List of pending United States Supreme Court cases

This is a list of cases before the United States Supreme Court that the Court has agreed to hear and has not yet decided.^[1][2][3]

Future argument dates are in parentheses; arguments in these cases have been scheduled, but have not, and potentially may not, take place.

October Term 2023 cases

Case	Docket no.	Question(s) presented	Certiorari granted	Oral argument
Acheson Hotels, LLC v. Laufer	22-429	Whether a self-appointed Americans with Disabilities Act of 1990 "tester" has Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation.	March 27, 2023	October 4, 2023
Alexander v. South Carolina State Conference of the NAACP	22-807	Whether courts must apply a presumption of good faith to a legislature's racial intent when considering a challenge to legislative districts; whether courts must disentangle race from politics when considering such challenges; and whether courts must consider a district's compliance with traditional districting principles before finding that the legislature predominantly considered race when drawing districts.	May 15, 2023	October 11, 2023
Bissonnette v. LePage Bakeries Park St., LLC	23-51	To be exempt from the Federal Arbitration Act, must a class of workers that is actively engaged in interstate transportation also be employed by a company in the transportation industry?	September 29, 2023
Brown v. United States	22-6389 22-6640	Petition in 22-6389: Which version of federal law should a sentencing court consult under ACCA’s categorical approach? Petition in 22-6640: Whether the "serious drug offense" definition in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules that were in effect at the time of the federal firearm offense (as the Third, Fourth, Eighth, and Tenth Circuits have held), or the federal drug schedules that were in effect at the time of the prior state drug offense (as the Eleventh Circuit held below).	May 15, 2023	(November 27, 2023)
Cantero v. Bank of America, N.A.	22-529	Does the National Bank Act preempt the application of state escrow-interest laws to national banks?	October 13, 2023
Campos-Chaves v. Garland	22-674 22-884	Petition in 22-674: Whether the government provides notice "required under" and "in accordance with paragraph (1) or (2) of" 8 U.S.C. § 1229(a) when it serves an initial notice document that does not include the "time and place" of proceedings followed by an additional document containing that information, such that an immigration court must enter a removal order in absentia and deny a noncitizen's request to rescind that order. Petition in 22-884: Whether the failure to receive, in a single document, all of the information specified in paragraph (1) of 8 U.S.C. § 1229(a) precludes an additional document from providing adequate notice under paragraph (2) of that section, and renders any in-absentia removal order subject, indefinitely, to rescission.	June 30, 2023	(January 8, 2024)
Coinbase, Inc. v. Suski	23-3	Where parties enter into an arbitration agreement with a delegation clause, should an arbitrator or a court decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation?	November 3, 2023
Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited	22-448	Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. § 5497, violates the appropriations clause in Article I, Section 9 of the Constitution, and in vacating a regulation promulgated at a time when the Bureau was receiving such funding.	February 27, 2023	October 3, 2023
Corner Post, Inc. v. Board of Governors of the Federal Reserve System	22-1008	Does a plaintiff’s Administrative Procedure Act claim "first accrue[]" under 28 U.S.C. §2401(a) when an agency issues a rule—regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)—or when the rule first causes a plaintiff to "suffer[] legal wrong" or be "adversely affected or aggrieved" (as the Sixth Circuit has held)?	September 29, 2023
Culley v. Marshall	22-585	Whether district courts, in determining whether the due process clause requires a state or local government to provide a post-seizure probable-cause hearing prior to a statutory judicial-forfeiture proceeding and, if so, when such a hearing must take place, should apply the "speedy trial" test employed in United States v. $8,850 and Barker v. Wingo or the three-part due process analysis set forth in Mathews v. Eldridge.	April 17, 2023	October 30, 2023
Department of Agriculture Rural Development Rural Housing Service v. Kirtz	22-846	Whether the civil-liability provisions of the Fair Credit Reporting Act unequivocally and unambiguously waive the sovereign immunity of the United States.	June 20, 2023	November 6, 2023
Devillier v. Texas	22-913	May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?	September 29, 2023	(January 16, 2024)
Diaz v. United States	23-14	In a prosecution for drug trafficking-where an element of the offense is that the defendant knew she was carrying illegal drugs-does Rule 704(b) permit 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?	November 13, 2023
Federal Bureau of Investigation v. Fikre	22-1178	Whether respondent's claims challenging his placement on the No Fly List are moot.	September 29, 2023	(January 8, 2024)
Garland v. Cargill	22-976	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."	November 3, 2023
Gonzalez v. Trevino	22-1025	(1) Whether the Nieves v. Bartlett probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened; and (2) whether the Nieves probable cause rule is limited to individual claims against arresting officers for split-second arrests.	October 13, 2023
Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC	22-500	Whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the "strong public policy" of the state whose law is displaced.	March 6, 2023	October 10, 2023
Harrington v. Purdue Pharma L.P.	23-124	Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants' consent.	August 10, 2023	(December 4, 2023)
Lindke v. Freed	22-611	Whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.	April 24, 2023	October 31, 2023
Loper Bright Enterprises v. Raimondo	22-451 22-1219	Whether the court should overrule Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.	May 1, 2023	(January 17, 2024)
Macquarie Infrastructure Corporation v. Moab Partners, L.P.	22-1165	Whether the Second Circuit erred in holding—in conflict with the Third, Ninth, and Eleventh Circuits—that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise-misleading statement.	September 29, 2023	(January 16, 2024)
McElrath v. Georgia	22-721	Whether the Double Jeopardy Clause of the Fifth Amendment prohibits a second prosecution for a crime of which a defendant was previously acquitted.	June 30, 2023	(November 28, 2023)
McIntosh v. United States	22-7386	Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Rule 32.2, Fed.R.Crim.P.?	September 29, 2023
Moody v. NetChoice, LLC NetChoice v. Paxton	22-277 22-555	(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.	September 29, 2023
Moore v. United States	22-800	Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.	June 26, 2023	(December 5, 2023)
Muldrow v. City of St. Louis	22-193	Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?	June 30, 2023	(December 6, 2023)
Murray v. UBS Securities, LLC	22-660	Whether, following the burden-shifting framework that governs cases under the Sarbanes-Oxley Act of 2002, a whistleblower must prove his employer acted with a "retaliatory intent" as part of his case in chief, or whether the lack of "retaliatory intent" is part of the affirmative defense on which the employer bears the burden of proof.	May 1, 2023	October 10, 2023
Murthy v. Missouri	23-411	(1) Whether respondents have Article III standing; and (2) whether the government's challenged conduct transformed private social-media companies' content-moderation decisions into state action and violated respondents' First Amendment rights; and (3) whether the terms and breadth of the preliminary injunction are proper.	October 20, 2023
National Rifle Association of America v. Vullo	22-842	Does the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government's own hostility to the speaker's viewpoint or (b) a perceived "general backlash" against the speaker's advocacy?	November 3, 2023
O'Connor-Ratcliff v. Garnier	22-324	Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social-media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty.	April 24, 2023	October 31, 2023
Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC	22-1238	Whether the appropriate remedy for the constitutional uniformity violation found by this Court in Siegel v. Fitzgerald is to require the United States Trustee to grant retrospective refunds of the increased fees paid by debtors in United States Trustee districts during the period of disuniformity, or is instead either to deem sufficient the prospective remedy adopted by Congress or to require the collection of additional fees from a much smaller number of debtors in Bankruptcy Administrator districts.	September 29, 2023	(January 9, 2024)
Pulsifer v. United States	22-340	Whether a defendant satisfies the criteria in 18 U.S.C. § 3553(f)(1) as amended by section 402(a) of First Step Act of 2018 in order to qualify for the federal drug-sentencing "safety valve" provision so long as he does not have (a) more than four criminal history points, (b) a three-point offense, and (c) a two-point offense, or whether the defendant satisfies the criteria so long as he does not have (a), (b), or (c).	February 27, 2023	October 2, 2023
Rudisill v. McDonough	22-888	Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill and the Post-9/11 GI Bill is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit.	June 26, 2023	November 8, 2023
SEC v. Jarkesy	22-859	(1) Whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; and (2) whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; and (3) whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.	June 30, 2023	(November 29, 2023)
Sheetz v. County of El Dorado	22-1074	Whether a permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard simply because it is authorized by legislation.	September 29, 2023	(January 9, 2024)
Smith v. Arizona	22-899	Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst.	September 29, 2023	(January 10, 2024)
Truck Insurance Exchange v. Kaiser Gypsum Company, Inc.	22-1079	Whether an insurer with financial responsibility for a bankruptcy claim is a "party in interest" that may object to a Chapter 11 plan of reorganization.	October 13, 2023
United States v. Rahimi	22-915	Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.	June 30, 2023	November 7, 2023
Vidal v. Elster	22-704	Whether the refusal to register a trademark under 15 U.S.C. § 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure.	June 5, 2023	November 1, 2023
Warner Chappell Music, Inc. v. Nealy	22-1078	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.	September 29, 2023
Wilkinson v. Garland	22-666	Whether an agency determination that a given set of established facts does not rise to the statutory standard of "exceptional and extremely unusual hardship" is a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i).	June 30, 2023	(November 28, 2023)

See also

• List of United States Supreme Court cases by the Roberts Court
• 2023 term opinions of the Supreme Court of the United States

Notes

References

1. "2022–23 Term". Oyez. Retrieved July 1, 2022.
2. "Calendars and Lists". www.supremecourt.gov. Retrieved January 8, 2021.
3. "October Term 2022 Cases for Argument" (PDF). supremecourt.gov. Retrieved June 11, 2022.