Argued: 1/10/24 | Date Decided: 6/21/24 Link to Docket: Here . Question Presented: 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 exp...

Oral Argument: United States Trustee v. John Q. Hammons Fall 2006, LLC | Case No. 22-1238 | Date Argued: 1/9/24 | Date Decided: 6/14/24 Link to Docket: Here . Background: Section 1004(a) of the Bankruptcy Judgeship Act of 2017, Pub. L. No.115-72, Div. B, 131 Stat. 1232 (28 U.S.C. 1930(a)(6)(B) (2018)), amended the schedule of quarterly fees payable to the United States Trustee in certain pending b...

Oral Argument: Sheetz v. County of El Dorado | Case No. 22-1074 | Date Argued: 1/9/24 | Date Decided: 4/12/24 Link to Docket: Here . Background: George Sheetz applied, to the County of El Dorado, California, for a permit to build a modest manufactured house on his property. Pursuant to legislation enacted by the County, and as the condition of obtaining the permit, Mr. Sheetz was required to pay a...

Oral Argument: Campos-Chaves v. Garland | Case No. 22-674 | Date Argued: 1/8/24 | Date Decided: 6/14/24 Host Note: This case was consolidated with Garland v. Singh, Case No. 22-884. Link to Docket: Here . Background: The Immigration and Nationality Act provides that a noncitizen who does not appear at a removal hearing shall be ordered removed in absentia, but only if she was provided "written not...

Oral Argument: FBI v. Fikre | Case No. 22-1178 | Date Decided: 1/8/24 | Date Decided: 3/19/24 Link to Docket: Here . Background: Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. The Fourth and Sixth Circuits have held that an individual's removal from the No Fly List moots a case when the government represents that the individual...

Oral Argument: Muldrow v. St. Louis | Case No. 22-193 | Date Argued: 12/6/23 | Date Decided: 4/17/24 Link to Docket: Here . Background: Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual" with respect to "compensation, terms, conditions, or privileges of employmen...

Oral Argument: Moore v. United States | Case No. 22-800 | Date Argued: 12/5/23 | Date Decided: 6/20/24 Link to Docket: Here . Background: Beginning with Eisner v. Macomber, 252 U.S. 189 (1920), this Court's decisions have uniformly held "income," for Sixteenth Amendment purposes, to require realization by the taxpayer. In the decision below, however, the Ninth Circuit approved taxation of a marrie...

Oral Argument: Harrington v. Purdue Pharma L.P. | Case No. 23-124 | Date Argued: 12/4/23 | Date Decided: 6/27/24 Link to Docket: Here . Question Presented: 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...

Oral Argument: SEC v. Jarkesy | Case No. 22-859 | Date Argued: 11/29/23 | Date Decided: 6/27/24 Link to Docket: Here . Questions Presented: Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment. Whether statutory provisions that authorize the SEC...

Oral Argument: Wilkinson v. Garland | Case No. 22-666 | Date Argued: 11/28/23 | Date Decided: 3/19/24 Link to Docket: Here . Background: Under the Immigration and Nationality Act, the Attorney General has discretion to cancel removal of non-permanent residents who satisfy four eligibility criteria, including "that removal would result in exceptional and extremely unusual hardship" to the applicant...

Oral Argument: McElrath v. Georgia | Case No. 22-721 | Date Argued: 11/28/23 | Date Decided: 2/21/24 Link to Docket: Here . Background: The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge arising from the same facts were logically and legally impossible to reconcile. It called the verdicts "repugnant," va...

Oral Argument: Brown v. United States | Case No. 22-6389 | Date Argued: 11/27/2023 | Date Decided: 5/23/24 Host Note: Case consolidated with Jackson v. United States, Case No. 22-6640. Link to Docket: Here . Background: The Armed Career Criminal Act ("ACCA") provides that felons who possess a firearm are normally subject to a maximum 10-year sentence. But if the felon already has at least three "s...

Oral Argument: Rudisill v. McDonough | Case No. 22-888 | Date Argued: 11/8/23 | Date Decided: 4/16/24 Link to Docket: Here . Question Presented: Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill, 38 U.S.C. § 3001 et seq., and under the Post-9/11 GI Bill, 38 U.S.C. § 3301 et seq., is entitled to receive a total of 48 months of educ...

Oral Argument: United States v. Rahimi | Case No. 22-915 | Date Argued: 11/7/23 | Date Decided: 6/21/24 Link to Docket: Here . Question Presented: Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face. Holding: When an individual has been found by a court to pose a credible threa...

Oral Argument: Department of Agriculture Rural Development Rural Housing Serv. v. Kirtz | Case No. 22-846 | Argument Date: 11/6/23 | Date Decided: 2/8/24 Link to Docket: Here . Question Presented: Whether the civil-liability provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., unequivocally and unambiguously waive the sovereign immunity of the United States. Holding: A consumer may...

Oral Argument: Vidal v. Elster | Case No. 22-704 | Date Argued: 11/1/23 | Date Decided: 6/13/24 Question Presented: Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure. Holding: The Lanham Act's names clause "which prohibits the registration of a mark that "[c]...