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You can see all paid petitions we're following below, organized by petitions relisted for the next conference, those scheduled for initial consideration at the next conference, other featured petitions, and finally, petitions in which the court has called for the views of the solicitor general.

View this list sorted by case name.

Petitions We’re Watching for the Next Conference (28)

Docket Case Page Issue(s)
25-89 Lee v. Poudre School District R-1 Whether a school district may discard the presumption that fit parents act in the best interests of their children and arrogate to itself the right to direct the care, custody, and control of their children.
25-75 Crocs v. Double Diamond Distribution, Ltd. Whether the Lanham Act’s prohibition on “misrepresent[ations]” as to “nature, characteristics, [or] qualities” extends to misrepresentations about the product’s intangible properties, like its patent status.
25-51 Klein v. Martin Whether the U.S. Court of Appeals for the 4th Circuit violated the Antiterrorism and Effective Death Penalty Act’s deferential standard by overturning a state-court decision based on the supposed lack of “nuance” and “exhaustiveness” in the court’s written opinion, rather than the reasonableness of its legal conclusion.
25-4 Marshall v. Cook Whether diversity jurisdiction may be created by having one diverse co-trustee bring the lawsuit, strategically excluding all nondiverse co-trustees as parties, or instead the citizenship of the nondiverse, nonparty co-trustees must be counted because they all are “real parties to the controversy” by virtue of their equally shared powers to hold and manage trust property and to sue and be sued in their own names—which here would destroy diversity.
24-1324 SAP SE v. Teradata Corporation (1) Whether the rule of reason properly governs tying claims under Section 1 of the Sherman Act concerning software products that are technologically integrated—including when, as here, the tied product is sold separately from the tying product; and (2) whether the court’s precedents applying a per se rule to analyze the lawfulness of tying arrangements under Section 1 should be overruled.
24-1266 Jump Trading, LLC v. Patterson Whether, when an arbitration agreement contains a provision delegating to the arbitrator gateway questions of arbitrability, a court must leave for the arbitrator to decide the issue of whether a nonsignatory to that agreement can compel a signatory to arbitrate a dispute between them.
24-1221 Neese v. Kennedy Whether the court should summarily vacate the court of appeals’ judgment under United States v. Munsingwear, Inc., and remand with instructions to dismiss the case.
24-1215 Miniso Depot CA v Liu Whether claims within the scope of an arbitration agreement that are unrelated to sexual assault or sexual harassment should continue to be arbitrated under the Federal Arbitration Act.
24-1202 Doe v. Grindr Inc. (1) Whether Section 230(c)(1) of the Communications Decency Act immunizes apps from liability for their own conduct in marketing and designing defective products and without providing sufficient warnings; (2) whether the following activities traditional publishing functions that justify dismissal on a Federal Rule of Civil Procedure 12(b)(6) motion under Section 230: (a) determining who is offered access to an app, (b) extracting unpublished location data from users, or (c) algorithmically recommending nearby strangers to one another for in-person encounters; and (3) whether a sex hookup app is not liable for trafficking pursuant to 18 U.S.C. § 1591 or 18 U.S.C. § 1595 even if it knowingly profits from intentionally marketing to children and recommending them to nearby adults for sex.
24-1168 M.D. v. Abbott (1) Whether civil contempt sanctions imposed through proceedings that undisputedly comported with civil due process may be affirmed even if the contempt order seemingly also imposed punitive sanctions; (2) whether the defense of “substantial compliance” involves more than a mathematical inquiry and instead requires alleged civil contemnors to show they took “all reasonable steps” to comply with the clear intent of pertinent court orders; and (3) whether a court of appeals should consider whether opinions expressed by a district judge were properly formed during the course of litigation and should give significant weight to the resulting waste and duplication of judicial effort before taking the extraordinary step of removing a diligent district judge from a complex case.
24-1161 RunItOneTime LLC v. U.S. Whether Federal Rule of Civil Procedure 19 requires dismissal of Administrative Procedure Act suits challenging federal agency action whenever a nonparty who benefited from that action asserts sovereign immunity.
24-1159 Pitts v. Mississippi Whether the confrontation clause of the Sixth Amendment permits the use of a screen at trial that blocks a child witness’s view of the defendant, without any individualized finding by the trial court that the screen is necessary to prevent trauma to the child.
24-1145 Live Nation Entm't v. Heckman (1) Whether the Federal Arbitration Act protects all arbitration agreements or only a subset of traditional, bilateral arbitration agreements that the act’s drafters specifically envisioned; and (2) whether the FAA preempts California’s severability doctrine because it specifically targets and disproportionately invalidates arbitration agreements.
24-1107 Peoples v. Cook County, Illinois Whether the Eighth Amendment to the Constitution provides the sort of explicit textual source of constitutional protection for overdetention such that the Eighth Amendment, not substantive due process, must be the exclusive guide for analyzing claims of unconstitutional overdetention.
24-1093 Mumford v. Iowa Whether a dog sniff of the interior of a lawfully stopped vehicle violates the Fourth Amendment to the Constitution absent consent to the sniff or probable cause to believe that the vehicle contains illegal drugs.
24-1092 Mungo Homes, LLC v. Huskins Whether the South Carolina Supreme Court erred in applying a severability rule that disfavors arbitration and by creating a state-specific public policy defense to arbitration that conflicts with the Federal Arbitration Act, such that enforcement of arbitration agreements in the state now turns on whether enforcement is sought in state or federal court.
24-1078 Beck v. U.S. (1) Whether Feres v. United States’s bar against a servicemember’s ability to bring tort claims “incident to service” is only triggered when the injury was directly caused by the servicemember’s military duties or orders; and (2) whether the court should limit or overrule Feres because its limitation on servicemembers has no basis in the Federal Tort Claims Act's text and is unworkable.
24-1073 Maxwell v. U.S. Whether, under Santobello v. New York and common principles of contract interpretation, promise on behalf of the “United States” or the “Government” that is made by a U.S. Attorney in one district binds federal prosecutors in other districts.
24-1063 Hunter v. U.S. (1) Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum; and (2) whether an appeal waiver applies when the sentencing judge advises the defendant that he has a right to appeal and the government does not object.
24-1061 Project Veritas v. Vasquez (1) Whether the U.S. Court of Appeals for the 9th Circuit erred by holding that Oregon’s prohibition of unannounced recordings – which expressly exempts recordings of police activity and discussions during certain felonies – is content-neutral and thus subject only to intermediate scrutiny; and (2) whether, even if Oregon’s law is content-neutral, it fails intermediate scrutiny because it restricts unannounced audio recording in wholly public settings where privacy interests are minimal or nonexistent.
24-1050 Estate of Te’Juan Johnson v. Rakes (1) Whether a theory of liability under the 14th Amendment to the Constitution based on “state-created danger” is incompatible with the purpose of the due process clause of that Amendment “to protect the people from the State, not to ensure that the State protect[s] them from each other"; (2) whether, if a theory of liability under the 14th Amendment based on “state-created danger” exists consistent with the purpose of the due process clause, a police officer who misrepresents to an individual that a threatening person will be confined thereby assumes an affirmative constitutional duty to protect that individual from harm; and (3) whether a police officer who misrepresents to an individual that a threatening person will be confined is entitled to qualified immunity in the absence of clearly established law that he thereby assumed an affirmative obligation under the due process clause to protect that individual from harm.
24-1027 Invenergy Thermal LLC v. Sixkiller (1) Whether the court’s decision in General Motors Corp. v. Tracy immunizes state laws affecting utilities from challenge under the dormant commerce clause, even when those laws affect competitive markets; and (2) whether alleging interstate and market-wide consequences of a state law, including a protectionist effect, adequately alleges a burden on interstate commerce.
24-1022 Hutson v. U.S. Whether a state or local official who moves to terminate prospective relief under 18 U.S.C. § 3626(b)(1)(A) bears any affirmative burden beyond demonstrating that the requisite amount of time has passed.
24-1015 Does 1-2 v. Hochul (1) Whether compliance with state laws directly contrary to Title VII of the Civil Rights Act of 1964’s requirement to provide a reasonable accommodation for religious beliefs may serve as an undue hardship justifying an employer’s noncompliance with Title VII; and (2) whether a state law that requires employers to deny without any consideration all requests by employees for a religious accommodation, contrary to Title VII’s religious nondiscrimination provision, is preempted by Title VII and the Supremacy Clause of the Constitution.
24-1001 Cotter Corporation v. Mazzocchio Whether federal nuclear safety regulations preempt state tort standards of care in public liability actions.
24-948 Guerrero v. Redd Whether, under United States v. Munsingwear, Inc., a court of appeals’ decision should be vacated because the appeal became moot by happenstance while a petition for rehearing was pending, or instead can be left in place because further review is discretionary.
24-935 Flower Foods v. Brock Whether workers who deliver locally goods that travel in interstate commerce — but who do not transport the goods across borders nor interact with vehicles that cross borders — are “transportation workers” “engaged in foreign or interstate commerce” for purposes of the exemption in Section 1 of the Federal Arbitration Act.
24-796 Missouri v. U.S. (1) Whether federal courts can second-guess a state"s "reason" for exercising 10th Amendment authority; (2) whether the federal Constitution prohibits states from exercising 10th Amendment authority when motivated by a concern that a federal statute is unconstitutional; and (3) whether a state official is a proper defendant under Ex parte Young simply because the official is regulated by a statute, or instead the official also needs to possess authority to enforce the challenged law.

Featured Petitions (36)

Docket Case Page Issue(s)
25-243 Allen v. Caster (1) Whether Section 2 of the Voting Rights Act requires Alabama to create a new majority-Black district; (2) Whether creating a new majority-Black district would violate the 14th or 15th Amendments; and (3) Whether Section 2 creates a privately enforceable right
25-89 Lee v. Poudre School District R-1 Whether a school district may discard the presumption that fit parents act in the best interests of their children and arrogate to itself the right to direct the care, custody, and control of their children.
25-75 Crocs v. Double Diamond Distribution, Ltd. Whether the Lanham Act’s prohibition on “misrepresent[ations]” as to “nature, characteristics, [or] qualities” extends to misrepresentations about the product’s intangible properties, like its patent status.
25-51 Klein v. Martin Whether the U.S. Court of Appeals for the 4th Circuit violated the Antiterrorism and Effective Death Penalty Act’s deferential standard by overturning a state-court decision based on the supposed lack of “nuance” and “exhaustiveness” in the court’s written opinion, rather than the reasonableness of its legal conclusion.
25-4 Marshall v. Cook Whether diversity jurisdiction may be created by having one diverse co-trustee bring the lawsuit, strategically excluding all nondiverse co-trustees as parties, or instead the citizenship of the nondiverse, nonparty co-trustees must be counted because they all are “real parties to the controversy” by virtue of their equally shared powers to hold and manage trust property and to sue and be sued in their own names—which here would destroy diversity.
24-1324 SAP SE v. Teradata Corporation (1) Whether the rule of reason properly governs tying claims under Section 1 of the Sherman Act concerning software products that are technologically integrated—including when, as here, the tied product is sold separately from the tying product; and (2) whether the court’s precedents applying a per se rule to analyze the lawfulness of tying arrangements under Section 1 should be overruled.
24-1268 Reed v. Goertz Whether Article 64 of the Texas Code of Criminal Procedure, as authoritatively construed by the Texas Court of Criminal Appeals, violates due process by arbitrarily denying prisoners access to postconviction DNA testing, rendering illusory prisoners’ state-created right to prove their innocence through newly discovered evidence.
24-1266 Jump Trading, LLC v. Patterson Whether, when an arbitration agreement contains a provision delegating to the arbitrator gateway questions of arbitrability, a court must leave for the arbitrator to decide the issue of whether a nonsignatory to that agreement can compel a signatory to arbitrate a dispute between them.
24-1261 Cambridge Christian School v. Florida High School Athletic Association (1) Whether Santa Fe Independent School District v. Doe compels a finding of government speech where two private Christian schools sought to engage in communal prayer over a loudspeaker before a football game organized by a state athletic association that otherwise permitted a wide array of private speech over the loudspeaker, and should therefore be overruled in light of this court’s later holdings; and (2) whether the endorsement factor of the government-speech doctrine revives the “endorsement test offshoot” of Lemon v. Kurtzman that “this Court long ago abandoned,” by providing a special veto for a private party’s religious speech on any government owned platform.
24-1221 Neese v. Kennedy Whether the court should summarily vacate the court of appeals’ judgment under United States v. Munsingwear, Inc., and remand with instructions to dismiss the case.
24-1215 Miniso Depot CA v Liu Whether claims within the scope of an arbitration agreement that are unrelated to sexual assault or sexual harassment should continue to be arbitrated under the Federal Arbitration Act.
24-1202 Doe v. Grindr Inc. (1) Whether Section 230(c)(1) of the Communications Decency Act immunizes apps from liability for their own conduct in marketing and designing defective products and without providing sufficient warnings; (2) whether the following activities traditional publishing functions that justify dismissal on a Federal Rule of Civil Procedure 12(b)(6) motion under Section 230: (a) determining who is offered access to an app, (b) extracting unpublished location data from users, or (c) algorithmically recommending nearby strangers to one another for in-person encounters; and (3) whether a sex hookup app is not liable for trafficking pursuant to 18 U.S.C. § 1591 or 18 U.S.C. § 1595 even if it knowingly profits from intentionally marketing to children and recommending them to nearby adults for sex.
24-1168 M.D. v. Abbott (1) Whether civil contempt sanctions imposed through proceedings that undisputedly comported with civil due process may be affirmed even if the contempt order seemingly also imposed punitive sanctions; (2) whether the defense of “substantial compliance” involves more than a mathematical inquiry and instead requires alleged civil contemnors to show they took “all reasonable steps” to comply with the clear intent of pertinent court orders; and (3) whether a court of appeals should consider whether opinions expressed by a district judge were properly formed during the course of litigation and should give significant weight to the resulting waste and duplication of judicial effort before taking the extraordinary step of removing a diligent district judge from a complex case.
24-1161 RunItOneTime LLC v. U.S. Whether Federal Rule of Civil Procedure 19 requires dismissal of Administrative Procedure Act suits challenging federal agency action whenever a nonparty who benefited from that action asserts sovereign immunity.
24-1159 Pitts v. Mississippi Whether the confrontation clause of the Sixth Amendment permits the use of a screen at trial that blocks a child witness’s view of the defendant, without any individualized finding by the trial court that the screen is necessary to prevent trauma to the child.
24-1145 Live Nation Entm't v. Heckman (1) Whether the Federal Arbitration Act protects all arbitration agreements or only a subset of traditional, bilateral arbitration agreements that the act’s drafters specifically envisioned; and (2) whether the FAA preempts California’s severability doctrine because it specifically targets and disproportionately invalidates arbitration agreements.
24-1107 Peoples v. Cook County, Illinois Whether the Eighth Amendment to the Constitution provides the sort of explicit textual source of constitutional protection for overdetention such that the Eighth Amendment, not substantive due process, must be the exclusive guide for analyzing claims of unconstitutional overdetention.
24-1099 Smith v. Scott (1) Whether, viewing the facts from the officers’ perspective at the time, the officers acted reasonably under the Fourth Amendment by using bodyweight pressure to restrain a potentially armed and actively resisting individual only until handcuffing could be accomplished; and (2) whether the panel erred in denying qualified immunity where no case clearly established that pre-handcuffing bodyweight pressure violates the Fourth Amendment.
24-1095 Koetter v. Manistee County Treasurer (1) Whether the government violates the due process clause of the 14th Amendment or takings clause of the 5th Amendment by denying just compensation to property owners who miss a narrow and premature window to preserve their right to just compensation; and (2) whether, to the extent it authorizes Michigan’s confiscatory claim statute, the Supreme Court should overrule Nelson v. City of New York.
24-1093 Mumford v. Iowa Whether a dog sniff of the interior of a lawfully stopped vehicle violates the Fourth Amendment to the Constitution absent consent to the sniff or probable cause to believe that the vehicle contains illegal drugs.
24-1092 Mungo Homes, LLC v. Huskins Whether the South Carolina Supreme Court erred in applying a severability rule that disfavors arbitration and by creating a state-specific public policy defense to arbitration that conflicts with the Federal Arbitration Act, such that enforcement of arbitration agreements in the state now turns on whether enforcement is sought in state or federal court.
24-1084 Hohn v. U.S. Whether a prosecutor’s intentional, unjustified intrusion into a defendant’s attorney-client communications violates the Sixth Amendment to the Constitution without a showing of discrete, trial-specific prejudice.
24-1078 Beck v. U.S. (1) Whether Feres v. United States’s bar against a servicemember’s ability to bring tort claims “incident to service” is only triggered when the injury was directly caused by the servicemember’s military duties or orders; and (2) whether the court should limit or overrule Feres because its limitation on servicemembers has no basis in the Federal Tort Claims Act's text and is unworkable.
24-1073 Maxwell v. U.S. Whether, under Santobello v. New York and common principles of contract interpretation, promise on behalf of the “United States” or the “Government” that is made by a U.S. Attorney in one district binds federal prosecutors in other districts.
24-1063 Hunter v. U.S. (1) Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum; and (2) whether an appeal waiver applies when the sentencing judge advises the defendant that he has a right to appeal and the government does not object.
24-1061 Project Veritas v. Vasquez (1) Whether the U.S. Court of Appeals for the 9th Circuit erred by holding that Oregon’s prohibition of unannounced recordings – which expressly exempts recordings of police activity and discussions during certain felonies – is content-neutral and thus subject only to intermediate scrutiny; and (2) whether, even if Oregon’s law is content-neutral, it fails intermediate scrutiny because it restricts unannounced audio recording in wholly public settings where privacy interests are minimal or nonexistent.
24-1050 Estate of Te’Juan Johnson v. Rakes (1) Whether a theory of liability under the 14th Amendment to the Constitution based on “state-created danger” is incompatible with the purpose of the due process clause of that Amendment “to protect the people from the State, not to ensure that the State protect[s] them from each other"; (2) whether, if a theory of liability under the 14th Amendment based on “state-created danger” exists consistent with the purpose of the due process clause, a police officer who misrepresents to an individual that a threatening person will be confined thereby assumes an affirmative constitutional duty to protect that individual from harm; and (3) whether a police officer who misrepresents to an individual that a threatening person will be confined is entitled to qualified immunity in the absence of clearly established law that he thereby assumed an affirmative obligation under the due process clause to protect that individual from harm.
24-1027 Invenergy Thermal LLC v. Sixkiller (1) Whether the court’s decision in General Motors Corp. v. Tracy immunizes state laws affecting utilities from challenge under the dormant commerce clause, even when those laws affect competitive markets; and (2) whether alleging interstate and market-wide consequences of a state law, including a protectionist effect, adequately alleges a burden on interstate commerce.
24-1022 Hutson v. U.S. Whether a state or local official who moves to terminate prospective relief under 18 U.S.C. § 3626(b)(1)(A) bears any affirmative burden beyond demonstrating that the requisite amount of time has passed.
24-1015 Does 1-2 v. Hochul (1) Whether compliance with state laws directly contrary to Title VII of the Civil Rights Act of 1964’s requirement to provide a reasonable accommodation for religious beliefs may serve as an undue hardship justifying an employer’s noncompliance with Title VII; and (2) whether a state law that requires employers to deny without any consideration all requests by employees for a religious accommodation, contrary to Title VII’s religious nondiscrimination provision, is preempted by Title VII and the Supremacy Clause of the Constitution.
24-1001 Cotter Corporation v. Mazzocchio Whether federal nuclear safety regulations preempt state tort standards of care in public liability actions.
24-994 National Basketball Association v. Salazar (1) Whether a consumer claiming that he was harmed by disclosure of his personal information must plead that his information was revealed to the public to establish standing under Article III of the Constitution, or instead the consumer need only plead that his information was disclosed to any third party without his consent; and (2) whether the Video Privacy Protection Act bars a business from disclosing information about consumers who do not subscribe to its audiovisual goods or services.
24-969 Community Financial Services Association of America, Limited v. Consumer Financial Protection Bureau Whether, in order to obtain judicial relief, a party challenging governmental action taken by an individual who remained in office against the president’s wishes due to an unconstitutional removal restriction must show that a hypothetical replacement officer would have taken a different action.
24-948 Guerrero v. Redd Whether, under United States v. Munsingwear, Inc., a court of appeals’ decision should be vacated because the appeal became moot by happenstance while a petition for rehearing was pending, or instead can be left in place because further review is discretionary.
24-935 Flower Foods v. Brock Whether workers who deliver locally goods that travel in interstate commerce — but who do not transport the goods across borders nor interact with vehicles that cross borders — are “transportation workers” “engaged in foreign or interstate commerce” for purposes of the exemption in Section 1 of the Federal Arbitration Act.
24-796 Missouri v. U.S. (1) Whether federal courts can second-guess a state"s "reason" for exercising 10th Amendment authority; (2) whether the federal Constitution prohibits states from exercising 10th Amendment authority when motivated by a concern that a federal statute is unconstitutional; and (3) whether a state official is a proper defendant under Ex parte Young simply because the official is regulated by a statute, or instead the official also needs to possess authority to enforce the challenged law.

Calls for the Views of the Solicitor General (7)

Docket Case Page Issue(s)
24-1068 Monsanto Company v. Durnell Whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts a state-law failure-to-warn claim when the Environmental Protection Agency has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval.
24-1030 Parker-Hannifin Corporation v. Johnson Whether pleading an imprudent-investment claim under the Employee Retirement Income Security Act, based on how the investment’s returns compared to some performance benchmark, requires allegations showing that the benchmark is a sound basis for comparison for that investment.
24-917 Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC Whether a plaintiff can prevail on a monopolization claim under Section 2 of the Sherman Act by aggregating multiple distinct, independently lawful acts into an unlawful whole.
24-909 Agudas Chasidei Chabad of U.S. v. Russian Federation Whether a “foreign state” lacks immunity from U.S. jurisdiction under the Foreign Sovereign Immunities Act if either U.S.-nexus test in 28 U.S.C. § 1605(a)(3) is met, or instead a “foreign state” loses its immunity only if the first U.S.-nexus test is met—i.e., if the expropriated property, or property exchanged for it, is found in the United States.
24-889 Hikma Pharmaceuticals USA Inc. v. Amarin Pharma (1) Whether, when a generic drug label fully carves out a patented use, allegations that the generic drugmaker calls its product a “generic version” and cites public information about the branded drug (e.g., sales) are enough to plead induced infringement of the patented use; and (2) whether a complaint states a claim for induced infringement of a patented method if it does not allege any instruction or other statement by the defendant that encourages, or even mentions, the patented use.
24-856 Cisco Systems v. Doe I (1) Whether the Alien Tort Statute allows a judicially-implied private right of action for aiding and abetting; (2) whether, if ATS aiding-and-abetting claims are cognizable, mere knowledge rather than purpose suffices to show the requisite mens rea; and (3) whether the Torture Victim Protection Act allows a judicially-implied private right of action for aiding and abetting.
24-620 Pizarro v. The Home Depot Whether, consistent with trust law, burden-shifting applies to the element of causation under 29 U.S.C. § 1109(a).