SCOTUSGate
@scotusgate.bsky.social
Tracking new Supreme Court petitions. Currently a work in progress. From @denniscrouch.bsky.social.
Uber v. Drammeh, No. 24-1020, asks: Whether federal courts can predict changes in state law under Erie Railroad Co. v. Tompkins.
March 30, 2025 at 3:18 AM
Uber v. Drammeh, No. 24-1020, asks: Whether federal courts can predict changes in state law under Erie Railroad Co. v. Tompkins.
American Airlines is asking #SCOTUS to review a First Circuit ruling that struck down its Northeast Alliance (NEA) with JetBlue under the Sherman Act. At stake? How courts analyze joint ventures under antitrust law. Here’s the breakdown. 🧵👇 #SCOTUSGate
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
March 3, 2025 at 11:58 PM
American Airlines is asking #SCOTUS to review a First Circuit ruling that struck down its Northeast Alliance (NEA) with JetBlue under the Sherman Act. At stake? How courts analyze joint ventures under antitrust law. Here’s the breakdown. 🧵👇 #SCOTUSGate
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
Veterans' rights case headed to #SCOTUS? Lott v. Lott questions whether state courts can force veterans to use federally protected disability benefits to satisfy divorce agreements. Petitioner argues this violates Supremacy Clause and contradicts SCOTUS precedent in Howell.
24A835
24A835
March 1, 2025 at 10:29 PM
Veterans' rights case headed to #SCOTUS? Lott v. Lott questions whether state courts can force veterans to use federally protected disability benefits to satisfy divorce agreements. Petitioner argues this violates Supremacy Clause and contradicts SCOTUS precedent in Howell.
24A835
24A835
#SCOTUS docket No. 24-933 State Farm v. Jama asks whether a class can be certified without proving individual harm to each class member. When insurers value "totaled" cars, can a mere violation of valuation regulations support class certification?
March 1, 2025 at 10:22 PM
#SCOTUS docket No. 24-933 State Farm v. Jama asks whether a class can be certified without proving individual harm to each class member. When insurers value "totaled" cars, can a mere violation of valuation regulations support class certification?
#SCOTUS petition on whether magazine capacity limits violate 2A rights in Hanson v. DC (No. 24-936). Case challenges DC's ban on magazines holding more than 10 rounds, arguing they're commonly owned for lawful purposes including self-defense.
www.supremecourt.gov/Search.aspx?...
www.supremecourt.gov/Search.aspx?...
March 1, 2025 at 10:18 PM
#SCOTUS petition on whether magazine capacity limits violate 2A rights in Hanson v. DC (No. 24-936). Case challenges DC's ban on magazines holding more than 10 rounds, arguing they're commonly owned for lawful purposes including self-defense.
www.supremecourt.gov/Search.aspx?...
www.supremecourt.gov/Search.aspx?...
The central question: Does a drug-sniffing dog’s nose momentarily entering the interior of a vehicle constitute a Fourth Amendment search requiring probable cause? The Iowa Supreme Court ruled it didn’t—but multiple courts have said otherwise.
February 26, 2025 at 10:38 PM
The central question: Does a drug-sniffing dog’s nose momentarily entering the interior of a vehicle constitute a Fourth Amendment search requiring probable cause? The Iowa Supreme Court ruled it didn’t—but multiple courts have said otherwise.
Wells v. US, No. 24-907
SCOTUS petition: Challenge to Article 134, Cl. 2, UCMJ—criminalizing conduct "of a nature to bring discredit upon the armed forces."
Government did not show any actual discredit to service. #MilitaryJustice
SCOTUS petition: Challenge to Article 134, Cl. 2, UCMJ—criminalizing conduct "of a nature to bring discredit upon the armed forces."
Government did not show any actual discredit to service. #MilitaryJustice
February 25, 2025 at 3:04 AM
Wells v. US, No. 24-907
SCOTUS petition: Challenge to Article 134, Cl. 2, UCMJ—criminalizing conduct "of a nature to bring discredit upon the armed forces."
Government did not show any actual discredit to service. #MilitaryJustice
SCOTUS petition: Challenge to Article 134, Cl. 2, UCMJ—criminalizing conduct "of a nature to bring discredit upon the armed forces."
Government did not show any actual discredit to service. #MilitaryJustice
Can bankruptcy debtors contribute to 401(k)s while paying creditors $0? The 9th Circuit says yes, the 6th Circuit has limits, and SCOTUS is being asked to resolve the debate. (24-905).
February 25, 2025 at 2:52 AM
Can bankruptcy debtors contribute to 401(k)s while paying creditors $0? The 9th Circuit says yes, the 6th Circuit has limits, and SCOTUS is being asked to resolve the debate. (24-905).
The case presents the intersection of private nondelegation and Appointments Clause jurisprudence. FINRA argues it's too private for Article II strictures but exercises enough government power to regulate securities brokers without review.
February 24, 2025 at 6:48 PM
The case presents the intersection of private nondelegation and Appointments Clause jurisprudence. FINRA argues it's too private for Article II strictures but exercises enough government power to regulate securities brokers without review.
The Federal Circuit had to "predict" how Illinois courts would rule on litigation privilege without guidance from Illinois courts. Rather than guess, Atturo asks SCOTUS to get a definitive answer from the source.
February 24, 2025 at 2:51 PM
The Federal Circuit had to "predict" how Illinois courts would rule on litigation privilege without guidance from Illinois courts. Rather than guess, Atturo asks SCOTUS to get a definitive answer from the source.
Certification allows SCOTUS to ask state supreme courts to clarify unsettled state law issues. Illinois rules uniquely allow this only from SCOTUS or the 7th Circuit—not the Federal Circuit, where the tire dispute landed due to unappealed patent claims.
February 24, 2025 at 2:51 PM
Certification allows SCOTUS to ask state supreme courts to clarify unsettled state law issues. Illinois rules uniquely allow this only from SCOTUS or the 7th Circuit—not the Federal Circuit, where the tire dispute landed due to unappealed patent claims.
Key issue: When cargo owner accepts delivery without presenting original bills of lading, does accepting the cargo create an implied obligation to pay the freight costs? For 50+ years, courts said yes—but the 9th Circuit just upended this rule for "private carriers."
February 21, 2025 at 3:28 PM
Key issue: When cargo owner accepts delivery without presenting original bills of lading, does accepting the cargo create an implied obligation to pay the freight costs? For 50+ years, courts said yes—but the 9th Circuit just upended this rule for "private carriers."
New Petition: Milos Product Tanker v. Valero Marketing asks the Court to resolve a maritime law split over who pays shipping costs when cargo is delivered without bills of lading. The 9th Circuit created a new distinction between "private" and "common" carriers.
February 21, 2025 at 3:28 PM
New Petition: Milos Product Tanker v. Valero Marketing asks the Court to resolve a maritime law split over who pays shipping costs when cargo is delivered without bills of lading. The 9th Circuit created a new distinction between "private" and "common" carriers.
🚨New #SCOTUS cert petition from 5th Circuit: Martinez v. City of Rosenberg asks whether an "otherwise unreasonable use of excessive force [is] permitted under the Fourth Amendment so long as it results in no, or only minor, injuries?" Martinez v. City of Rosenberg, No. 24-892 (Feb. 2025).
February 20, 2025 at 2:32 AM
🚨New #SCOTUS cert petition from 5th Circuit: Martinez v. City of Rosenberg asks whether an "otherwise unreasonable use of excessive force [is] permitted under the Fourth Amendment so long as it results in no, or only minor, injuries?" Martinez v. City of Rosenberg, No. 24-892 (Feb. 2025).
Georgia Supreme Court upheld 1% tax under intermediate scrutiny, finding it targeted secondary effects rather than expression. But petitioners argue this extends Renton doctrine beyond its proper scope.
February 19, 2025 at 6:18 PM
Georgia Supreme Court upheld 1% tax under intermediate scrutiny, finding it targeted secondary effects rather than expression. But petitioners argue this extends Renton doctrine beyond its proper scope.
Brief filed by Emory Law Prof Alexander Volokh asks whether strict scrutiny apply to content-based taxes under Reed v. Town of Gilbert (2015), or instead does intermediate scrutiny apply under Renton zoning theory.
February 19, 2025 at 6:18 PM
Brief filed by Emory Law Prof Alexander Volokh asks whether strict scrutiny apply to content-based taxes under Reed v. Town of Gilbert (2015), or instead does intermediate scrutiny apply under Renton zoning theory.
Audio Evolution v. US (24-806): Questions Rule 36 use in medical diagnostic patent cases. Claims Fed Cir dodged explaining why diagnostic machine patents are "abstract ideas." Gov't response due March 31.
February 17, 2025 at 5:15 PM
Audio Evolution v. US (24-806): Questions Rule 36 use in medical diagnostic patent cases. Claims Fed Cir dodged explaining why diagnostic machine patents are "abstract ideas." Gov't response due March 31.
The Court of Appeals for the Federal Circuit is unique in many ways, including the fact that it issues lots of summary affirmances - no opinion judgments. More than all the other circuit courts combined.
February 17, 2025 at 5:15 PM
The Court of Appeals for the Federal Circuit is unique in many ways, including the fact that it issues lots of summary affirmances - no opinion judgments. More than all the other circuit courts combined.
Key issue: Can FDA regulate autologous stem cells (from patient's own body) as 'drugs' under Federal Food, Drug & Cosmetic Act? Case could redefine boundaries of FDA authority over regenerative medicine
Unclear whether Trump DOJ/FDA will still pursue regulation.
Unclear whether Trump DOJ/FDA will still pursue regulation.
February 16, 2025 at 11:31 PM
Key issue: Can FDA regulate autologous stem cells (from patient's own body) as 'drugs' under Federal Food, Drug & Cosmetic Act? Case could redefine boundaries of FDA authority over regenerative medicine
Unclear whether Trump DOJ/FDA will still pursue regulation.
Unclear whether Trump DOJ/FDA will still pursue regulation.
Represented by Sean Sasen of Porter Wright Morris & Arthur, petition argues case raises critical separation of powers issues re: Congress's spending authority and federalism concerns in $11.4B medical cannabis industry serving 74% of Americans.
February 16, 2025 at 4:21 AM
Represented by Sean Sasen of Porter Wright Morris & Arthur, petition argues case raises critical separation of powers issues re: Congress's spending authority and federalism concerns in $11.4B medical cannabis industry serving 74% of Americans.
Key precedent: McIntosh (9th Cir) and Bilodeau (1st Cir) created competing standards for when DOJ can prosecute. Neither aligns with Congress's intent to let states implement medical marijuana programs without federal interference.
February 16, 2025 at 4:21 AM
Key precedent: McIntosh (9th Cir) and Bilodeau (1st Cir) created competing standards for when DOJ can prosecute. Neither aligns with Congress's intent to let states implement medical marijuana programs without federal interference.
Circuit split on burden of proof: Must defendants prove "strict compliance" (9th Cir) or "substantial compliance" (1st Cir) with state laws to block prosecution? Neither standard matches amendment's text prohibiting ANY DOJ interference with state programs.
February 16, 2025 at 4:21 AM
Circuit split on burden of proof: Must defendants prove "strict compliance" (9th Cir) or "substantial compliance" (1st Cir) with state laws to block prosecution? Neither standard matches amendment's text prohibiting ANY DOJ interference with state programs.
Does appointment of a receiver "cleanse" a company of in pari delicto defense before bankruptcy? 8th Circuit said no, letting BMO escape $1.1B liability for aiding Petters fraud. MN Supreme Court cert needed to resolve state law question.
February 15, 2025 at 9:06 PM
Does appointment of a receiver "cleanse" a company of in pari delicto defense before bankruptcy? 8th Circuit said no, letting BMO escape $1.1B liability for aiding Petters fraud. MN Supreme Court cert needed to resolve state law question.
Key Q presented in Smith: Can states require defendants to prove they have an IQ of 70 or below by preponderance of evidence? Case involves inmate with five IQ scores (75, 74, 72, 78, 74) - all above 70 but some within margin of error.
February 15, 2025 at 8:55 PM
Key Q presented in Smith: Can states require defendants to prove they have an IQ of 70 or below by preponderance of evidence? Case involves inmate with five IQ scores (75, 74, 72, 78, 74) - all above 70 but some within margin of error.