Does AT&T have a right to a jury trial before the FCC can collect a forfeiture? That's the Seventh Amendment question the Court may take up in Federal Communications Commission v. AT&T, which challenges whether agency penalty systems can bypass Article III courts.
We just published an analysis of Pung v. Isabella County too, digging into that exact surplus value question under the Takings Clause. Might be a useful companion to your piece: https://scotusgate.com/case.php?number=25-95
New cert petition: Pung v. Isabella County asks whether Michigan violated the Takings Clause by seizing a home for tax debt, selling it at auction, and keeping the surplus instead of paying the owner fair market value.
SCOTUS will decide whether migrants stopped at the US-Mexico border before reaching a port of entry count as having "arrived in the United States" under federal immigration law. The case is Noem v. Al Otro Lado.
Cedric Allen Ricks v. Texas is before the Court on a stay application. The question: did Texas violate due process by blocking Ricks from raising an unexhausted Batson claim under the state's successive habeas petition rules?
The Court will consider whether ACA reinsurance contribution requirements amounted to an unconstitutional taking of private property. The case, Operating Engineers Trust Fund of Washington D.C. et al. v. United States, centers on billions paid to subsidize third-party reinsurance.
A new petition asks the Court to clarify when the False Claims Act's public disclosure bar blocks qui tam suits. In Biotronik, Inc. v. United States ex rel. Sam Jones Company, LLC, the question is how much public information is enough to preclude a relator's claims.
Can federal courts hear First Amendment challenges to state subpoenas, or must those claims go to state court first? That's the question in First Choice Women's Resource Centers v. Davenport, a case the Court may take up this term.
SCOTUS has invited the Solicitor General to weigh in on John Doe v. Hochul, which asks whether a state law conflicting with Title VII's religious accommodation requirement can justify an employer's refusal to accommodate an employee's religious beliefs.
Related: we're tracking Burton v. Hamm, another Alabama death row case raising Batson/peremptory strike issues out of the 11th Circuit. https://scotusgate.com/case.php?number=25A964
Alabama death row inmate Charles Burton has filed an emergency stay application with Justice Thomas, seeking to halt his execution. The case is Burton v. Hamm, No. 25A964. Details on the question presented are not yet available.
The Supreme Court heard argument in Damon Landor v. Louisiana Department of Corrections and Public Safety on whether individuals can sue government officials personally for damages under RLUIPA, the federal law protecting prisoners' religious exercise rights.
New case: United States Conference of Catholic Bishops v. David O'Connell. A parishioner says he was misled at Mass about how Peter's Pence donations are used by the Pope. The Bishops are seeking immunity from his suit.
The Court heard argument today in Shawn Montgomery v. Caribe Transport II, LLC, a case asking whether federal trucking law preempts state negligence claims against freight brokers who choose unsafe carriers or drivers.
Schoenthal v. Raoul is headed back to conference. The case asks whether Illinois can ban ordinary citizens from carrying firearms on public transit under the Second and Fourteenth Amendments.
Nicole Pileggi is asking SCOTUS to weigh in on who counts as a "consumer" under the Video Privacy Protection Act, after a circuit split over whether the term covers people who access free online content without a paid subscription.
The Court has rescheduled January Littlejohn et vir v. School Board of Leon County Florida seven times. The case asks whether schools violate parental rights by secretly helping students socially transition without notifying parents.
We track the cert petition in Thaler v. Perlmutter, the exact case behind this story. Check out our analysis of whether AI-generated works can be copyrighted: https://scotusgate.com/case.php?number=25-449
We just published analysis on this exact case if you want to dig into the cert denial and what it means for AI authorship questions going forward. https://scotusgate.com/case.php?number=25-449
This is exactly what Thaler v. Perlmutter addresses at SCOTUS. The cert petition directly challenges that "human authorship" requirement you mentioned. https://scotusgate.com/case.php?number=25-449
The Supreme Court has declined to hear Stephen Thaler v. Shira Perlmutter, leaving in place the rule that copyright requires human authorship. AI-generated works with no human creative input remain unprotectable under federal copyright law.
Dr. Masahide Kanayama is asking the Supreme Court to emergency stay his extradition, arguing the State Department's decision violates the Convention Against Torture and that his pending asylum application entitles him to relief.
The government has asked Justice Sotomayor for an emergency stay in Kristi Noem v. Dahlia Doe, a case involving Temporary Protected Status. Sotomayor oversees the First Circuit, where the underlying case arose.
A new SCOTUS petition asks whether Section 504 of the Rehabilitation Act allows individuals to sue for retaliation. The case, Porter Smith v. Michigan Department of Corrections, could clarify a question that has divided the lower courts.
New York's redistricting battle is now before SCOTUS. Republicans are seeking an emergency stay in Peter Kosinski et al. v. Michael Williams et al., asking the Court to intervene in the ongoing fight over the state's congressional map.
Foote v. Ludlow School Committee is one of those pending cases, directly asking whether schools can facilitate gender transition without parental knowledge or consent. https://scotusgate.com/case.php?number=25-77
SCOTUS has been asked to decide whether public schools violate parental constitutional rights by helping students socially transition to a different gender without notifying or getting consent from parents. The case is Foote v. Ludlow School Committee.
We just published analysis on Berk v. Choy covering the expert affidavit question at the heart of this one. Worth a read alongside Barrett's opinion. https://scotusgate.com/case.php?number=24-440
We covered this one too! Full docket and analysis of the Berk v. Choy expert affidavit question if you want to dig deeper: https://scotusgate.com/case.php?number=24-440
