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The Immigration Reform and Control Act (“IRCA”) limits the use of the I-9 and “any information contained in or appended to such form” to the enforcement of specific federal immigration and criminal laws. In this case, the Supreme Court will determine whether this limitation contained in IRCA prevents states from using information contained on the I-9 form to prosecute individuals where that same identifying information is found on documents other than the I-9. Kansas argues that the language of IRCA does not preempt Kansas from prosecuting respondents, including Ramiro Garcia, for false information provided on his K-2 and W-4 forms, even if that same information was also found on his I-9 form. Kansas asserts that such prohibitions would limit the traditional police power of the state. Garcia argues that the language of IRCA prevents states from prosecuting individuals for identity theft in work authorization based on false information contained on both the I-9 and other forms. Garcia asserts that such state prosecutions would interfere with the federal enforcement scheme and strong federal interest in employment verification. The Court’s decision in this case will determine whether state or federal law applies to the prosecution of undocumented individuals in similar cases and will affect the employment of unauthorized workers from the perspective of both employers and employees.

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This case asks the Supreme Court to decide whether the United States Court of Appeals for the Fourth Circuit erred when it granted respondent Lee Boyd Malvo’s habeas corpus petition to reconsider his life-imprisonment-without-parole sentence, yet declined to decide whether Malvo’s sentence was mandatory or discretionary. Petitioner warden Randall Mathena argues that Malvo’s sentence must stand because the Supreme Court in Miller v. Alabama expressly limited availability of habeas relief to juveniles sentenced to life imprisonment without parole under mandatory sentencing schemes, and because the precedent upon which the Supreme Court based that opinion does not support expanding the rule to discretionary sentencing schemes. Malvo counters that he should be resentenced because the Supreme Court precedent and the Court’s decision in Montgomery v. Louisiana—extending Miller retroactively to cases on collateral review—requires sentencing judges to take juveniles’ youth into account during sentencing, even if the sentence occurred before Miller. Malvo further contends that even if he were sentenced pursuant to a “discretionary” sentencing scheme, his life sentence violates Miller because the sentencing judge failed to consider, on account of his juvenile status, his lessened moral blameworthiness and greater capacity for change, therefore entitling him to resentencing. The outcome of this case will affect how the criminal justice system treats juveniles and victims, whether the system will preserve the distinction between discretionary and mandatory sentencing schemes.

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This case asks the Supreme Court to determine whether the one-year statute of limitations in the Fair Debt Collection Practices Act (“FDCPA”) begins once a violation occurs or once the violation is discovered. Petitioner Kevin Rotkiske, whose FDCPA lawsuit was barred by the statute of limitations, argues that the Court should apply the discovery rule and determine that the limitations period begins when the violation is discovered. He argues that the FDCPA should be interpreted in light of common law and precedent which hold that the discovery rule is applicable to suspend statutes of limitations. Respondent Paul Klemm counters that the Court need only read the FDCPA’s plain language to determine that Congress intended the statute-of-limitations period to begin at the time the violation occurred. He too points to precedent that supports his argument that Congress knows how to implement the discovery rule but—based on the FDCPA’s explicit language—chose not to do so. This case has implications for the purpose and history of the FDCPA and its statute of limitations and could affect blameless victims and marginalized communities.

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This case asks the Supreme Court to balance states’ rights to write their own criminal code with individual rights under the Due Process Clause and the Eighth Amendment. The statute at issue, Kan. Stat. Ann. § 22-3220, abolished the traditional right-and-wrong test for the insanity defense in favor of a mens rea approach to insanity. Kahler argues that history and tradition demonstrate that the right-and-wrong test for insanity is a fundamental right under the Due Process Clause. He also contends that disallowing this test essentially abolishes the insanity defense, which is cruel and unusual because it punishes individuals who lack moral culpability for their crimes. Kansas counters that the right-and-wrong test for insanity is not a fundamental right because it is not deeply entrenched in tradition, and that disallowing the defense would not have been deemed cruel and unusual when the Eighth Amendment was adopted. The outcome of this case has heavy implications for states’ authority over their own criminal code, just punishment, and protecting individuals who lack moral culpability.

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This case consolidates two lawsuits, each containing a claim by an employee alleging that he was terminated by his employer because of his sexual orientation. These employees argue that Title VII of the Civil Rights Act, which proscribes discrimination “because of . . . sex,” inherently prohibits sexual orientation discrimination because one’s sexual orientation necessarily depends on one’s sex. To further support this argument, the employees contend that Title VII’s plain language, statutory and judicial history, and other provisions all support interpreting the statute to prohibit discrimination on the basis of sexual orientation. The employers counter that the plain meaning of “because of . . . sex” at the time of Title VII’s enactment, and courts’ reliance on this plain meaning in their past decisions, indicate that Title VII does not prohibit sexual orientation discrimination. The case’s outcome will have heavy implications for LGBT workers and business’ bottom lines.

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This case asks the Supreme Court to determine whether the term “expenses” in 35 U.S.C. § 145 should be interpreted to include attorneys’ fees. To appeal a denied patent application under § 145, the patent applicant must be willing to pay the United States Patent and Trademark Office’s (“PTO”) “expenses” related to the litigation. The PTO contends that its attorneys’ fees incurred from litigating § 145 appeals should count as reimbursable “expenses.” NantKwest counters that the American Rule, a presumption that each party in litigation will pay its own attorneys’ fees unless there is explicit and specific statutory language allowing fee-shifting, is not defeated by the vague § 145 language regarding “expenses,” and that accordingly the PTO must pay its own attorneys’ fees in § 145 actions. The outcome of this case has important implications for the future of the American Rule, the interpretation of the term “expenses” in other statutes, and the cost of making a § 145 appeal from a rejected patent application.

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This case asks the Supreme Court to decide whether the prohibition of sex-based discrimination under Title VII of the Civil Rights Act of 1964 also extends to discrimination based on gender identity. Harris Funeral Homes (“Harris Homes”) terminated Aimee Stephens’s employment shortly after Stephens informed Harris Homes that she was transgender. Harris Homes and the Equal Opportunity Employment Commission (“EEOC”) take the position that Stephens’s termination was not discriminatory because her termination was premised upon her refusal to follow Harris Homes’s sex-specific and strictly applied dress code. Stephens counters that her dismissal was impermissible under Title VII because the decision to fire her was based on her sex and general principles of “sex stereotyping.” The Supreme Court’s decision will have implications for the wellbeing of transgender employees and for the religious interests of employers.

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This case asks the U.S. Supreme Court to reconsider its holding in Apodaca v. Oregon, where the Court held that states could permit non-unanimous jury verdicts to convict criminal defendants. In July 2016, Evangelisto Ramos was found guilty of second-degree murder by a ten to two jury verdict. Ramos contends that a non-unanimous jury conviction violates the Sixth Amendment right to a fair jury trial, and therefore, the Court should overrule Apodaca. Louisiana counters that, under Apodaca, states are not constitutionally required to mandate unanimous jury verdicts because the Sixth Amendment imposes that requirement only on the federal government. The outcome of this case has important implications for criminal procedure and the participation of minority citizens in jury deliberation.

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In addition to determining whether the Census Bureau’s addition of a citizenship question to the 2020 Census was lawful, the Court must also determine whether the Court can order discovery outside the administrative record, including a deposition of the Secretary of Commerce. The Department of Commerce argues that the deposition substantially intrudes on the Secretary’s job because there is no showing of bad faith nor extraordinary circumstances which warrant the additional discovery. The Department of Commerce also posit that the addition of the citizenship question was not arbitrary and capricious, was in accordance with law, and did not violate the Enumeration Clause of the Constitution. The Department of Commerce finally contends that adding a citizenship question would provide more accurate citizenship information and help enforce the Voting Rights Act. However, the State of New York and the New York Immigration Coalition assert that the Secretary exhibited bad faith by submitting an incomplete record and they contend that his reasons for doing so are incomplete and pretextual. They argue that because he is uniquely and personally involved in adding the citizenship question, extraordinary circumstances warrant his deposition. The State of New York and the New York Immigration Coalition counter that adding a citizenship question would lower response rates from noncitizens and affect apportionment of representatives.  

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The Supreme Court will determine whether federal jurisdiction over Title VII claims is limited to claims that have met Title VII’s administrative-exhaustion requirement by first being presented to the Equal Employment Opportunity Commission (“EEOC”). Fort Bend County, Texas (“Fort Bend”) argues that it is “fairly discernable” from the text, structure, and purpose of Title VII that Congress intended to limit jurisdiction in this way, and so presenting a claim before the EEOC should constitute a jurisdictional prerequisite to suit. Lois Davis (“Davis”), who filed a Title VII complaint alleging sexual harassment, retaliation, and religious discrimination while employed by Fort Bend, contends that because Congress has not made a “clear statement” that the administrative exhaustion requirement under Title VII is jurisdictional, jurisdiction should not be limited where the exhaustion requirement has not been met. This case will have implications for the efficiency and costs of administrative actions and Title VII enforcement.

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