Supreme Court October 2023 Term preview

The Supreme Court Long Conference will be Tuesday, September 26. The Supreme Court October 2023 Term (and October sitting) begins Monday, October 2.

Here are the highest profile cases (so far) of the term.

From the October sitting:

Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, No. 22-448 [Arg: 10.3.2023]

Issue(s): 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.

Alexander v. South Carolina State Conference of the NAACP, No. 22-807 [Arg: 10.11.2023]

Issue(s): (1) Whether the district court erred when it failed to apply the presumption of good faith and to holistically analyze South Carolina Congressional District 1 and the South Carolina General Assembly’s intent; (2) whether the district court erred in failing to enforce the alternative-map requirement in this circumstantial case; (3) whether the district court erred when it failed to disentangle race from politics; (4) whether the district court erred in finding racial predominance when it never analyzed District 1’s compliance with traditional districting principles; (5) whether the district court clearly erred in finding that the General Assembly used a racial target as a proxy for politics when the record showed only that the General Assembly was aware of race, that race and politics are highly correlated, and that the General Assembly drew districts based on election data; and (6) whether the district court erred in upholding the intentional-discrimination claim when it never even considered whether—let alone found that—District 1 has a discriminatory effect.

From the November sitting:

U.S. v. Rahimi, No. 22-915 [Arg: 11.7.2023]

Issue(s): 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.

Not yet scheduled for argument:

Loper Bright Enterprises v. Raimondo, No. 22-451

Issue(s): Whether the court should overrule Chevron v. Natural Resources Defense Council, 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.

Moore v. U.S., No. 22-800

Issue(s): Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.

Securities and Exchange Commission v. Jarkesy, No. 22-859

Issue(s): (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; (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.

Loper and Moore are the two top cases at the moment. Loper has the potential to overrule Chevron. Moore has the potential to forever bar the imposition of wealth taxes in the United States.

THIS is the Sackler case, which I inadvertently omitted from the OP.

Harrington v. Purdue Pharma L.P., No. 23-124

Issue(s): 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.