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Diaz v. United States

Issues

Does Federal Rule of Evidence 704(b) allow an expert witness to testify that most drug couriers carry drugs knowingly, and that drug-trafficking organizations do not trust unknowing couriers with large quantities of drugs, when knowledge is an element of the offense?

This case asks the Supreme Court to decide whether Federal Rule of Evidence 704(b) prohibits expert testimony about the mental states of a group that the defendant is a member of. Diaz was convicted of knowingly importing drugs into the United States after a government expert testified that “in most circumstances, the driver knows they are hired . . . to take the drugs from point A to point B.” Diaz argues that such testimony is impermissible under Rule 704(b) because it is functionally equivalent to stating an opinion that she had a certain mental state. The United States counters that the rule only restricts an expert from explicitly concluding or directly opining on whether a defendant had a certain mental state. The outcome of this case will affect how the government goes about proving its criminal cases, how effectively parties can rebut expert testimony, and how juries make decisions about mental states.

Questions as Framed for the Court by the Parties

Whether in a prosecution for drug trafficking — where an element of the offense is that the defendant knew she was carrying illegal drugs — Federal Rule of Evidence 704(b) permits a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters.

Delilah Guadalupe Diaz lives in Moreno Valley, California. Brief for Respondent, the United States at 5. One night in August 2020, she drove across the border from Mexico into the United States. Id. She told a border patrol officer who inspected the car that it was her boyfriend’s.

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NetChoice, LLC v. Paxton

Issues

Does Texas House Bill 20 restrict social media platforms’ content screening policy in a manner that violates the First Amendment?

This case addresses whether Texas House Bill 20, which prohibits social media platforms from censoring users’ expressions, violates the First Amendment. NetChoice, the petitioner, argues that social media platforms need not display all user-submitted content because they are not common carriers that may not selectively disseminate speech. NetChoice further contends that the bill is a content-based regulation of speech that interferes with social media platforms’ editorial discretion, without achieving any compelling state interest. Texas counters that social media platforms are common carriers that must host all users’ speech because they provide equal and open-access services to users. Texas also contends that the bill preserves social media platforms’ right to express their views on posted content, and neutrally applies to all user expressions irrespective of their content because it only permits removing content outside of First Amendment protection. This case will significantly impact social media corporations and state governments because it determines the extent of latitude big social media corporations have in implementing content mediation policy. 

Questions as Framed for the Court by the Parties

Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements.

The Texas state legislature passed House Bill 20 (“HB 20”) on September 9, 2021, prohibiting large social media platforms from censoring users based on their viewpoints. NetChoice, LLC v.

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Moody v. NetChoice, LLC

Issues

Is the First Amendment violated when a state imposes content-moderation restrictions on social media companies’ ability to censure its posts or users or when a state imposes individualized-explanation requirements when social media companies censor their posts or users?

This case asks the Supreme Court to decide whether the First Amendment is violated when states impose content-moderation restrictions and require individualized explanations for social media companies to censure posts or users. Florida Attorney General Moody argues that the content-moderation laws only regulate content and not speech and that intermediate scrutiny applies. Moody also argues that social media companies are analogous to common carriers which are subject to regulations, and providing individualized explanations are not unduly burdensome to the well-funded social media companies. NetChoice counters that the content-moderation laws restrict editorial discretion, that its members are not common carriers, strict scrutiny applies to the content-moderation laws, and that the individual-explanation requirements are too burdensome. The outcome of this case has significant implications for the ability of social media companies to monitor posts on their platforms.

Questions as Framed for the Court by the Parties

Issues: (1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment.

On August 1, 2021, Senate Bill (“SB”) 7072 took effect in the state of Florida. NetChoice, LLC v. Attorney General at 7. The Bill’s purpose is to protect Floridians from censorship on popular social media sites. Id. at 7. Specifically, Governor Ron DeSantis said that the Bill was created to “fight against big tech oligarchs that . . .

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McIntosh v. United States

Issues

Can a federal trial court enter a criminal forfeiture order outside the time limitation set forth in Federal Rule of Criminal Procedure 32.2(b)(2)(B)?

This case presents the Supreme Court with the question of whether a federal district court can order a criminal forfeiture of property when it failed to enter a preliminary order of forfeiture in the time frame required by Federal Rule of Criminal Procedure 32.2(b)(2)(B). Petitioner Louis McIntosh argues that Rule 32.2(b)(2)(B)’s timing requirement is a mandatory claims processing rule. The United States, as respondent, argues that failure to enter the preliminary forfeiture order should not deprive a district court of its authority to order forfeiture at sentencing. The Court's decision in this matter will affect the ability of criminal defendants to suggest changes to forfeiture orders and prosecutors’ discretion in filing such orders.

Questions as Framed for the Court by the Parties

Whether the district court possessed the authority to order forfeiture when it ordered forfeiture at sentencing and in the judgment of conviction but failed to enter a preliminary order of forfeiture under Federal Rule of Criminal Procedure 32.2(b) within the timeframe contained in that rule.

In 2011, the federal government issued an indictment against Petitioner Louis McIntosh (“McIntosh”) and several accomplices, charging them with multiple offenses of Hobbs Act robbery and firearms violations. United States v. McIntosh at 608. These charges were linked to a spree of violent robberies and attempts that took place from 2009 to 2011.

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Garland v. Cargill

Issues

Are semi-automatic rifles equipped with bump stocks considered machineguns under the National Firearms Act of 1934?

This case asks the Supreme Court to determine whether a semi-automatic rifle equipped with a bump stock device is considered a “machinegun” under the National Firearms Act of 1934. A bump stock device is a rifle attachment that increases a semi-automatic rifle’s rate of fire. In 2018, in response to a mass shooting in Las Vegas, the government issued a new regulation interpreting the National Firearms Act, which prohibits machineguns, to also prohibit bump stock devices. Michael Cargill, who was forced to surrender several bump stock devices to the government, argues that a bump stock is not a machinegun, because a bump stock does not allow a semi-automatic rifle to fire more than one shot “by a single function of the trigger” or allow such a weapon to fire “automatically.” The government contends that a bump stock is a machinegun, and that legislative history and congressional intent support its interpretation of the statute. The outcome of this case has important ramifications on the risk of mass shootings and deaths in crowded areas, Second Amendment rights, and the ability of federal agencies to interpret federal statutes.

Questions as Framed for the Court by the Parties

Whether a bump stock device is a “machinegun” as defined in 26 U.S.C. § 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires “automatically more than one shot . . . by a single function of the trigger.”

Since Congress passed the National Firearms Act of 1934, federal law has regulated machine guns. Cargill v. Garland at 2. The Act defines “machinegun” as “any weapon which shoots . . . automatically more than one shot . . .

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Coinbase, Inc. v. Suski

Issues

Can a subsequent agreement to a platform’s contest terms alter the terms of an arbitration delegation clause originally agreed to in the platform’s general user agreement?

Petitioner Coinbase seeks to reverse the Ninth Circuit’s ruling that a subsequent contract regarding the terms for a contest with the contest platform’s registered users limits the scope of the platform’s general user agreement on arbitration and how that scope is determined. The parties dispute whether original agreement’s text forecloses subsequent modification and whether the Federal Arbitration Act and California contract law govern that determination. The outcome of this case carries implications for contract predictability, the authority of arbitrators, and the power of the Federal Arbitration Act.

Questions as Framed for the Court by the Parties

Whether, where parties enter into an arbitration agreement with a delegation clause, an arbitrator or a court should decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation. 

In January 2018, David Suski opened a Coinbase account. Suski v. Marden-Kane. Upon opening his account, Suski agreed to the arbitration provision listed in the Coinbase User Agreement. Suski v. Coinbase.

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Cantero v. Bank of America

Issues

Does requiring a national bank to pay interest on escrow accounts attached to its mortgages under New York’s minimum interest-on-escrow law unconstitutionally infringe on the bank’s exercise of its federal power under the National Bank Act?

This case asks the Supreme Court to consider to what extent nationally-chartered banks should be shielded from state banking regulations on mortgage escrow accounts. Alex Cantero argues that the Second Circuit’s standard for preemption based on control is improper, and that the Court must evaluate the actual impact the interest-on-escrow law has on bank operations. Bank of America maintains that the state law is preempted because it both impermissibly exerts control over bank operations and also significantly hinders national banks’ exercise of their federally-granted powers. This case has significant implications not only for mortgage escrow accounts but also for states’ capacity to regulate other practices and products of federally-chartered banks.

Questions as Framed for the Court by the Parties

Whether the National Bank Act preempts the application of state escrow-interest laws to national banks.

The core banking powers of federally chartered banks such as the power to lend come from the National Bank Act (“NBA”). Brief for Respondent, Bank of America at 1. Under the NBA, chartering, regulation, and supervision of national banks are overseen by the Office of Comptroller of the Currency (“OCC”).

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Ohio v. Environmental Protection Agency

Issues

Should the Supreme Court stay implementation of the EPA’s “Good Neighbor Plan,” a federal default implementation plan for emissions reduction, after that organization disapproved of the emissions reductions plans of twenty-three different states and attempted to implement their own federal plan?

This challenge to administrative action by numerous states, including Ohio (“Ohio et al.”) asks the Court to determine whether a stay of enforcement of the Environmental Protection Agency (“EPA”) default emissions regulations, named the “Good Neighbor Provision,” is appropriate, pending review of the legality of the EPA’s action under the Clean Air Act (CAA). Ohio et al. maintain that they are requesting a stay, which should be approved when considering the irreparable harm to state parties as a result of the implementation of the federal-default rule. Meanwhile, the EPA claims Ohio et al. are actually requesting an injunction, which should only be granted in exceptional circumstances. Ohio et al. further argue that the agency’s disapproval of their state-level implementation plans was an “arbitrary and capricious” action because the EPA failed to consider that state courts would limit the applicability of the federal-implementation plan, leading to a less effective rule. The EPA counters that its consideration of the “reasonableness” of the plan was adequate at the time of its initial promulgation and that it was not required to consider subsequent legal action. The outcome of this case has significant implications regarding the transition to greener energy, specifically related to economic costs, and the success of environmental goals.

Questions as Framed for the Court by the Parties

(1) Whether the court should stay the Environmental Protection Agency’s federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule are reasonable regardless of the number of states subject to the rule.

Under the Clean Air Act (“CAA”), states are required to submit a plan that provides for the “implementation, maintenance, and enforcement” of ambient air quality standards consistent with those promulgated by the Environmental Protection Agency (“EPA”).

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Corner Post, Inc. v. Board of Governors of the Federal Reserve System

Issues

Whether a plaintiff’s Administrative Procedure Act claim “first accrues” under 28 U.S.C. § 2401(a) when an agency issues a rule—regardless of whether that rule injures the plaintiff on that date—or when the rule first causes a plaintiff to “suffer[] legal wrong” or be “adversely affected or aggrieved.”

This case asks the Supreme Court to decide whether Corner Post, Inc.’s (“Corner Post”) claim under the Administrative Procedure Act was barred under a particular statute of limitation, and whether that six-year statute began running 2011 when the Board of Governors of the Federal Reserve (“Federal Reserve”) published their regulation, or in 2018 when Corner Post was first founded and affected by it. Corner Post asserts that interpreting statutes of limitations to start when harm is inflicted on plaintiffs is consistent with historic models of statutory interpretation and fairness. The Federal Reserve counters that the statute in question was clear in its terms and intentions to give administrative agencies a distinct time period during which to expect legal challenges, and as such the six-year statute would begin with the promulgation of the regulation. The outcome of this case has serious implications for administrative law and statutory interpretation, particularly with respect to the practicability of suing agencies for long-standing policies.

Questions as Framed for the Court by the Parties

Whether a plaintiff’s Administrative Procedure Act claim “first accrues” under 28 U.S.C. § 2401(a) when an agency issues a rule—regardless of whether that rule injures the plaintiff on that date—or when the rule first causes a plaintiff to “suffer[] legal wrong” or be “adversely affected or aggrieved.”

In 2010, Congress amended the Electronic Fund Transfer Act to address fees for consumer debit transactions charged to merchants, “interchange fees,” by debit-card-issuing banks (e.g., Visa and Mastercard).  

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Warner Chappell Music, Inc. v. Nealy

Issues

Under federal copyright law, can a plaintiff recover damages for infringements over three years before the filing of a lawsuit when the plaintiff discovered or should have discovered the infringement within three years of the lawsuit?

This case asks the Supreme Court to decide whether a copyright plaintiff can recover damages for infringements over three years before the filing of a lawsuit if the plaintiff discovered or should have discovered the infringement within three years of the filing of the lawsuit. Petitioners Warner Chappell Music, Inc., and Artist Publishing Group, LLC, contend that the discovery rule, which provides that a claim accrues when plaintiff discovered or should have discovered the infringement, is inapplicable because the statute of limitations commences at the time of infringement, marking the completion of the cause of action. Additionally, Petitioners assert that applying the discovery rule would contravene Congress’s intent, as the language pertaining to the discovery rule is intentionally absent from the copyright provision. On the other hand, Respondents Nealy and Music Specialist, Inc. argue that Petitioners’ challenge on the discovery rule exceeds the scope of the issue presented to the Supreme Court, as the lower courts already presumed the application of the discovery rule in this case. Respondents also posit that introducing a separate damages bar—a cap on damages that can be awarded to a plaintiff—in federal copyright cases would undermine Congress’s purpose, as copyright law does not impose such a bar. This case will affect the scope of infringement cases initiated by copyright holders and alter the burden of proof for each party in future copyright cases.

Questions as Framed for the Court by the Parties

Whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act’s statute of limitations for civil actions, 17 U.S.C. § 507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.

In 1983, Sherman Nealy and Tony Butler founded Music Specialist, Inc. (“MSI”), a record company, with Nealy and Butler as co-presidents. Nealy v. Warner Chappell Music, Inc. at 4. Between 1983–1986, Butler wrote music that MSI released, including the five singles at issue in this case. Id. MSI dissolved in 1986. Id. From 1989 to 2008, Nealy served a prison sentence for cocaine distribution.

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