United States v. Arthrex, Inc.
No. 19-1434 - Argued March 1, 20211. Are administrative patent judges principal officers who must be appointed by the President with the advice and consent of the Senate, or inferior officers who may be appointed by a department head? 2. If they are principal officers, can they be rendered inferior officers by severing the portion of the Patent Act restricting their removal?
FCC v. Prometheus Radio Project
No. 19-1231 - Argued January 19, 2021Was the Third Circuit’s decision to vacate the Federal Communications Commission’s (FCC) three decisions adopted between 2016–2018 for its review of broadcast ownership rules required by Section 202(h) of the Telecommunications Act of 1996 erroneous under the Administrative Procedure Act?
AMG Capital Management, LLC v. Federal Trade Commission
No. 19-508 - Argued January 13, 2021Whether statutory authorization for the FTC to seek injunctions includes judicial power to grant equitable remedies incident to injunctions, including restitution and disgorgement of ill-gotten gains.
Pham v. Guzman Chavez
No. 19-897 - Argued January 11, 2021Are the respondents—who were subject to reinstated removal orders, but with pending claims for withholding of removal—detained under 8 U.S.C. § 1226 or under 8 U.S.C. § 1231?
Edwards v. Vannoy
No. 19-5807 - Argued December 2, 2020Does the Court’s decision in Ramos v. Louisiana, holding that the Sixth Amendment establishes a right to a unanimous jury in both federal and state courts, apply retroactively to cases on federal collateral review?
Nestlé USA, Inc. v. Doe I
No. 19-416 - Argued December 1, 2020These cases present two issues: First, is the presumption against extraterritorial application of the Alien Tort Statute overcome in cases where a U.S. company conducted oversight of its foreign operations at its headquarters in the United States? Second, is a domestic corporation exempt from liability in a private action under the Alien Tort Statute when it violates international law—in these cases by subjecting children to slavery, forced labor, and human trafficking?
Brownback v. King
No. 19-546 - Argued November 9, 2020Does the judgment bar provision of the Federal Tort Claims Act (FTCA) prevent a plaintiff, whose FTCA claim against the government failed for lack of subject matter jurisdiction, from filing a Bivens action against the same defendants and arising from the same set of facts and injuries?
Fulton v. City of Philadelphia
No. 19-123 - Argued November 4, 20201. To succeed on their free exercise claim, must plaintiffs prove that the government would allow the same conduct by someone who held different religious views, or only provide sufficient evidence that a law is not neutral and generally applicable? 2. Should the Court revisit its decision in Employment Division v. Smith? 3. Does the government violate the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs?
Jones v. Mississippi
No. 18-1259 - Argued November 3, 2020Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.
U.S. Fish and Wildlife Service v. Sierra Club
No. 19-547 - Argued November 2, 2020Does Exemption 5 of the Freedom of Information Act, by incorporating the deliberative process privilege, protect against compelled disclosure of a federal agency’s draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973 and that concerned a proposed agency action that was later modified in the consultation process?