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This case asks the U.S. Supreme Court to determine whether an entity that passively possesses a debtor’s property must turn over that property to the bankruptcy estate under the Bankruptcy Code’s automatic stay provision. Petitioner City of Chicago argues that the automatic stay provision requires debtors and creditors to maintain the status quo as of the petition date, which, among other things, means that creditors cannot take actions to control property of the estate. Chicago maintains that passive possession does not constitute action. Further, Chicago asserts that because the automatic stay freezes the status quo, debtors must seek a court order compelling the turnover of property lawfully repossessed pre-petition. Respondents Robbin L. Fulton and others counter that the automatic stay language plainly requires that all the debtor’s property be transferred to the trustee or debtor and that passive retention is an act of restraint in violation of the automatic stay. Additionally, Fulton and others contend that the turnover duty is mandatory and does not require a court order. The outcome of this case has important implications on debtors’ and creditors’ bankruptcy rights, public safety, and the financial well-being of debtors and local governments.

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This case asks the Supreme Court to decide whether a rape that occurred between 1986 and 2006 is subject to a five-year statute of limitations under the Uniform Code of Military Justice (“UCMJ”). The United States argues that because military rape was punishable by death under the UCMJ at the time of the offense, there is no limitations period here. Michael Briggs counters that because military rape is not punishable by death due to the Eighth Amendment’s protection against “cruel and unusual punishment,” the UCMJ’s default five-year statute of limitations would apply to this instance of military rape. The outcome of this case will impact the extent to which the military may prosecute rape within its ranks and clarify whether military defendants are entitled to the same constitutional protections as civilian defendants.

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This case asks whether an officer’s intentional use of physical force to apprehend an individual constitutes a seizure for Fourth Amendment purposes, even if the officer does not successfully detain the individual or limit her freedom of movement. Officers Janice Madrid and Richard Williamson temporarily paralyzed Roxanne Torres’s arm after striking it with two bullets as Torres drove at them. Torres argues that based on the common law meaning of the Fourth Amendment and on the Supreme Court’s Fourth Amendment precedents, a person is seized where the officer intentionally applies physical force. Torres contends that although she drove over an hour away from the scene of where she was shot, the officers’ bullets striking her arm constituted a Fourth Amendment seizure. Officers Madrid and Williamson counter that a Fourth Amendment physical-force seizure requires more. The officers maintain that to successfully complete a Fourth Amendment seizure, they would have had to intentionally acquire physical control, which did not occur because Torres fled from the scene. The outcome of this case has important implications for the balancing of interests respecting police conduct and public safety. 

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This case asks the U.S. Supreme Court to clarify the procedure for determining whether a noncitizen who has committed a state-level crime is eligible for cancellation of removal from the United States. The Immigration and Nationality Act of 1940 (“INA”) gives the U.S. Attorney General discretion to cancel a noncitizen’s removal if the noncitizen has not committed a crime involving moral turpitude (“CIMT”). Clemente Avelino Pereida was convicted of a state-level crime under a divisible statute. Three of the four crimes listed within the statute individually constitute CIMTs, but one crime does not. The convicting court did not specify Pereida’s crime of conviction. Pereida contends that he is not required to prove that he did not commit a CIMT and, therefore, that he is eligible for cancellation of removal because his conviction does not necessarily establish that he committed a CIMT. Attorney General William P. Barr counters that the INA requires noncitizens to prove that they did not commit a CIMT in such instances of ambiguity and that Pereida failed to carry his burden of proof. The outcome of this case has important implications for statutory interpretation and the removability of noncitizens who have prior criminal convictions.

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This case asks the U.S. Supreme Court to reconsider the extent to which a defendant’s contacts with a forum state must be related to the claim at issue in order to establish specific jurisdiction over the defendant. Petitioner Ford argues that there must be a causal relationship between the defendant’s in-state contacts and the plaintiff’s injury because the court in Bristol-Meyers Squibb Co. v. Superior Court of California disregarded the existence of similar causal relationships between the defendant’s in-state contacts and the injuries of third parties. Respondent Charles Lucero counters that a causal connection is not necessary to support specific jurisdiction in cases such as this where the defendant has marketed its products in the forum state and a person suffers an injury from one of those products within that state. The outcome of this case will clarify where manufacturers may expect to be subject to suit and will impact litigants’ ability to engage in forum shopping.

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This case asks the Supreme Court to decide whether an Arkansas state law regulating pharmacy benefit managers’ drug reimbursement rates is preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). Whether ERISA preempts the state law, Act 900, depends on whether Act 900 has an impermissible connection to ERISA or refers to ERISA. Arkansas Attorney General, Leslie Rutledge, argues that ERISA does not preempt Act 900 because Act 900 is simply a basic rate regulation that does not have an impermissible connection to ERISA or refer to ERISA. The Pharmaceutical Care Management Association counters that ERISA, in fact, preempts Act 900, as Act 900 regulates a central part of ERISA plan administration, making it impermissibly connected to ERISA, and refers to ERISA. The Court’s decision in this case will influence the ability of states to regulate pharmacy benefit managers and, by extension, could impact the costs of prescription drugs and the access patients have to pharmacies.

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The waters of the Pecos River are allocated to Texas and New Mexico in accordance with the terms of the Pecos River Compact. When disputes arose between the states regarding each state’s duties under the Compact, the Supreme Court issued an amended decree to regulate such duties and appointed a River Master to calculate and oversee the parties’ obligations. Texas now challenges the River Master’s determination that Texas, rather than New Mexico, should bear the burden of evaporative losses caused as a result of Tropical Storm Odile. Texas argues that the River Master erred in retroactively awarding evaporative loss credits to New Mexico because the River Master lacks authority to do so, and New Mexico’s motion for such credits was untimely. Texas further contends that Article XII of the Compact is inapplicable because the Bureau impounded flood water for public safety reasons, not for use in Texas. New Mexico counters that the River Master correctly granted a one-time retroactive credit for evaporative losses to New Mexico because New Mexico’s motion was timely, and the River Master was permitted to adopt procedures necessary to address novel accounting issues. New Mexico further asserts that Article XII is applicable because the Bureau impounded flood water primarily for Texas’s later use. The outcome of this case has implications for the role of the River Master and the procedures to be followed in future disputes under the Compact. In addition, the outcome of this case will affect the authority granted to court-appointed officers overseeing other interstate contracts, as well as the tolling procedures that other states should look to in resolving disputes arising from such contracts.

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This case asks the Supreme Court to decide the constitutionality of two provisions of the Delaware Constitution which require that the two major political parties be represented as evenly as possible on Delaware’s highest courts. John Carney, the Governor of Delaware, argues that James R. Adams, who challenges the Delaware Constitution, lacks Article III standing to assert these claims because Adams’ has suffered only a hypothetical injury and that injury was self-inflicted through a personal choice to change political affiliation. Governor Carney additionally contends that the state constitutional provisions are consistent with the First Amendment because judges fall under a policymaking exception to the First Amendment’s prohibition on using political affiliation as job criterion, and because the constitutional provisions are the only viable way to advance the state’s compelling interest in public confidence in the judiciary’s neutrality. Finally, Governor Carney asserts that in the event that the Court strikes down the major party provision, the bare majority provision of the Delaware Constitution is severable and thus should remain intact. Adams responds that he has standing to assert these claims by virtue of Delaware’s denial of any potential judgeship for him based on his political affiliation and the chilling effect that he experiences on his associative freedoms due to the constitutional provisions. Next, Adams contends that the provisions violate the First Amendment and do not fall within the exception for using political association as a job criterion for policymakers; therefore, he argues, the Court should apply strict scrutiny in its review of this alleged First Amendment violation. Finally, Adams asserts that the bare majority provision is not severable from the major party provision and therefore, if one is invalidated, both must be struck down. The Supreme Court’s decision in this case will affect state interests in creating a politically neutral judiciary and the methods states can use to achieve this goal, as well as demonstrate the merits and burdens of associating political affiliations with judicial positions. 

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This case asks the Supreme Court to decide whether, under the Religious Freedom Restoration Act (“RFRA”), individual federal employees can be sued for money damages. Petitioners Tanzin and other government agents argue that money damages against individuals in their personal capacities are unavailable unless Congress clearly indicates otherwise, which Congress has not done in RFRA. Tanzin also argues that RFRA authorizes relief “against a government,” which does not include individual officials. Tanzin further claims that money damages fall beyond RFRA’s authorization of “appropriate” relief. Respondents Tanvir and others counter that Congress need not expressly authorize money damages, but that rather, money damages are available unless Congress clearly says otherwise. Additionally, Tanvir claims that RFRA authorizes suits against officials, even separate from their official capacity, and that money damages are “appropriate” and even necessary to enforce RFRA. The outcome of this case could affect the separation of powers between the judicial and the executive branches, the financial and operational burdens on the federal government, and the interests of third parties, including religious minority groups.

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This case asks the Supreme Court to determine whether, under the Copyright Act of 1976, software interfaces can receive copyright protections that convey exclusive rights to the software author and, if so, under what conditions a secondary use of that software constitutes fair use. Google argues that no copyright protections should extend to Oracle’s Java SE declaring code under copyright law’s merger doctrine. Even if copyright protection is warranted, Google contends that its use of the Java SE declaring code to create its Android platform constitutes fair use due to the transformative nature of and limited copying in the Android platform. Oracle counters that software interfaces deserve the same copyright protections as other works because of the expressive nature of the software. As such, Oracle asserts that Google’s use of Java SE is not fair use because it harmed Oracle’s market for licensing Java SE. The outcome of this case has heavy implications for the use of programming languages in future technology as well as the open-book industry standard for borrowing computer code to further technological advances.

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