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.

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

October Term 2022 cases

Case	Docket no.	Question(s) presented	Certiorari granted	Oral argument
303 Creative LLC v. Elenis	21-476	Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.	February 22, 2022	December 5, 2022
Abitron Austria GmbH v. Hetronic International, Inc.	21-1043	Whether the court of appeals erred in applying the Lanham Act extraterritorially to petitioners' foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers.	November 4, 2022
Amgen Inc v. Sanofi	21-757	Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to "make and use" the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art "to reach the full scope of claimed embodiments" without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial "'time and effort.'"	November 4, 2022
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith	21-869	Whether a work of art is "transformative" when it conveys a different meaning or message from its source material (as this Court, the Ninth Circuit, and other courts of appeal have held), or whether a court is forbidden from considering the meaning of the accused work where it "recognizably deriv[es] from" its source material (as the Second Circuit has held).	March 28, 2022	October 12, 2022
Ardoin v. Robinson	21-1596	Unusually, the Court treated an application for stay as a cert petition, granted it, but then held the case in abeyance pending the Court's decision in Merrill v. Milligan. Therefore there are no questions presented at this time.	June 28, 2022
Arellano v. McDonough	21-432	(1) Whether the rebuttable presumption of equitable tolling from Irwin v. Department of Veterans Affairs applies to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, whether the government has rebutted that presumption; and (2) Whether, if 38 U.S.C. § 5110(b)(1) is amenable to equitable tolling, this case should be remanded so the agency can consider the particular facts and circumstances in the first instance?	February 22, 2022	October 4, 2022
Arizona v. Navajo Nation	21-1484 22-51	Petition in 21-1484: (1) Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to enjoin the Secretary to develop a plan to meet the Nation’s water needs and manage the mainstream of the LBCR so as not to interfere with that plan, infringe upon this Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California?; and (2) Can the Nation state a cognizable claim for breach of trust consistent with this Court's holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine? Petition in 22-51: Whether the federal government owes the Navajo Nation an affirmative, judicially enforceable fiduciary duty to assess and address the Navajo Nation's need for water from particular sources, in the absence of any substantive source of law that expressly establishes such a duty.	November 4, 2022
Axon Enterprise, Inc. v. Federal Trade Commission	21-86	Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission's structure, procedures, and existence by granting the courts of appeals jurisdiction to "affirm, enforce, modify, or set aside" the Commission's cease-and desist orders.	January 24, 2022	November 7, 2022
Bartenwerfer v. Buckley	21-908	Whether an individual may be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own.	May 2, 2022	December 6, 2022
Bittner v. United States	21-1195	Whether a "violation" under the Bank Secrecy Act is the failure to file an annual FBAR (no matter the number of foreign accounts), or whether there is a separate violation for each individual account that was not properly reported.	June 21, 2022	November 2, 2022
Ciminelli v. United States	21-1170	Whether the 2nd Circuit's "right to control" theory of fraud — which treats the deprivation of complete and accurate information bearing on a person's economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.	June 30, 2022	November 28, 2022
Cruz v. Arizona	21-846	Whether the Arizona Supreme Court's holding that Arizona Rule of Criminal Procedure 32.1(g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment.	March 28, 2022	November 1, 2022
Delaware v. Pennsylvania and Wisconsin	22O145 22O146	(1) Whether MoneyGram Official Checks are "a money order, traveler's check, or other similar written instrument (other than a third party bank check) on which a banking or financial organization or a business association is directly liable," pursuant to 12 U.S.C. § 2503; and (2) Whether the court should command Wisconsin and Pennsylvania not to assert any claim over abandoned and unclaimed property related to MoneyGram Official Checks; and (3) Whether all future sums payable on abandoned MoneyGram Official Checks should be remitted to Delaware?	October 3, 2016	October 3, 2022
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.	22-96	Whether the Puerto Rico Oversight, Management, and Economic Stability Act’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims.	October 3, 2022
Glacier Northwest, Inc. v. Int'l Brotherhood of Teamsters	21-1449	Does the National Labor Relations Act impliedly preempt a state tort claim against a union for intentionally destroying an employer’s property in the course of a labor dispute?	October 3, 2022
Gonzalez v. Google LLC	21-1333	Whether 47 U.S.C. § 230(c)(1) of the Communications Decency Act immunizes interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limits the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information.	October 3, 2022
Haaland v. Brackeen	21-376 21-377 21-378 21-380	Petition in 21-376: (1) Whether various provisions of the Indian Child Welfare Act—namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Section 1915(a) and (b); and the recordkeeping provisions of Sections 1915(e) and 1951(a)—violate the anticommandeering doctrine of the Tenth Amendment; and (2) Whether the individual plaintiffs have Article III standing to challenge ICWA's placement preferences for "other Indian families," 25 U.S.C. 1915(a)(3), and for "Indian foster home[s]," 25 U.S.C. 1915(b)(iii); and (3) Whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection. Petition in 21-377: (1) Did the en banc Fifth Circuit err by invalidating six sets of ICWA provisions-25 U.S.C. §§1912(a), (d), (e)-(f), 1915(a)-(b), (e), and 1951(a)-as impermissibly commandeering States (including via its equally divided affirmance)?; and (2) Did the en banc Fifth Circuit err by reaching the merits of the plaintiffs' claims that ICWA's placement preferences violate equal protection?; and (3) Did the en banc Fifth Circuit err by affirming (via an equally divided court) the district court's judgment invalidating two of ICWA's placement preferences, 25 U.S.C. §1915(a)(3), (b)(iii), as failing to satisfy the rational-basis standard of Morton v. Mancari? Petition in 21-378: (1) Whether Congress has the power under the Indian Commerce Clause or otherwise to enact laws governing state child-custody proceedings merely because the child is or may be an Indian; and (2) Whether the Indian classifications used in ICWA and its implementing regulations violate the Fifth Amendment's equal-protection guarantee; and (3) Whether ICWA and its implementing regulations violate the anticommandeering doctrine by requiring States to implement Congress's child-custody regime; and (4) Whether ICWA and its implementing regulations violate the nondelegation doctrine by allowing individual tribes to alter the placement preferences enacted by Congress. Petition in 21-380: (1) Whether ICWA's placement preferences—which disfavor non-Indian adoptive families in child-placement proceedings involving an "Indian child" and thereby disadvantage those children—discriminate on the basis of race in violation of the U.S. Constitution; and (2) Whether ICWA's placement preferences exceed Congress's Article I authority by invading the arena of child placement—the "virtually exclusive province of the States," Sosna v. Iowa—and otherwise commandeering state courts and state agencies to carry out a federal child-placement program.	February 28, 2022	November 9, 2022
Health and Hospital Corporation of Marion County v. Talevski	21-806	(1) Whether, in light of compelling historical evidence to the contrary, the Supreme Court should reexamine its holding that Spending Clause legislation gives rise to privately enforceable rights under 42 U.S.C. § 1983; and (2) Whether, assuming Spending Clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987's transfer and medication rules do so.	May 2, 2022	November 8, 2022
Helix Energy Solutions Group, Inc. v. Hewitt	21-984	Whether a supervisor making over $200,000 each year is entitled to overtime pay because the standalone regulatory exemption set forth in 29 CFR 541.601 remains subject to the detailed requirements of 29 CFR 541.604 when determining whether highly compensated supervisors are exempt from the Fair Labor Standards Act's overtime-pay requirements.	May 2, 2022	October 12, 2022
In re Grand Jury	21-1397	Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege when obtaining or providing legal advice was one of the significant purposes behind the communication.	October 3, 2022
Jones v. Hendrix	21-857	Whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under 28 U.S.C. § 2241 after the Supreme Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.	May 16, 2022	November 1, 2022
Mallory v. Norfolk Southern Railway Co.	21-1168	Whether the due process clause of the 14th Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state.	April 25, 2022	November 8, 2022
Merrill v. Milligan	21-1086 21-1087	Whether the State of Alabama's 2021 redistricting plan for its seven seats in the United States House of Representatives violated section 2 of the Voting Rights Act, 52 U.S.C. § 10301.	February 7, 2022	October 4, 2022
Moac Mall Holdings LLC v. Transform Holdco LLC	21-1270	Whether Bankruptcy Code Section 363(m) limits the appellate courts' jurisdiction over any sale order or order deemed "integral" to a sale order, such that it is not subject to waiver, and even when a remedy could be fashioned that does not affect the validity of the sale.	June 27, 2022	December 5, 2022
Moore v. Harper	21-1271	Whether a State's judicial branch may nullify the regulations governing the "Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof," U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts' own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a "fair" or "free" election.	June 30, 2022	December 7, 2022
National Pork Producers Council v. Ross	21-468	(1) Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant Commerce Clause, or whether the extraterritoriality principle described in this Court's decisions is now a dead letter; and (2) Whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a Pike claim.	March 28, 2022	October 11, 2022
New York v. New Jersey	22O126	Whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey.	June 21, 2022
Ohio Adjutant General's Department v. Federal Labor Relations Authority	21-1454	Does the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, see 5 U.S.C. § 7105(g), empower it to regulate the labor practices of state militias?	October 3, 2022
Percoco v. United States	21-1158	Whether a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decision making, owes a fiduciary duty to the general public such that he can be convicted of honest-services fraud.	June 30, 2022	November 28, 2022
Perez v. Sturgis Public Schools	21-887	(1) Whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s administrative proceedings under 20 U.S.C. § 1415(I) when such proceedings would be futile; and (2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA	October 3, 2022
Reed v. Goertz	21-442	Whether the statute of limitations for a 42 U.S.C. § 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the 11th Circuit has held), or whether it begins to run at the moment the state trial court denies DNA testing, despite any subsequent appeal (as the 5th Circuit, joining the 7th Circuit, held below).	April 25, 2022	October 11, 2022
Sackett v. Environmental Protection Agency	21-454	Whether the United States Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U.S.C. § 1362(7).	January 24, 2022	October 3, 2022
Santos-Zacharia v. Garland	21-1436	(1) Whether 8 U.S.C. § 1252(d)(1) exhaustion requirement is jurisdictional, or merely a mandatory claims processing rule that may be waived or forfeited; and (2) whether, to satisfy Section 1252(d)(1)'s exhaustion requirement, a noncitizen who challenges a new error introduced by the BIA must first ask the agency to exercise its discretion to reopen or reconsider.	October 3, 2022
SEC v. Cochran	21-1239	Whether a federal district court has jurisdiction to hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks to enjoin that proceeding, based on an alleged constitutional defect in the statutory provisions that govern the removal of the administrative law judge who will conduct the proceeding.	May 16, 2022	November 7, 2022
Students for Fair Admissions v. President and Fellows of Harvard College	20-1199	(1) Whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions; and (2) Whether Harvard College is violating Title VI of the Civil Rights Act by penalizing Asian-American applicants, engaging in racial balancing, overemphasizing race and rejecting workable race-neutral alternatives.	January 24, 2022	October 31, 2022
Students for Fair Admissions v. University of North Carolina	21-707	(1) Whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions; and (2) Whether a university can reject a race-neutral alternative because it would change the composition of the student body, without proving that the alternative would cause a dramatic sacrifice in academic quality or the educational benefits of overall student-body diversity.	January 24, 2022	October 31, 2022
Turkiye Halk Bankasi A.S. v. United States	21-1450	Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act.	October 3, 2022
Twitter, Inc. v. Taamneh	21-1496	(1) Whether a defendant that provides generic, widely available services to all its numerous users and “regularly” works to detect and prevent terrorists from using those services “knowingly” provided substantial assistance under 18 U.S.C. § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use; and (2) whether a defendant whose generic, widely available services were not used in connection with the specific “act of international terrorism” that injured the plaintiff may be liable for aiding and abetting under Section 2333.	October 3, 2022
United States ex rel. Polansky v. Executive Health Resources, Inc.	21-1052	Whether the government has authority to dismiss a False Claims Act suit after initially declining to proceed with the action, and what standard applies if the government has that authority.	June 21, 2022	December 6, 2022
United States v. Texas	22-58	(1) Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security's Guidelines for the Enforcement of Civil Immigration Law; and (2) Whether the Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and (3) Whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to "hold unlawful and set aside" the Guidelines under 5 U.S.C. § 706(2).	July 21, 2022	November 29, 2022
Wilkins v. United States	21-1164	Whether the Quiet Title Act's statute of limitations is a jurisdictional requirement or a claim-processing rule.	June 6, 2022	November 30, 2022

See also

• List of United States Supreme Court cases by the Roberts Court
• 2022 term opinions of the Supreme Court of the United States