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A case in which the Court will clarify the methodology for assessing ineffective assistance of counsel under Strickland v. Washington.
A case in which the Court will decide whether 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, includes acts unrelated to investigations and evidence.
A case in which the Court will decide whether a Fourth Amendment malicious-prosecution claim can proceed as to a baseless criminal charge so long as other charges brought alongside the baseless charge are supported by probable cause.
A case in which the Court will decide whether 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions.
A case in which the Court will decide whether the proceeds of a life insurance policy taken out by a closely held corporation on a shareholder in order to facilitate the redemption of the shareholder’s stock should be considered a corporate asset when calculating the value of the shareholder’s shares for purposes of the federal estate tax.
A case in which the Court will decide whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act.
A case in which the Court will resolve a challenge to the Food and Drug Administration’s 2016 and 2021 approval of the abortion drug mifepristone.
A case in which the Court will decide whether the 60-day filing deadline in 5 U.S.C. § 7703(b)(1)(A) is jurisdictional.
A case in which the Court will decide whether the Indian Health Service must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties.
A case in which the Court will decide whether to approve a consent decree resolving claims among Colorado, Texas, and New Mexico over the delivery of water from the Rio Grande Basin to Elephant Butte.
A case in which the Court will decide whether the probable-cause exception in Nieves v. Barlett can be satisfied by objective evidence other than specific examples of arrests that never happened; and whether Nieves is limited to individual claims against arresting officers for split-second arrests.
A case in which the Court will decide 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.
A case in which the Court will decide whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a plan of reorganization under Chapter 11 of the Bankruptcy Code.
A case in which the Court will decide whether a New York regulator’s discouragement of companies from doing business with the National Rifle Association after the Parkland school shooting constitutes coercion in violation of the First Amendment.
A case in which the Court will decide whether the government’s requests to large social media companies that they take steps to prevent the dissemination of purported misinformation constituted coercion and thus transformed those private companies’ content-moderation decisions into state action and violated users’ First Amendment rights.
A case in which the Court will decide whether, when parties enter into an arbitration agreement with a delegation clause, an arbitrator or a court decides whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation.
A case in which the Court will decide whether a bump stock device is a “machinegun” as defined in 26 U.S.C. § 5845(b).
A case in which the Court will decide whether the National Bank Act preempts the application of state escrow-interest laws to national banks.
A case in which the Court held that, because the relevant rules a time-related directive, a district court can enter a criminal forfeiture order when the time limit specified in the Federal Rules of Criminal Procedure has already passed.
A case in which the Court will decide whether a state law restricting social media platforms from engaging in editorial choices about whether, and how, to publish and disseminate speech and requiring them to submit to onerous operational and disclosure requirements violates the First Amendment.
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Footnote Kavanaugh
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What happened to this podcast? Why are there no new episodes?
53:03 has been written in history, Justice Thomas asks a question for the first time since 2016!
I wish the descriptions were a bit more detailed. It gets hard to keep up.
10 NEON 20.18. GOD