List of pending United States Supreme Court cases

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


Case Question Granted cert. Argument date
Azar v. Allina Health Services Was the Department of Health and Human Services required to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare administrative contractor who made initial determinations of payments due under Medicare? September 27, 2018 January 15, 2019
Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be "render[ed]...inadmissible" for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1). April 22, 2019
Bostok v. Clayton County Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination "because" within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. April 22, 2019
Carpenter v. Murphy Do the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an "Indian reservation" today? May 21, 2018 November 27, 2018
Citgo Asphalt Refining v. Frescati Shipping Co. Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship's safety, as the Third Circuit below and the Second Circuit have held, or a duty of due diligence, as the Fifth Circuit has held. April 22, 2019
County of Maui v. Hawaii Wildlife Fund Whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater. February 19, 2019
Department of Commerce v. New York Whether the district court erred in enjoining the Secretary of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the Secretary’s decision violated the Ad-ministrative Procedure Act (APA), 5 U.S.C. 701 et seq. Whether, in an action seeking to set aside agency action under the APA, a district court may order discov-ery outside the administrative record to probe the men-tal processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials—without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis. February 15, 2019 April 23, 2019
Flowers v. Mississippi Whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky in this case. November 2, 2018 March 20, 2019
Food Marketing Institute v. Argus Leader Media Does the statutory term "confidential" in the Freedom of Information Act (FOIA) Exemption 4, bear its ordinary meaning? Or, if it does not, what constitutes "substantial competitive harm" for the purpose of determining whether information falls within FOIA Exemption 4? January 11, 2019 April 22, 2019
Fort Bend County, Texas v. Davis Is Title VII's administrative-exhaustion requirement a jurisdictional prerequisite to suit, as three circuits have held, or a waivable claim-processing rule, as eight circuits have held? January 11, 2019 April 22, 2019
Gamble v. United States Should the "separate sovereigns" exception to the Double Jeopardy Clause be overruled? June 28, 2018 December 5, 2018
Gray v. Wilkie Whether the United States Court of Appeals for the Federal Circuit has jurisdiction under 38 U.S.C. § 502 to review an interpretive rule reflecting the Department of Veteran Affairs' definitive interpretation of its own regulation, even if the VA chooses to promulgate that rule through its adjudication manual. November 2, 2018
Gundy v. United States Does the Sex Offender Notification and Registration Act's delegation of authority to the U.S. Attorney General to issue regulations violate the nondelegation doctrine? March 5, 2018 October 2, 2018
Home Depot U.S.A. Inc. v. Jackson (1) Whether, under the Class Action Fairness Act – which permits "any defendant" in a state-court class action to remove the action to federal court if it satisfies certain jurisdictional requirements – an original defendant to a class-action claim that was originally asserted as a counterclaim against a co-defendant can remove the class action to federal court if it otherwise satisfies the jurisdictional requirements of the Class Action Fairness Act; and (2) whether the Supreme Court's holding in Shamrock Oil & Gas Co. v. Sheets — that an original plaintiff may not remove a counterclaim against it — extends to third-party counterclaim defendants. September 27, 2018 January 15, 2019
Iancu v. Brunetti Does Section 2(a) of the Lanham Act, which prohibits the federal registration of "immoral" or "scandalous" marks, violate the Free Speech Clause of the First Amendment? January 4, 2019 April 15, 2019
Iancu v. Nantkwest, Inc. Whether the phrase "[a]ll the expenses of the proceedings" in 35 U.S.C. § 145 encompasses the personnel expenses the USPTO incurs when its employees, including attorneys, defend the agency in Section 145 litigation. March 4, 2019
Kahler v. Kansas Whether the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense. March 18, 2019
Kansas v. Garcia Whether the Immigration Reform and Control Act impliedly preempts Kansas’s prosecution of respondents. March 18, 2019
Kansas v. Glover Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary. April 1, 2019
Kisor v. Wilkie Should Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), be overruled? December 10, 2018 March 26, 2019
Knick v. Township of Scott, Pennsylvania (1) Will the Court affirm or abrogate its holding in Williamson County Regional Planning Commission v. Hamilton Bank that requires property owners to exhaust state court remedies before bringing federal Takings Clause claims? (2) Does the ripeness doctrine established in Williamson County apply to takings claims that assert that a law is unconstitutional on its face? March 5, 2018 October 3, 2018
Reheard January 13, 2019
Lamone v. Benisek (1) Are the various legal claims articulated by the three-judge district court unmanageable? (2) Did the three-judge district court err when, in granting plaintiffs' motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs' claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as "undisputed" evidence that is the subject of still-unresolved hearsay and other evidentiary objections? (3) Did the three-judge district court abuse its discretion in entering an injunction despite the plaintiffs' years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting?[1] N/A March 26, 2019
Manhattan Community Access Corp. v. Halleck (1) Whether the United States Court of Appeals for the Second Circuit erred in rejecting the Supreme Court's state actor tests and instead creating a per se rule that private operators of public access channels are state actors subject to constitutional liability; and (2) whether the U.S. Court of Appeals for the 2nd Circuit erred in holding — contrary to the U.S. Courts of Appeals for the 6th and District of Columbia Circuits — that private entities operating public access television stations are state actors for constitutional purposes where the state has no control over the private entity's board or operations. October 12, 2018 February 25, 2019
Maryland-National Capital Park and Planning Commission v. American Humanist Association Whether the establishment clause requires the removal or destruction of a 93-year-old memorial to American servicemen who died in World War I solely because the memorial bears the shape of a cross. November 2, 2018 February 27, 2019
Mathena v. Malvo Did the Fourth Circuit err in concluding — in direct conflict with Virginia’s highest court and other courts — that a decision of this Court (Montgomery v. Louisiana) addressing whether a new constitutional rule announced in an earlier decision (Miller v. Alabama) applies retroactively on collateral review may properly be interpreted as modifying and substantively expanding the very rule whose retroactivity was in question? March 18, 2019
McDonough v. Smith Was the Second Circuit correct in holding, contrary to the holdings of a majority of other circuits, that the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when the defendant becomes aware of the tainted evidence and its improper use? January 11, 2019 April 17, 2019
Mitchell v. Wisconsin Does a statute that authorizes a blood draw from an unconscious motorist provide an exception to the Fourth Amendment warrant requirement? January 11, 2019 April 23, 2019
Mont v. United States Whether a period of supervised release for one offense is tolled under 18 U.S.C. § 3624(e) during a period of pretrial confinement that upon conviction is credited toward a defendant's term of imprisonment for another offense. November 2, 2018 February 26, 2019
New York State Rifle & Pistol Association Inc. v. City of New York, New York Whether New York City's ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel. January 22, 2019
Nieves v. Bartlett Does probable cause defeat a First Amendment retaliatory-arrest claim? June 28, 2018 November 26, 2018
North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust Does the Due Process Clause of the Fourteenth Amendment prohibit states from taxing trusts based on trust beneficiaries’ in-state residency? January 11, 2019 April 16, 2019
Parker Drilling Management Services, Ltd. v. Newton Does the Outer Continental Shelf Lands Act permit the application of state law only when there is a gap in the coverage of federal law, or whenever state law pertains to the subject matter of the lawsuit and is not preempted by inconsistent federal law? January 11, 2019 April 16, 2019
PDR Network, LLC v. Carlton & Harris Chiropractic Inc. Whether the Hobbs Act required the district court in this case to accept the Federal Communication Commission's legal interpretation of the Telephone Consumer Protection Act. November 13, 2018 March 25, 2019
Quarles v. United States Does the generic definition of burglary, established by the US Supreme Court in Taylor v. United States, 495 U.S. 575 (1990), require proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, or only that the defendant formed such intent while "remaining in" the building or structure? January 11, 2019 April 24, 2019
Ritzen Group v. Jackson Masonry Whether an order denying a motion for relief from the automatic stay is a final order under 28 U.S.C. § 158(a)(1). May 20, 2019
Rehaif v. United States Does the “knowingly” provision of 18 U.S.C. § 924(a)(2) apply to both the possession and status elements of a § 922(g) crime, or only to the possession element? January 11, 2019 April 23, 2019
Ramos v. Louisiana Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict. March 18, 2019
Return Mail Inc. v. U.S. Postal Service Whether the government is a "person" who may petition to institute review proceedings under the Leahy-Smith America Invents Act. October 26, 2018 February 19, 2019
R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins. April 22, 2019
Rotkiske v. Klemm Whether the "discovery rule" applies to toll the one-year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. February 25, 2019
Rucho v. Common Cause (1) Whether plaintiffs have standing to pursue their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina's 2016 congressional map is an unconstitutional partisan gerrymander. October 3, 2018 March 26, 2019
Smith v. Berryhill Whether the decision of the Appeals Council — the administrative body that hears a claimant's appeal of an adverse decision of an administrative law judge regarding a disability benefit claim — to reject a disability claim on the ground that the claimant's appeal was untimely is a "final decision" subject to judicial review under Section 405(g) of the Social Security Act, 42 U.S.C. § 405(g). November 2, 2018 March 18, 2019
Taggart v. Lorenzen Does the bankruptcy code preclude a finding of civil contempt where a creditor’s believes in good faith that the discharge injunction does not apply? January 4, 2019 April 24, 2019
Tennessee Wine & Spirits Retailers Association v. Byrd Does the 21st Amendment empower states, consistent with the dormant commerce clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or entitles that have resided in-state for a specified time? September 27, 2018 January 16, 2019
The American Legion v. American Humanist Association (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment. November 2, 2018 February 27, 2019
The Dutra Group v. Batterton Are punitive damages available to a seaman in a personal injury lawsuit alleging a breach of the general maritime duty to provide a seaworthy vessel? December 7, 2018 March 26, 2019
United States v. Davis[disambiguation needed] Is the subsection-specific definition of "crime of violence" in 18 U.S.C. § 924(c)(3)(B) — which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime — unconstitutionally vague? January 4, 2019 April 17, 2019
United States v. Haymond Whether the United States Court of Appeals for the Tenth Circuit erred in holding "unconstitutional and unenforceable" the portions of 18 U.S.C. § 3583(k) that required the district court to revoke the respondent's 10-year term of supervised release, and to impose five years of reimprisonment, following its finding by a preponderance of the evidence that the respondent violated the conditions of his release by knowingly possessing child pornography. October 26, 2018 February 26, 2019
Virginia House of Delegates v. Bethune-Hill Whether the district court in this case erred in finding that (1) race predominated over traditional districting factors in the construction of 11 districts, and (2) the Virginia House of Delegates did not satisfy its burden of showing the use of race was narrowly tailored to achieve the compelling state interest of compliance with Section 5 of the Voting Rights Act. September 6, 2018 March 18, 2019
Virginia Uranium, Inc. v. Warren Does the federal Atomic Energy Act preempt a Virginia ban on non-federal uranium mining? May 21, 2018 November 5, 2018

See also[edit]


  1. ^ "Lamone v. Benisek". SCOTUSblog. Retrieved 8 February 2019.