7 more cases to go.
West Virginia v EPA is clearly the highest profile and most important. The Supreme Court may significantly rein in its authority. The Supreme Court is expected to further roll back the Establishment Clause in Kennedy v Bremerton. And, of course, Biden v Texas is self evident.
All cases from the October, November and December sittings have been decided.
January sitting
Concepcion v. U.S., No. 20-1650 [Arg: 1.19.2022 Trans./Aud.]
Issue(s): Whether, when deciding if it should “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018, a district court must or may consider intervening legal and factual developments.
February sitting
West Virginia v. Environmental Protection Agency, No. 20-1530 [Arg: 02.28.2022 Trans./Aud.]
Issue(s): Whether, in 42 U.S.C. § 7411(d), an ancillary provision of the Clean Air Act, Congress constitutionally authorized the Environmental Protection Agency to issue significant rules — including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy — without any limits on what the agency can require so long as it considers cost, nonair impacts and energy requirements.
Ruan v. U.S., No. 20-1410 [Arg: 03.1.2022 Trans./Aud.]
Issue(s): Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) without regard to whether, in good faith, he “reasonably believed” or “subjectively intended” that his prescriptions fall within that course of professional practice.
March sitting
Torres v. Texas Department of Public Safety, No. 20-603 [Arg: 03.29.2022 Trans./Aud.]
Issue(s): Whether Congress has the power to authorize suits against nonconsenting states pursuant to its constitutional war powers.
April sitting
Kennedy v. Bremerton School District, No. 21-418 [Arg: 04.25.2022 Trans./Aud.]
Issue(s): (1) Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection; and (2) whether, assuming that such religious expression is private and protected by the free speech and free exercise clauses, the establishment clause nevertheless compels public schools to prohibit it.
Biden v. Texas, No. 21-954 [Arg: 04.26.2022 Trans./Aud.]
Issue(s): (1) Whether 8 U.S.C. § 1225 requires the Department of Homeland Security to continue implementing the Migrant Protection Protocols, a former policy under which certain noncitizens arriving at the southwest border were returned to Mexico during their immigration proceedings; and (2) whether the U.S. Court of Appeals for the 5th Circuit erred by concluding that the secretary of homeland security’s new decision terminating MPP had no legal effect.
Oklahoma v. Castro-Huerta, No. 21-429 [Arg: 04.27.2022 Trans./Aud.]
Issue(s): Whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.
