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Starbucks Corp. v. McKinney

Issues

Should courts grant preliminary injunctions against companies for labor disputes based on the traditional four-factor test or on a different standard of whether the injunction is “just and proper” when there is reasonable cause to believe the unfair labor practices occurred?

This case presents to the Supreme Court the issue of whether district courts should defer to the National Labor Relations Board’s (NLRB) preliminary investigations and legal judgments when deciding on preliminary injunctions under Section 10(j) of the National Labor Relations Act (NLRA) during unfair labor practice investigations. The Petitioner, Starbucks Corp., argues that the Sixth Circuit improperly weighted the scales in favor of the NLRB by deferring too much to the Board's initial assessment of the case and its labor-law expertise, thus undermining judicial independence and overstepping established boundaries of agency deference. The Respondent, the NLRB, maintains that such deference is warranted given its role, expertise in labor relations, and the comprehensive investigatory and adjudicative processes it undertakes before seeking injunctive relief under Section 10(j). The Court's determination will crucially affect the balance of power between administrative agencies and the judiciary and will have significant implications for labor practices and the enforcement of labor rights in the United States.

Questions as Framed for the Court by the Parties

Whether courts must evaluate the National Labor Relations Board’s requests for injunctions under Section 10(j) of the National Labor Relations Act using the traditional, stringent, four-factor test for preliminary injunctions or some other more lenient standard.

In January 2022, a shift supervisor, Nikki Taylor, at the Memphis Starbucks location decided she was interested in unionizing the Memphis store. McKinney v.

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Smith v. Spizzirri

Issues

Does a district court violate Section Three of the Federal Arbitration Act when the court dismisses a claim subject to arbitration rather than stay the lawsuit?

This case asks the Supreme Court to decide whether Section Three of the Federal Arbitration Act is violated when courts dismiss claims subject to arbitration agreements. Smith, and other delivery truck drivers, argue that the use of “shall” in Section Three compels courts to stay claims pending arbitration, promoting the underlying purposes of the Federal Arbitration Act. Spizzirri counters that the language in Section Three is ambiguous, and allowing courts to dismiss claims will actually promote the efficiency of arbitration agreements and protect these contracts from interference by courts. The outcome of this case has serious implications for the ability of plaintiffs to have courts oversee arbitration agreements and their ability to appeal.

Questions as Framed for the Court by the Parties

Whether Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to arbitration

The Federal Arbitration Act (“FAA”) was created to promote an alternative method of dispute resolution. 9 U.S.C. §§ 1–16. The FAA favors the enforcement of arbitration agreements over litigation “in order to realize… lower costs, and greater efficiency and speed. Stolt-Nielsen S.A. v.

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Moyle v. United States

Issues

Does the federal government have authority under the Emergency Medical Treatment and Labor Act, which requires hospitals to provide stabilizing care to patients, to preempt Idaho’s Defense of Life Act by requiring Idaho to perform abortions under certain circumstances?

This case asks the Supreme Court to interpret whether the Emergency Medical Treatment and Labor Act (“EMTALA”), which requires hospitals to provide stabilizing care to patients, can preempt state abortion regulations. Idaho’s Defense of Life Act prohibits hospitals from performing abortion unless it is necessary to protect the pregnant mother from death. EMTALA states that it preempts any state law which directly conflicts with its requirements, which includes providing stabilizing care to patients.  Idaho and its House speaker Mike Moyle argue that EMTALA cannot preempt Idaho state law because preemption would violate state sovereignty where there is no conflict between the two laws. The United States counters that EMTALA imposes a broader standard than Idaho law, and the executive and legislature can preempt state law under EMTALA via the Supremacy Clause. The outcome of this case has important implications for abortion rights, separation of powers, and sovereignty of states.

Questions as Framed for the Court by the Parties

Whether the Supreme Court should stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act preempts it.

Idaho’s 2022 Defense of Life Act, enacted in the wake of Dobbs v. Jackson Women’s Health Organization, criminalizes the performance of abortions.

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City of Grants Pass, Oregon v.

Issues

Do fines for camping on public land constitute cruel and unusual punishment of homeless people?

This case asks the Supreme Court to resolve a dispute between the City of Grants Pass, Oregon, and a class of homeless residents of Grants Pass represented by Gloria Johnson. Petitioner Grants Pass contends that its anti-camping ordinances do not violate the Eighth Amendment’s prohibition on cruel and unusual punishment. Respondent Johnson argues that the city’s ordinances amount to criminalization of the status of homelessness, contravening the Eighth Amendment. This case could impact the balance of power between federal, state, and local government and may clarify the limits on criminalizing conduct like camping outside at night.

Questions as Framed for the Court by the Parties

Whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment.

The homeless population in Grants Pass, Oregon exceeds the available shelter for homeless people. Johnson v.

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Department of State v. Muñoz

Issues

(1) Does the government infringe upon a U.S. citizen’s constitutionally protected interest when it denies the citizen’s non-citizen spouse a visa? (2) If such an interest exists, does merely notifying the visa applicant that their visa was rejected under 8 U.S.C. § 1182(a)(3)(A)(ii) suffice in providing that citizen with due process?

This case asks the Supreme Court to determine whether the government infringes upon a U.S. citizen’s constitutionally protected interest when it denies their non-citizen spouse’s visa, and if so, whether the government’s citation of a statute as its reasoning is sufficient to provide that citizen with due process. Sandra Muñoz, a U.S. citizen, married Luis Asencio-Cordero, a non-citizen, and petitioned the government to grant her husband an immigration visa. The government denied the application, giving only a citation to 8 U.S.C. § 1182(a)(3)(A)(ii) as the reason. The government argues that Muñoz has no statutory or constitutional right to appeal the visa denial nor any right to further explanation of the reasoning behind the decision. Muñoz argues that the denial of her husband’s visa infringes upon her constitutionally protected liberty interests, and that she is entitled to further explanation about the denial under due process. This case has important ramifications for U.S. citizens with noncitizen spouses who wish to live together in the United States, for national security, and the ability of Congress to exercise oversight over agencies.

Questions as Framed for the Court by the Parties

(1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and (2) whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under 8 U.S.C. § 1182(a)(3)(A)(ii) suffices to provide any process that is due.

In July 2010, Sandra Muñoz, a U.S. citizen, married Luis Asencio-Cordero, a citizen of El Salvador who first arrived in the United States in 2005. Muñoz v. Department of State at 8–9. Muñoz filed an immigration petition for Asencio-Cordero which was approved, and Asencio-Cordero returned to El Salvador in April 2015 to interview for his immigrant visa at the local U.S. consulate.

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Thornell v. Jones

Issues

When considering a state court’s analysis of prejudice in an ineffective assistance of counsel claim under Strickland v. Washington (1984), when must a federal habeas court defer to factual and credibility findings of the district court and consider non-statutory aggravating evidence––including attacks on the mitigation case put on by the prisoner––in determining whether counsel’s deficient performance actually prejudiced the prisoner?

This case asks whether the U.S. Court of Appeals for the Ninth Circuit improperly overruled a district court when granting a defendant's ineffective assistance of counsel (“IAC”) claim on habeas review. The IAC claim arose in an Arizona capital murder case in which Respondent Danny Lee Jones argues that his trial counsel was ineffective in failing to secure psychology and neurology professionals in support of mitigating evidence relating to Jones’s mental health. Petitioner Ryan Thornell, the director of the Arizona Department of Corrections, argues that the Ninth Circuit failed to accord proper deference to the district court’s fact-finding as required by the Federal Rules of Civil Procedure. Additionally, Thornell argues that the Ninth Circuit failed to consider Arizona’s state sentencing laws as well as improperly weighed aggravating factors in Jones’s case. Jones rejects these claims, arguing that the Ninth Circuit properly adjudicated his claim with respect to both law and fact. This case has significant implications with respect to the proper standard of deference between appellate courts and district courts and raises concerns about finality and state sovereignty in enforcement of criminal statutes.

Questions as Framed for the Court by the Parties

Whether the U.S. Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. Washington when it disregarded the district court’s factual and credibility findings and excluded evidence in aggravation and the state’s rebuttal when it reversed the district court and granted habeas relief.

On March 26, 1992, in Bullhead City, Arizona, Danny Lee Jones and his friend Robert Weaver spent the day in Weaver’s garage consuming alcohol and using crystal methamphetamine. Jones v. Ryan at 1009. At some point, Jones and Weaver fought, which concluded when Jones struck Weaver multiple times in the head with a bat, killing Weaver. Id. Jones proceeded to enter Weaver’s house, strike Weaver’s grandmother in the head with the bat, and kill Weaver’s seven-year-old daughter.

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Snyder v. United States

Issues

Does a prohibition on “corruptly accepting anything of value, intending to be influenced or rewarded” include gratuities, or does it only prohibit bribes?

This case asks the Supreme Court to decide whether 18 U.S.C. Section 666—the statute for federal-funds bribery—also criminalizes gratuities. Snyder, a former mayor in Indiana, steered city contracts to a local company and then accepted from that company a fabricated consulting job worth $13,000. A jury convicted him of accepting an illegal gratuity under the statute. Snyder argues that the law only criminalizes bribes, however, because Congress has removed the language from the statute that used to refer to gratuities. The United States argues that the statute criminalizes gratuities through the word “rewarded,” while the word “influenced” refers to bribes. This case raises concerns about federal intrusion on state interests depending on how broadly courts will construe federal criminal statutes that seek to prohibit gratuities. It may also affect the outcome of how federal prosecutors will combat corruption at the state and local levels.

Questions as Framed for the Court by the Parties

Whether 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions.

James Snyder became mayor of Portage, Indiana, in 2012. United States v. Snyder at 2. At the time, he was behind on both his personal taxes and his business’s payroll taxes.

Acknowledgments

The authors would like to thank Professors Daniel R. Alonso and Stephen P. Garvey for their excellent guidance and insights into this case.

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Fischer v. United States

Issues

Can individuals be found guilty of obstructing an official proceeding under 18 U.S.C. § 1512(c)(2) when the proceeding did not involve investigations or evidence? 

This case asks the Court to determine whether 18 U.S.C. § 1512(c)(2) of the Sarbanes-Oxley Act covers obstructive conduct interfering in official proceedings that are unrelated to investigations and evidence. Petitioner argues that the Court should interpret § 1512(c)(2) as only covering obstructive conduct interfering in official proceedings that involve investigations and evidence, and points to textual analysis, principles of statutory construction, and the Court’s interpretations of similar statutes in Yates v. United States and Begay v. United States for support. Respondent counters that the Court should interpret § 1512(c)(2) as a catch-all provision covering all obstructive conduct and rejects the textual analysis and principles of statutory construction argued by the petitioner while pointing to 18 U.S.C. § 1503 for support. This case touches on important questions regarding the Sarbanes-Oxley Act and the usage of § 1512(c)(2) to cover rioters’ conduct during the January 6 Capitol Building storming, such as sentencing fairness and providing notice to parties.

Questions as Framed for the Court by the Parties

Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence.

On January 6, 2021, Joseph Fischer participated in the “Stop the Steal” rally in Washington, D.C. Brief for Petitioner at 3. Fischer also allegedly participated in the mob that entered the Capitol Building and forced Congress to halt its certification of the 2020 presidential election results.

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Chiaverini v. City of Napoleon, Ohio

Issues

May a plaintiff bring a § 1983 suit alleging malicious prosecution on account of baseless charges, even if one or more of the charges was supported by probable cause?

In this case, the Supreme Court must decide whether Jascha Chiaverini’s § 1983 malicious prosecution claim against the City of Napoleon, Ohio may proceed, although some of the charges filed against Chiaverini were based on probable cause. Jascha Chiaverini argues that state common law governs his lawsuit, and that as such the charge-specific rule, in which any baseless charge allows a § 1983 to proceed, applies. The City of Napoleon argues that Petitioner presents a false binary between the “any-crime” rule and the charge-specific rule that leads to a framework that is incompatible with the intent and meaning of the Fourth Amendment. This case has implications for the viability of malicious prosecution suits filed under § 1983 and the reach of Fourth Amendment protections against baseless charges.

Questions as Framed for the Court by the Parties

Whether Fourth Amendment malicious-prosecution claims are governed by the charge-specific rule, under which a malicious prosecution claim can proceed as to a baseless criminal charge even if other charges brought alongside the baseless charge are supported by probable cause, or by the “any-crime” rule, under which probable cause for even one charge defeats a plaintiff’s malicious-prosecution claims as to every other charge, including those lacking probable cause.

Plaintiff Jascha Chiaverini is the manager of Diamond and Gold Outlet, a jewelry store owned by co-plaintiff Chiaverini, Inc. and located in Napoleon, Ohio. Jascha Chiaverini, et al. v. City of Napoleon, et al. at 2. On November 16, 2016, Chiaverini purchased jewelry items from Brent Burns but was later contacted by David and Christina Hill, who claimed the jewelry was stolen. Id.

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Harrow v. Department of Defense

Issues

Does 5 U.S.C. § 7703(b)(1)(A), which sets a 60-day limit for a federal employee to appeal to the  U.S. Court of Appeals for the Federal Circuit for a final decision rendered by the Merit Systems Protection Board, set a jurisdictional limit for the Federal Circuit?

This case asks the court to interpret whether the 60-day time limit for a federal employee to appeal to the U.S. Court of Appeals for the Federal Circuit imposed by U.S.C. § 7703(b)(1)(A) amounts to a jurisdictional requirement that strictly bars claims brought after 60 days. Stuart Harrow maintains that the language in 28 U.S.C. § 1295, which grants jurisdiction to claims “pursuant to” § 7703(b)(1)(A), is simply a cross-reference and not conditional. Harrow further argues that Congress likely did not intend to create such a harsh bar when enacting § 7703(b)(1)(A), considering that many federal employee claims are brought without a lawyer. The Department of Defense counters that “pursuant to” should mean “conforming to,” which sets a conditional requirement, not a reference. The Department of Defense further notes that the Court’s precedents have already decided that § 7703(b)(1)(A) is a jurisdictional requirement; and, Harrow is attempting to artificially parse the statute to reach a favorable result. The case’s outcome will significantly impact methods of Congressional intent interpretations and federal appeal procedures.

Questions as Framed for the Court by the Parties

Whether the 60-day deadline in 5 U.S.C. § 7703(b)(1)(A) for a federal employee to petition the U.S. Court of Appeals for the Federal Circuit to review a final decision of the Merit Systems Protection Board is jurisdictional.

Stuart R. Harrow (“Harrow”) was an employee of a sub-agency of the United States Department of Defense (“DOD”). Harrow v. Department of Defense, 2022 WL 1495611, 1 (Merit Systems Protection Bd.).

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