Supreme Court returns Monday, September 30 for the Long Conference and Monday, October 7 for the October sitting

List of the cases accepted so far for the October 2024 Term.

Some of the more notable cases:

Garland v. VanDerStok, No. 23-852 [Arg: 10.8.2024]

Issue(s): (1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “a partially complete, disassembled, or nonfunctional frame or receiver” that is “designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act.

Glossip v. Oklahoma, No. 22-7466 [Arg: 10.9.2024]

Issue(s): (1) Whether the state’s suppression of the key prosecution witness’ admission that he was under the care of a psychiatrist and failure to correct that witness’ false testimony about that care and related diagnosis violate the due process of law under Brady v. Maryland and Napue v. Illinois; (2) whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims; (3) whether due process of law requires reversal where a capital conviction is so infected with errors that the state no longer seeks to defend it; and (4) whether the Oklahoma Court of Criminal Appeals’ holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment.

U.S. v. Skrmetti, No. 23-477

Issue(s): Whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow “a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex” or to treat “purported discomfort or distress from a discordance between the minor’s sex and asserted identity,” violates the equal protection clause of the 14th Amendment.

The Glossip case is particularly interesting.

Even the State of Oklahoma admits the conviction is flawed, yet the Supreme Court may uphold it on technicalities of the limitations on habeas review.

The Supreme Court released the grants from the Long Conference this morning. The remainder of the Orders from the Long Conference will be released Monday.

23-971 WAETZIG, GARY V. HALLIBURTON ENERGY SERVICES

23-1007 CUNNINGHAM, CASEY, ET AL. V. CORNELL UNIV., ET AL.

23-1039 AMES, MARLEAN A. V. OH DEPT. OF YOUTH SERVICES

23-1095 THOMPSON, PATRICK D. V. UNITED STATES

23-1141 SMITH & WESSON BRANDS, ET AL. V. ESTADOS UNIDOS MEXICANOS

23-1187 FDA, ET AL. V. R.J. REYNOLDS VAPOR CO., ET AL.

The petitions for writs of certiorari are granted.

23-1201 ) CC/DEVAS LTD., ET AL. V. ANTRIX CORP. LTD., ET AL. )

24-17 ) DEVAS MULTIMEDIA PRIVATE LTD. V. ANTRIX CORP. LTD., ET AL.

The petitions for writs of certiorari are granted. The cases are consolidated, and a total of one hour is allotted for oral argument.

23-1226 McLAUGHLIN CHIROPRACTIC ASSOC. V. McKESSON CORP., ET AL.

23-1239 BARNES, JANICE H. V. FELIX, ROBERTO, ET AL.

23-1259 BLOM BANK SAL V. HONICKMAN, MICHAL, ET AL.

The petitions for writs of certiorari are granted.

23-1300 ) NRC, ET AL. V. TEXAS, ET AL. )

23-1312 ) INTERIM STORAGE PARTNERS, LLC V. TEXAS, ET AL.

The petitions for writs of certiorari are granted. The cases are consolidated, and a total of one hour is allotted for oral argument.

23-1324 PERTTU, THOMAS V. RICHARDS, KYLE B.

The petition for a writ of certiorari is granted.

23-7809 GUTIERREZ, RUBEN V. SAENZ, LUIS, ET AL.

The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.

Most of the above cases involve procedural issues, but two cases of interest.

23-1141 is the lawsuit between Mexico and various gun manufacturers over responsibility for gun trafficking in Mexico.

Issues:

1. Whether the production and sale of firearms in the United States is the “proximate cause” of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico.

2. Whether the production and sale of firearms in the United States amounts to “aiding and abetting” illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.

23-1239 is an excessive force case.

Issue:

Whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment.