SCOTUSGate

SCOTUSGate

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Tracking new Supreme Court petitions. Currently a work in progress. From @denniscrouch.bsky.social.

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Massachusetts has waived its right to respond in Recchia v. Campbell, the AR-15 ban case now before the Court. The petition asks whether the Second Amendment protects semiautomatic rifles similar to those carried by regular infantry. Case No. 26-541.

scotusgate.comMassachusetts Waives Response in AR-15 Ban Challenge Reaching the CourtMassachusetts has waived its right to respond to a cert petition challenging its assault weapons law, teeing up a potential Second Amendment showdown over AR-15-style rifles.

Daniel Defense v. Lowy asks whether Article III traceability can rest on speech the shooter never even saw. The case tests how far plaintiffs can stretch causation to keep a claim alive. We break down what the Court is really being asked to decide.

scotusgate.comDaniel Defense v. Lowy: Tracing Harm From Speech No One SawThe Court will weigh whether Article III traceability can rest on speech the shooter never allegedly viewed, a question with stakes for gun marketing suits and online speech liability.

The Supreme Court will review Arkansas's wet-signature rule for voter registration. At issue: whether requiring an original signature on registration forms violates the Materiality Provision of federal voting rights law. Cole Jester v. Get Loud Arkansas, No. 26-536.

scotusgate.comArkansas's Wet-Signature Rule Heads to the Supreme CourtArkansas asks the Court to decide whether requiring a physical signature on voter-registration forms violates the federal Materiality Provision.

The Court denied cert in A.A. v. Mast without comment, leaving unanswered whether nonparent caretakers have a due process right to a hearing before losing a child to adoption. The question of what process is owed remains unsettled for now.

scotusgate.comDenied Without Comment: A.A. v. Mast and the Limits of Caretaker Due ProcessThe Court declined to hear a dispute over whether nonparent caretakers have a due process right to notice before an adoption permanently removes a child from their care.

The Court is calling for the Solicitor General's views in Saadeh v. New Jersey State Bar Association. At issue: whether a bar group's race-based leadership set-asides, illegal under state law, get First Amendment cover because they help the group "express" itself.

scotusgate.comSaadeh v. NJ Bar: Court Seeks U.S. Views on Diversity Set-AsidesThe Court invited the Solicitor General to weigh in on whether the First Amendment shields a bar association's minority leadership set-asides from state antidiscrimination law.

The Court is calling for the Solicitor General's views in Pennsylvania v. Eakin, a case asking whether requiring mail-in voters to handwrite a date on their ballot envelope violates the First or Fourteenth Amendment. No argument date yet.

scotusgate.comCourt Invites SG Views in Pennsylvania Mail-In Ballot Date CaseThe Supreme Court asked the Solicitor General to weigh in on Pennsylvania's ballot date requirement, a signal the justices see the case as worth serious attention.

The Court keeps relisting National Association for Gun Rights v. Lamont without action. At issue: Connecticut's ban on AR-15-style rifles and magazines over ten rounds. No word yet on whether the justices will take up the Second Amendment challenge.

scotusgate.comGun Rights Case Against Connecticut Lingers Through Repeated ConferencesThe Court has relisted National Association for Gun Rights v. Lamont across at least eight conferences, with supplemental briefing from Connecticut filed in late April.

An emergency application in K.M.K. v. WIAA asks the Court to weigh in on Washington's policy letting students compete under their gender identity. The case tests whether the rule runs afoul of Title IX and the Due Process Clause for female athletes.

scotusgate.comK.M.K. v. WIAA: Emergency Application Tests Title IX Sports PolicyA high school athlete asks the Supreme Court to block Washington's transgender athletics policy, drawing in state officials, amici, and a response ordered by Justice Kagan.

Apple v. Epic returns to the Court, this time over contempt. Can a party be held in civil contempt for violating an injunction's "spirit" when the order itself is silent on the conduct at issue? New analysis on the equitable limits at stake.

scotusgate.comApple v. Epic: A Contempt Fight Tests the Limits of Injunctive PowerThe Supreme Court will decide whether courts can enforce an injunction's "spirit," as the United States and ten amici weigh in on Apple's contempt dispute with Epic Games.

The Air Force wants the Court to decide whether submitting a RCRA permit renewal application counts as "final agency action" under the APA. Department of the Air Force v. Prutehi Guahan also tests NEPA's reach over hazardous waste decisions in Guam.

scotusgate.comGuam Hazardous Waste Dispute Tests Reach of NEPA and the APAThe Court will decide whether submitting a RCRA permit renewal is reviewable "final agency action" and whether NEPA review must precede it, in a case arising from Air Force activity on Guam.

The Court is calling for the Solicitor General's views in Bird v. Iowa Migrant Movement for Justice, a fight over Iowa's state law criminalizing illegal reentry. At issue: does SF2340 run afoul of federal preemption in immigration enforcement.

scotusgate.comCourt Seeks SG’s View in Iowa’s Immigration Preemption FightThe Court’s CVSG order in Bird v. Iowa Migrant Movement for Justice signals it wants federal input before resolving a state immigration preemption dispute.

The Court heard arguments in Suncor v. Boulder County, weighing whether federal law blocks state-law tort claims over climate harms from interstate and global greenhouse gas emissions. The outcome could shape the fate of similar climate suits nationwide.

scotusgate.comSuncor v. Boulder County: Oral Argument Tests Climate Tort PreemptionThe Supreme Court heard argument on whether federal law bars state-law climate damages suits, with the Solicitor General weighing in for petitioners.

The Court declined to review D.A. v. Tri County Area Schools, leaving in place a ruling against a student punished for wearing "Let's Go Brandon" apparel. The case asked whether the phrase counts as profane speech schools can restrict under Bethel, or protected speech under Tinker.

scotusgate.comCourt Denies Review of "Let's Go Brandon" Student Speech CaseThe Supreme Court declined to resolve a circuit split over how far Fraser's profanity exception stretches to nondisruptive political apparel in schools.

Hawaii is asking for more time to respond in Public Interest Legal Foundation v. Nago, a case over NVRA voter registration records requirements. The Court has yet to act. Case No. 26-98 stays on the watch list while the extension request is pending.

scotusgate.comHawaii Seeks More Time as NVRA Records Case Awaits Court ActionHawaii's extension request delays briefing in a circuit-split case over whether statewide voter rolls count as public records under the NVRA.

John Eastman's disbarment case is drawing significant amicus attention ahead of conference. The question: can a state bar discipline an attorney for legal advice and advocacy given to a client in a politically charged dispute. Eastman v. State Bar of California, No. 26-336.

scotusgate.comEastman's Disbarment Petition Draws Heavy Amicus Interest Ahead of ConferenceEleven amicus briefs and distribution for the November 6 conference signal that Eastman v. State Bar of California has become a vehicle for testing First Amendment limits on attorney discipline.

The Solicitor General has filed against recognizing a Bivens claim in Nielsen v. Watanabe, urging the Court to rein in the Ninth Circuit's approach. The case asks whether federal officers can be sued directly under the Constitution for alleged misconduct.

scotusgate.comNielsen v. Watanabe: The Solicitor General Weighs In Against BivensThe Solicitor General's October 13 motion to share oral argument time signals how much the federal government wants to narrow Bivens remedies in this prison conditions case.

The amicus lineup in Perez v. San Antonio is stacked. At issue: can courts second-guess a believer's own understanding of what their faith requires? The case tests how much deference RFRA actually gives to sincere religious claims.

scotusgate.comPerez v. San Antonio: A Crowded Amici Docket Signals High Stakes for RFRAA flood of amicus briefs from Indigenous, Jewish, Catholic, and Sikh groups reveals the broad stakes in a dispute over sincere religious burdens and government justification.

Chichester School District wants the Court to settle a split on IDEA exhaustion: can parents pursue FAPE denial and compensatory education claims in district court while administrative proceedings are still pending? The cert petition frames it as a first-impression question.

scotusgate.comChichester School District Asks Court to Clarify IDEA Exhaustion RulesA Pennsylvania school district's cert petition raises first-impression questions about IDEA exhaustion, compensatory education standards, and residential placement orders.

Salazar v. Paramount asks the Supreme Court to define "consumer" under the Video Privacy Protection Act. Does the law cover all goods or services from a provider, or only audiovisual ones? The answer could reshape who can sue over shared viewing data.

scotusgate.comSalazar v. Paramount: Defining "Consumer" Under the Video Privacy Protection ActThe Court heard argument on whether the VPPA's "consumer" definition covers all goods or services from a video provider, or only its audiovisual offerings.

Association for Education Fairness v. Montgomery County Board of Education heads to conference after a heavy round of amicus filings. The question: must plaintiffs prove disparate impact before courts can even weigh evidence of discriminatory intent behind neutral admissions criteria?

scotusgate.comTJ Admissions Case Heads to Conference After Dense Amicus Filing RoundThe Court will consider Association for Education Fairness v. Montgomery County at its October 16 conference, with five amicus briefs testing how Arlington Heights applies to facially-neutral school policies.

The DOGE discovery fight is back at the Supreme Court. At issue: whether a district court can force broad discovery against USDS to test if it counts as an "agency" under FOIA, or whether that intrudes on executive branch functions. Case No. 25-1103.

scotusgate.comDOGE Discovery Fight Returns to the Supreme CourtThe Court has granted certiorari a second time to decide whether discovery into USDS's FOIA status survived its own earlier instructions on separation-of-powers limits.

Arizona's voter-registration citizenship proof requirement heads to the Court in RNC v. Mi Familia Vota. At issue: whether the NVRA or an existing consent decree bars the state from demanding "satisfactory evidence" of citizenship. Briefs are stacking up before argument.

scotusgate.comArizona Citizenship Proof Case Draws Rival Briefs Ahead of ArgumentWith merits briefing now complete, the Court will decide whether federal law lets Arizona demand citizenship proof for state registration forms and purge noncitizens near elections.

The Supreme Court will review Capital Group v. Pover, addressing whether ERISA Section 502(a)(2) lets 401(k) participants recover losses tied to fiduciary breaches. The case resolves a circuit split over what counts as "appropriate relief" under Section 409 for retirement plan mismanagement claims.

scotusgate.comCapital Group v. Pover: A Circuit Split on ERISA 401(k) Recovery Reaches SCOTUSThe Court distributed Capital Group v. Pover for conference while the respondent sought extra time to respond, setting up review of a deep circuit split over ERISA remedies.

The Supreme Court rejected Mississippi's claim that it owns groundwater beneath its borders outright, ruling that interstate aquifers are subject to equitable apportionment just like rivers. Memphis can keep pumping. New analysis of Mississippi v. Tennessee on the blog now.

scotusgate.comMississippi v. Tennessee: The Court Rejects a State Claim to GroundwaterThe Supreme Court dismissed Mississippi's original suit against Tennessee and Memphis over groundwater, affirming that interstate aquifers are governed by equitable apportionment, not state ownership.

New on SCOTUSGate: Walls v. Prince George's County asks whether a property owner must first petition the legislature to change a law before bringing an as applied takings claim. The Fourth Circuit's ripeness rule splits with other circuits. Case no. 26-107.

scotusgate.comWalls v. Prince George's County: A Ripeness Split Reaches the CourtA property owner's reply brief sharpens a circuit split over whether takings claims require legislative exhaustion before suit, and whether ripeness is jurisdictional at all.

The Court takes up whether calling something the "Big Lie" can amount to defamation when paired with imagery that conveys false factual claims. Trump v. CNN asks how far First Amendment protection extends for pejorative labels used by publishers.

scotusgate.comTrump v. CNN: Court Weighs Whether "Big Lie" Label Is DefamationCNN has waived its response, yet the Court called for one anyway, teeing up review of whether pejorative labeling plus imagery can support a defamation claim against a media defendant.

Peter Navarro is asking the Supreme Court to decide what "willfully" means under 2 U.S.C. § 192. The question: must prosecutors prove he knew defying a congressional subpoena was illegal, or just that he meant to not comply? Mens rea fight heads to SCOTUS.

scotusgate.comNavarro Asks Supreme Court to Define Mens Rea for Contempt of CongressPeter Navarro's cert petition asks whether criminal contempt of Congress under 2 U.S.C. § 192 requires proof the defendant knew his refusal to comply was unlawful.

The Supreme Court will weigh in on whether border agents need a warrant to search your phone. Anibowei v. Blanche has drawn a crowded amicus field as advocacy groups line up on both sides of the digital privacy question.

scotusgate.comCell Phones at the Border: Anibowei Draws a Crowded Amicus FieldThe Supreme Court has distributed Anibowei v. Blanche for conference, with ten amicus briefs testing whether Riley v. California should reach the border search exception.

Hoffmann v. WBI Energy asks a basic but unresolved question: when a gas company condemns land under the Natural Gas Act, what rule decides just compensation? Circuits are split. SCOTUS may finally have to settle it.

scotusgate.comHoffmann v. WBI Energy: Who Sets the Price When Gas Pipelines Take Land?The Solicitor General has entered the fray in a circuit-split case over whether state law or the Fifth Amendment floor governs compensation for pipeline condemnations.

Jesenik v. United States asks whether the Ninth Circuit can bar defendants from using investor behavior evidence to prove materiality in wire fraud cases, all to avoid "victim blaming." A bright-line evidence rule that may conflict with other circuits and this Court's precedent.

scotusgate.comJesenik v. U.S.: Wire Fraud, Victim Blaming, and the Evidence BarPetitioner Robert Jesenik asks the Court to strike down the Ninth Circuit's rule barring investor-behavior evidence in wire fraud trials, setting up a November conference.

Amicus filings are piling up in Olympus Spa v. Armstrong, a case testing whether a Korean women-only bathhouse can keep its single-sex nudity policy under state anti-discrimination law. The volume of outside interest suggests this one could reach beyond Washington state.

scotusgate.comAmicus Surge Signals Stakes in Olympus Spa Bathhouse DisputeA wave of amicus filings from both religious liberty and women's safety groups frames Olympus Spa v. Armstrong as a test of Free Exercise and associational freedom after Catholic Charities.

Beaird v. United States asks the Court to revisit felon gun ban 922(g)(1) on Second Amendment grounds, question the deference owed to Sentencing Guidelines commentary under Stinson, and probe what counts as a qualifying firearm for conviction. Three distinct challenges in one petition.

scotusgate.comBeaird v. United States: A Three-Front Challenge to Felon Gun BansThe Court set oral argument for October 13, 2026, in a case testing § 922(g)(1)'s constitutionality, Stinson deference, and the scope of the "in commerce" element.

The Court denied review in National Small Business United v. Bessent, leaving in place the Corporate Transparency Act's beneficial ownership disclosure regime. Challengers argued Congress intruded on state authority over corporate chartering. The CTA's reporting requirements stay in effect.

scotusgate.comCourt Denies Review of Corporate Transparency Act ChallengeThe Supreme Court declined to hear a Commerce Clause and Fourth Amendment challenge to the Corporate Transparency Act, leaving the Eleventh Circuit's pro-government ruling intact.

Woolard v. Thurmond asks whether states can fund homeschooling with secular curricula while denying the same support to families choosing faith-based materials. The case puts the Free Exercise Clause up against state control over what counts as acceptable instruction.

scotusgate.comWoolard v. Thurmond: Faith-Based Homeschooling and the Free Exercise ClauseA wave of amicus briefs filed September 23 signals heavy interest in whether California can exclude religious curricula from publicly funded homeschool programs.

The Court declined to review Maine's GPS tracking mandate for lobstermen. Frank Thompson challenged the requirement that federally-permitted fishermen submit to 24/7 location monitoring as a license condition. The First Circuit's administrative search ruling stands.

scotusgate.comCourt Denies Review of Maine's GPS Tracking Mandate for LobstermenThe Court denied certiorari in a Fourth Amendment challenge to Maine's GPS surveillance requirement for lobster boats, leaving a circuit split on trespass doctrine unresolved.

Circuits are split on how to evaluate transgender inmates' challenges to sex-based prison policies: heightened scrutiny under United States v. Virginia, or deferential review tied to legitimate penological interests. Roybal v. Griffith asks the Court to pick a standard.

scotusgate.comCircuit Split on Transgender Prisoner Policies Draws U.S. ViewsThe Solicitor General's amicus brief in Roybal v. Griffith signals the federal government's stake in the standard of review for transgender inmate claims.

The Court has narrowed Missionaries of Saint John the Baptist, Inc. v. Frederic to a single question: does barring a religious institution from building on its own land count as a "substantial burden" under RLUIPA. A test case for how far the law protects religious construction.

scotusgate.comCourt Narrows RLUIPA Case to Substantial Burden QuestionThe Supreme Court granted certiorari in a Kentucky zoning dispute but limited review to RLUIPA's substantial burden provision, leaving the Equal Terms question unresolved.

A flood of amicus briefs has landed in International Partners for Ethical Care v. Ferguson, No. 25-840, where the Court will weigh whether parents have standing to challenge policies that displace their role in decisions about their children's gender transitions.

scotusgate.comAmicus Surge Signals Stakes in Parental Rights Standing CaseThirteen amicus briefs filed September 15 preview the battle over whether parents have standing to challenge state gender-transition policies for minors.

The Trump administration is asking the Supreme Court for a stay in Trump v. Kingdom, a dispute over hormone treatment for transgender federal inmates. The case tests how far the Bureau of Prisons must go to accommodate medical care behind bars.

scotusgate.comTrump Seeks Stay in BOP Transgender Hormone Treatment CaseThe administration asks the Chief Justice to stay a D.C. district court order on Bureau of Prisons hormone treatment policy, with a response due October 8, 2026.

Kian v. Florida asks the Court to revisit whether a 6-person jury satisfies the Sixth and Fourteenth Amendments for serious felony charges. Florida is one of the last holdouts on 12-person juries. Could reopen a question many thought settled since Williams v. Florida.

scotusgate.comKian v. Florida: Reviving the Six-Person Jury QuestionThe Supreme Court weighs whether Florida's use of six-person juries in serious felony cases violates the Sixth and Fourteenth Amendments, drawing sixteen amicus briefs.

The Supreme Court declined to stay Christa Gail Pike's execution, leaving unresolved whether psychological terror and mental suffering can support an Eighth Amendment methods-of-execution claim. Courts remain split on the question. Pike v. Tennessee, No. 26-5696.

scotusgate.comPike v. Tennessee: Execution Proceeds After Court Rejects Stay BidThe Supreme Court denied Christa Pike's stay application and certiorari petition on September 29, rejecting her claim that lethal injection would inflict distinct psychological terror given her trauma history.

Stacey Ian Humphreys withdrew his last-minute challenge to Georgia's clemency procedure before the Court could act. The case questioned whether varying Board member thresholds for commutation (3 of 3, 3 of 4, or 3 of 5) treated capital applicants unequally. No ruling now expected.

scotusgate.comHumphreys Withdraws Last-Minute Clemency Challenge to Georgia Parole BoardStacey Ian Humphreys withdrew his stay application challenging Georgia's variable clemency voting thresholds just weeks after filing, ending review of a novel equal protection claim.

St. Mary Catholic Parish v. Roy asks whether Colorado can exclude a Catholic preschool from its universal pre-K funding over nondiscrimination rules on sexual orientation and religion. The case puts Employment Division v. Smith's exemption framework back before the Court.

scotusgate.comSt. Mary Catholic Parish: Smith's Exemption Rule Heads to ArgumentPetitioners' reply brief and the Solicitor General's late bid to join oral argument signal a high-stakes test of religious exemption doctrine under Employment Division v. Smith.

The Court confronted a lingering question after Loper Bright: does Stinson's Auer-style deference to Sentencing Guidelines commentary survive? Poore v. United States asks whether judges must still defer to the Commission's gloss on its own rules, or read the Guidelines fresh.

scotusgate.comPoore v. United States: Does Loper Bright Reach the Sentencing Guidelines?After nine consecutive conference distributions, the Court weighs whether Kisor and Loper Bright limit deference to Sentencing Commission commentary, a question splitting the circuits.

The Supreme Court has issued an emergency stay blocking the Eighth Circuit's order in the Missouri redistricting case, People Not Politicians v. Robert Onder. The map fight stays in limbo while the justices weigh in.

scotusgate.comEmergency Stay Halts Eighth Circuit Order in Missouri Redistricting FightJustice Kavanaugh referred an emergency stay application to the full Court, which granted it, freezing an Eighth Circuit mandate in a Missouri congressional map dispute.

Ted Hudacko kept one parental right after divorce: approval over gender surgery for his minor son. A state hospital allegedly performed it anyway, without notice. Now the Court weighs qualified immunity against a parent's retained legal authority. Hudacko v. Regents.

scotusgate.comHudacko v. Regents: Qualified Immunity Meets Parental Rights Over SurgeryA father stripped of parental rights except veto power over gender-surgery decisions asks the Court to revisit how "clearly established law" is defined for qualified immunity purposes.

Genalo v. Black asked whether Section 1226(c) permits prolonged detention of certain criminal aliens without a bond hearing. Instead of resolving that question, the case ended in dismissal. The underlying tension from Jennings v. Rodriguez remains unsettled for now.

scotusgate.comGenalo v. Black: A Prolonged-Detention Case Ends in Dismissal, Not DecisionAfter fourteen amicus briefs and three conferences, the government and respondents stipulated to dismiss this closely watched immigration detention case, leaving the bond-hearing question unresolved.

Fox v. Fox asks whether family courts can hold a parent in contempt for posting about their own custody case on social media. The order at issue bars sharing "any information concerning this case" at all. A broad prior restraint dressed up as a routine custody order.

scotusgate.comFox v. Fox: Can Courts Gag Parents From Discussing Custody Cases Online?A Wisconsin custody dispute asks the Supreme Court whether gag orders barring parents from posting about their case on social media survive First Amendment scrutiny.