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List of pending United States Supreme Court cases

This is a list of cases before the United States Supreme Court that the Court has agreed to hear and has not yet decided.[1][2][3]

Future argument dates are in parentheses; arguments in these cases have been scheduled, but have not, and potentially may not, take place.

October Term 2024 cases

Case Docket no. Question(s) presented Certiorari granted Oral argument
A. J. T. v. Osseo Area Schools 24-249 Whether the ADA and Rehabilitation Act require children with disabilities to satisfy a uniquely stringent "bad faith or gross misjudgment" standard when seeking relief for discrimination relating to their education. January 17, 2025 April 28, 2025
Ames v. Ohio Department of Youth Services 23-1039 Whether, in addition to pleading the other elements of a federal employment discrimination claim, a plaintiff in a reverse discrimination case – here, a heterosexual woman alleging that she was the victim of discrimination based on her sexual orientation – must also show "background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority." October 4, 2024 February 26, 2025
Barnes v. Felix 23-1239 Whether courts should apply the "moment of the threat" doctrine, which looks only at the narrow window in which a police officer's safety was threatened to determine whether his actions were reasonable, in evaluating claims that police officers used excessive force. October 4, 2024 January 22, 2025
Kennedy v. Braidwood Management, Inc. 24-316 Whether the court of appeals erred in holding that the structure of the U.S. Preventive Services Task Force violates the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the HHS Secretary's supervision. January 10, 2025 April 21, 2025
BLOM Bank SAL v. Honickman 23-1259 Whether Rule 60(b)(6)'s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint. October 4, 2024 March 3, 2025
Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission 24-154 Does a state violate the First Amendment's Religion Clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state's criteria for religious behavior? December 13, 2024 March 31, 2025
CC/Devas Ltd. v. Antrix Corp 23-1201
24-17 		Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act. October 4, 2024 March 3, 2025
Commissioner of Internal Revenue v. Zuch 24-416 Whether a proceeding under 26 U.S.C. § 6330 for a pre-deprivation determination about a levy proposed by the Internal Revenue Service to collect unpaid taxes becomes moot when there is no longer a live dispute over the proposed levy that gave rise to the proceeding. January 10, 2025 April 22, 2025
Diamond Alternative Energy, LLC v. EPA 24-7 Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties. December 13, 2024 April 23, 2025
EPA v. Calumet Shreveport Refining 23-1229 Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency's denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect." October 21, 2024 March 25, 2025
Esteras v. United States 23-7483 Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e) list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release. October 21, 2024 February 25, 2025
FCC v. Consumers' Research 24-354
24-422 		(1) Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the amount that providers must contribute to the Fund; and
(2) whether the Commission violated the nondelegation doctrine by using the Administrator's financial projections in computing universal service contribution rates; and
(3) whether the combination of Congress's conferral of authority on the Commission and the Commission's delegation of administrative responsibilities to the Administrator violates the nondelegation doctrine.; and
(4) whether this case is moot due to the challengers' failure to seek preliminary relief before the Fifth Circuit. 		November 22, 2024 March 26, 2025
FDA v. R.J. Reynolds Vapor Co. 23-1187 Whether a manufacturer may file a petition for review in a circuit (other than the D.C. Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer's products that is located within that circuit. October 4, 2024 January 21, 2025
Free Speech Coalition v. Paxton 23-1122 Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done. July 2, 2024 January 15, 2025
Fuld v. Palestine Liberation Organization 24-20
24-151 		Whether the PSJVTA violates the Fifth Amendment. December 6, 2024 April 1, 2025
Gutierrez v. Saenz 23-7809 Does Article III standing require a particularized determination of whether a specific state official will redress the plaintiff's injury by following a favorable declaratory judgment? October 22, 2024 February 24, 2025
Hewitt v. United States 23-1002
23-1150 		Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the FSA's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA's enactment. July 2, 2024 January 13, 2025
Laboratory Corp. of America Holdings v. Davis 24-304 Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury. January 24, 2025 April 29, 2025
Kerr v. Planned Parenthood South Atlantic 23-1275 Whether the Medicaid Act's any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider. December 18, 2024 April 2, 2025
Kousisis v. United States 23-909 (1) Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme;
(2) whether a sovereign's statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services; and
(3) whether all contract rights are "property." 		June 17, 2024 December 9, 2024
Louisiana v. Callais 24-109
24-110 		(1) Did the majority err in finding that race predominated in the Legislature's enactment of S.B. 8?; and
(2) Did the majority err in finding that S.B. 8 fails strict scrutiny?; and
(3) Did the majority err in subjecting S.B. 8 to the Gingles preconditions?; and
(4) Is this action non-justiciable? 		November 4, 2024 March 24, 2025
Mahmoud v. Taylor 24-297 Do public schools burden parents' religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents' religious convictions and with-out notice or opportunity to opt out? January 17, 2025 April 22, 2025
Martin v. United States 24-362 (1) Whether the Constitution's Supremacy Clause bars claims under the Federal Tort Claims Act when the negligent or wrongful acts of federal employees have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law.
(2) Whether the discretionary-function exception is categorically inapplicable to claims arising under the law enforcement proviso to the intentional torts exception. 		January 27, 2025 April 29, 2025
McLaughlin Chiropractic Associates v. McKesson Corp 23-1226 Whether the Hobbs Act required the district court in this case to accept the Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act. October 4, 2024 January 21, 2025
Nuclear Regulatory Commission v. Texas 23-1300
23-1312 		(1) Whether the Hobbs Act, which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency's statutory authority; and
(2) whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated. 		October 4, 2024 March 5, 2025
Oklahoma Statewide Charter School Board v. Drummond 24-394
24-396 		(1) Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students; and
(2) Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking antiestablishment interests that go further than the Establishment Clause requires. 		January 24, 2025 April 30, 2025
Oklahoma v. EPA 23-1067
23-1068 		Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states. October 21, 2024 March 25, 2025
Parrish v. United States 24-275 Whether a litigant who files a notice of appeal after the ordinary appeal period expires must file a second, duplicative notice after the appeal period is reopened. January 17, 2025 April 21, 2025
Perttu v. Richards 23-1324 In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim? October 4, 2024 February 25, 2025
Riley v. Bondi 23-1270 (1) Whether the 30-day deadline in 8 U.S.C. 1252(b)(1) for filing a petition for review of an order of removal is jurisdictional; and
(2) whether a noncitizen satisfies the deadline in Section 1252(b)(1) by filing a petition for review challenging an agency order denying withholding of removal or protection under the Convention Against Torture within 30 days of the issuance of that order. 		November 4, 2024 March 24, 2025
Rivers v. Lumpkin 23-1345 Whether § 2244(b)(2) applies (i) only to habeas filings made after a prisoner has exhausted appellate review of his first petition, (ii) to all second-in-time habeas filings after final judgment, or (iii) to some second-in-time filings, depending on a prisoner's success on appeal or ability to satisfy a seven-factor test. December 6, 2024 March 31, 2025
Seven County Infrastructure Coalition v. Eagle County 23-975 Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority. June 24, 2024 December 10, 2024
Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos 23-1141 (1) Whether the production and sale of firearms in the United States is the "proximate cause" of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico; and
(2) Whether the production and sale of firearms in the United States amounts to "aiding and abetting" illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked. 		October 4, 2024 March 4, 2025
Soto v. United States 24-320 Given the Federal Circuit's holding that a claim for compensation under 10 U. S. C. §1413a is a claim "involving ... retired pay" under 31 U. S. C. §3702(a)(l)(A), does 10 U. S. C. §1413a provide a settlement mechanism that displaces the default procedures and limitations set forth in the Barring Act? January 17, 2025 April 28, 2025
Stanley v. City of Sanford 23-997 Whether, under the Americans with Disabilities Act, a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job. June 24, 2024 January 13, 2025
Trump v. Casa
Trump v. Washington
Trump v. New Jersey 		24A884
24A885
24A886 		April 17, 2025 (May 15, 2025)
United States v. Skrmetti 23-477 Whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow "a minor to identify with, or live as, a purported identity inconsistent with the minor's sex" or to treat "purported discomfort or distress from a discordance between the minor's sex and asserted identity," violates the equal protection clause of the 14th Amendment. June 24, 2024 December 4, 2024

October Term 2025 cases

Case Docket no. Question(s) presented Certiorari granted Oral argument
Barrett v. United States 24-5774 Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and§ 924(j), a question that divides seven circuits but about which the Solicitor General and Petitioner agree. March 3, 2025
Berk v. Choy 24-440 Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court. March 10, 2025
Bowe v. United States 24-5438 (1) Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255; and
(2) Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255. 		January 17, 2025
Chiles v. Salazar 24-539 Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause. March 10, 2025
Department of Education v. Career Colleges and Schools of Texas 24-413 Whether the court of appeals erred in holding that the Education Act does not permit the assessment of borrower defenses to repayment before default, in administrative proceedings, or on a group basis. January 10, 2025
Ellingburg v. United States 24-482 Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause. April 7, 2025
Hain Celestial Group v. Palmquist 24-724 Whether a district court’s final judgment as to completely diverse parties must be vacated when an appellate court later determines that it erred by dismissing a non-diverse party at the time of removal. April 28, 2025
United States Postal Service v. Konan 24-351 Whether a plaintiff's claim that she and her tenants did not receive mail because Postal Service employees intentionally did not deliver it to a designated address arises out of "the loss" or "miscarriage" of letters or postal matter. 28 U.S.C. 2680(b). April 21, 2025
Villarreal v. Texas 24-557 Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant's testimony during an overnight recess. April 7, 2025

See also

Notes

References

  1. ^ "2022–23 Term". Oyez. Retrieved July 1, 2024.
  2. ^ "Calendars and Lists". www.supremecourt.gov. Retrieved January 8, 2021.
  3. ^ "October Term 2024 Cases for Argument" (PDF). supremecourt.gov. Retrieved June 11, 2024.