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]

Cases

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

Case Question Granted cert. Argument date
Americans for Prosperity v. Becerra Whether the exacting scrutiny this Court has long required of laws that abridge the freedoms of speech and association outside the election context—as called for by NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), and its progeny—can be satisfied absent any showing that a blanket overnmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest. January 8, 2021
AMG Capital Management v. FTC Whether § 13(b) of the Federal Trade Commission Act, by authorizing “injunction[s],” also authorizes the Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief. July 9, 2020 January 13, 2021
Biden v. Sierra Club (1) Whether respondents have a cognizable cause of action to obtain review of the acting secretary of defense’s compliance with a proviso in Section 8005 of the Department of Defense Appropriations Act that the secretary’s authority to transfer funds internally between DOD appropriations accounts “may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress”; and (2) whether in 2019 the acting secretary exceeded his statutory authority under Section 8005 by transferring approximately $2.5 billion in response to a request from the Department of Homeland Security for counterdrug assistance under 10 U.S.C. 284, including in the form of construction of fences along the southern border of the United States. October 19, 2020
Cochran v. Gresham Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in concluding that the secretary of health and human services may not authorize demonstration projects to test requirements that are designed to promote the provision of health-care coverage by means of facilitating the transition of Medicaid beneficiaries to commercial coverage and improving their health. December 4, 2020 (March 29, 2021)
Borden v. United States Does a crime whose mens rea is "recklessness" qualify as a 'violent felony' under the Armed Career Criminal Act of 1984? March 2, 2020 November 3, 2020
BP P.L.C. v. Mayor and City Council of Baltimore Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court when the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443? October 2, 2020 January 19, 2021
Brnovich v. Democratic National Committee (1) Whether Arizona’s out-of-precinct policy, which does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct, violates Section 2 of the Voting Rights Act; and (2) whether Arizona’s ballot-collection law, which permits only certain persons (i.e., family and household members, caregivers, mail carriers and elections officials) to handle another person’s completed early ballot, violates Section 2 of the Voting Rights Act or the 15th Amendment. October 2, 2020 (March 2, 2021)
Brownback v. King Does a final judgment in favor of the United States under the Federal Tort Claims Act bar an identical claim under Bivens v. Six Unknown Named Agents? March 30, 2020 November 9, 2020
California v. Texas Does the elimination of the Affordable Care Act's individual mandate with the passage of the Tax Cuts and Jobs Act of 2017 invalidate other parts of the law? March 2, 2020 November 10, 2020
Caniglia v. Strom Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. November 20, 2020 (March 24, 2021)
Carr v. Saul Whether a claimant seeking disability benefits under the Social Security Act forfeits an appointments-clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings. November 9, 2020 (March 3, 2021)
Cedar Point Nursery v. Hassid Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment. November 13, 2020 (March 22, 2021)
CIC Services, LLC v. Internal Revenue Service Does the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bar challenges to unlawful regulatory mandates issued by administrative agencies that are not taxes? May 5, 2020 December 1, 2020
Collins v. Mnuchin (1) Does the Federal Housing Finance Agency's (FHFA) structure violate the separation of powers, and (2) Whether the courts must set aside a final agency action that FHFA took when it was unconstitutionally structured and strike down the statutory provisions that make FHFA independent? July 9, 2020 December 9, 2020
Department of Justice v. House Committee on the Judiciary Is an impeachment trial before a legislative body a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure? June 2, 2020
Edwards v. Vannoy Does the Court's decision in Ramos v. Louisiana apply retroactively to cases on federal collateral review? May 5, 2020 December 2, 2020
Facebook v. Duguid Whether the definition of an "automatic telephone dialing system" in the Telephone Consumer Protection Act of 1991 encompasses any device that can "store" and "automatically dial" telephone numbers, even if the device does not "us[e] a random or sequential number generator". July 9, 2020 December 8, 2020
Federal Communications Commission v. Prometheus Radio Project Whether the U.S. Court of Appeals for the 3rd Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which, among other things, relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions? October 2, 2020 January 19, 2021
Florida v. Georgia Whether Florida is entitled to equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin and appropriate injunctive relief against Georgia to sustain an adequate flow of fresh water into the Apalachicola Region. November 3, 2014 (February 22, 2021)
Ford Motor Company v. Montana Eighth Judicial District Court Is the “arise out of or relate to” requirement for a state court to exercise specific personal jurisdiction over a nonresident defendant under Burger King Corp. v. Rudzewicz met when none of the defendant’s forum contacts caused the plaintiff’s claims? January 17, 2020 October 7, 2020
Fulton v. Philadelphia (1) Can free exercise plaintiffs only succeed by proving a particular type of discrimination claim — namely that the government would allow the same conduct by someone who held different religious views — or must courts consider other evidence that a law is not neutral and generally applicable? (2) Should Employment Division v. Smith be revisited? (3) Does a government violate the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on conduct that contradicts the agency’s religious beliefs? February 24, 2020 November 4, 2020
Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System (1) Whether a defendant in a securities class action may rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson by pointing to the generic nature of the alleged misstatements in showing that the statements had no impact on the price of the security, even though that evidence is also relevant to the substantive element of materiality; and (2) whether a defendant seeking to rebut the Basic presumption has only a burden of production or also the ultimate burden of persuasion. December 11, 2020 (March 29, 2021)
Google LLC v. Oracle America, Inc. (1) Does copyright protection extend to a software interface? (2) Does the petitioner’s use of a software interface in the context of creating a new computer program constitute fair use? November 15, 2019 October 7, 2020
Greer v. United States' Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity, or public reputation of the trial? January 8, 2021
Guam v. United States 1. Whether a non-Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) settlement can trigger a contribution claim under CERCLA Section 113(f)(3)(B). 2. Whether a settlement that expressly disclaims any liability determination and leaves the settling party exposed to future liability can trigger a contribution claim under CERCLA Section 113(f)(3)(B). January 8, 2021
Hollyfrontier Cheyenne v. Renewable Fuels Assn. In order to qualify for a hardship exemption under § 7545(o)(9)(B)(i) of the Renewable Fuel Standards, does a small refinery need to receive uninterrupted, continuous hardship exemptions for every year since 2011. January 8, 2021
John Doe vs. Nestle Inc. May an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, overcome the extra-territoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms to that activity? June 2, 2020 December 1, 2020
Jones v. Mississippi Does the Eighth Amendment require the sentencing authority to find that a juvenile is incorrigible before imposing a sentence of life without parole? March 9, 2020 November 3, 2020
Lange v. California Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an exigent circumstance sufficient to allow the officer to enter a home without a warrant. October 19, 2020 (February 24, 2021)
Mahanoy Area School District v. B.L. Whether Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), which holds that public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school, applies to student speech that occurs off campus. January 8, 2021
Minerva Surgical, Inc. v. Hologic, Inc. Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits. January 8, 2021
Mnuchin v. Confederated Tribes Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1). January 8, 2021
National Collegiate Athletic Association v. Alston Whether the U.S. Court of Appeals for the 9th Circuit erroneously held, in conflict with decisions of other circuits and general antitrust principles, that the National Collegiate Athletic Association eligibility rules regarding compensation of student-athletes violate federal antitrust law. December 16, 2020 (March 31, 2021)
Niz-Chavez v. Wilkinson To serve notice in accordance with 8 U.S.C. § 1229(a) and trigger the stop-time rule, must the government serve a specific document that includes all the information identified in section 1229(a), or may it serve that information over the course of as many documents and as much time as it chooses? June 8, 2020 November 9, 2020
Pekoske v. Innovation Law Lab (1) Whether the Department of Homeland Security policy known as the Migrant Protection Protocols is a lawful implementation of the statutory authority conferred by 8 U.S.C. 1225(b)(2)(C); (2) whether MPP is consistent with any applicable and enforceable non-refoulement obligations; (3) whether MPP is exempt from the Administrative Procedure Act requirement of notice-and-comment rulemaking; and (4) whether the district court’s universal preliminary injunction is impermissibly overbroad. October 19, 2020
PennEast Pipeline Co. v. New Jersey (1) Whether the Natural Gas Act delegates to Federal Energy Regulatory Commission certificate-holders the authority to exercise the federal government’s eminent-domain power to condemn land in which a state claims an interest. (2) Did the Court of Appeals properly exercise jurisdiction over this case? February 3, 2021
Pereida v. Wilkinson Does a criminal conviction bar a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act? December 18, 2019 October 14, 2020
Pham v. Chavez Is the detention of an alien, who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal, governed by 8 U.S.C. § 1231 or 8 U.S.C. § 1226? June 15, 2020 January 11, 2021
Rosen v. Dai Whether a court of appeals may conclusively presume that an asylum applicant’s testimony is credible and true whenever an immigration judge or the Board of Immigration Appeals adjudicates an application without making an explicit adverse credibility determination? October 2, 2020 (February 23, 2021)
San Antonio v. Hotels.com Whether, as the Fifth Circuit alone has held, district courts “lack[] discretion to deny or reduce” appellate costs deemed “taxable” in district court under Fed. R. App. P. 39(e). January 8, 2021
Sanchez v. Pekoske Whether, under 8 U.S.C. § 1254a(f)(4), a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255. January 8, 2021
Terry v. United States Whether pre-August 3, 2010 crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.

1

 January 8, 2021
Torres v. Madrid Is an unsuccessful attempt to detain a suspect a "seizure" within the meaning of the Fourth Amendment? December 18, 2019 October 14, 2020
TransUnion LLC v. Ramirez Whether either Article III or Federal Rule of Civil Procedure 23 permits a damages class action when the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered. December 16, 2020 (March 30, 2021)
United States v. Arthrex, Inc. (1) Whether, for purposes of the Constitution’s appointments clause, administrative patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by the president with the Senate’s advice and consent, or “inferior Officers” whose appointment Congress has permissibly vested in a department head; and (2) whether, if administrative patent judges are principal officers, the court of appeals properly cured any appointments clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. § 7513(a) to those judges. October 13, 2020 (March 1, 2021)
United States v. Cooley Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search the respondent, Joshua James Cooley, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law. November 20, 2020 (March 23, 2021)
United States v. Gary Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plainerror relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings. January 8, 2021
United States v. Palomar-Santiago Whether a defendant automatically satisfies all three of the prerequisites under 8 U.S.C. 1326(d) solely by showing that he was removed for a crime that would not be considered a removable offense under current circuit law, even if he cannot independently demonstrate administrative exhaustion or deprivation of the opportunity for judicial review. January 8, 2021
U.S. Fish and Wildlife Service v. Sierra Club Does exemption 5 of the Freedom of Information Act allow federal agencies to withhold draft documents prepared as part of a formal interagency consultation under the Endangered Species Act of 1973? March 2, 2020 November 2, 2020
Uzuegbunam v. Preczewski Whether a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right. July 9, 2020 January 12, 2021
Van Buren v. United States Does a person who is authorized to access information on a computer for certain purposes violate Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose? April 20, 2020 November 30, 2020

See also

References
  1. "2020-21". Oyez. Retrieved 2021-01-08.
  2. "Calendars and Lists". www.supremecourt.gov. Retrieved 2021-01-08.
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