SCOTUS Oral Arguments

McElrath v. Georgia, No. 22-721

Argued on 2023-11-28.

For petitioner: Richard A. Simpson, Washington, D. C. For respondent: Stephen J. Petrany, Solicitor General, Atlanta, Ga.

Question Presented:

The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge arising from the same facts were logically and legally impossible to reconcile. It called the verdicts "repugnant," vacated both of them, and subsequently held that the defendant could be prosecuted a second time on both charges. Does the Double Jeopardy Clause of the Fifth Amendment prohibit a second prosecution for a crime of which a defendant was previously acquitted?

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:06) ORAL ARGUMENT OF RICHARD A. SIMPSON

(00:24:15) ORAL ARGUMENT OF STEPHEN J. PETRANY

(00:57:21) REBUTTAL ARGUMENT OF RICHARD A. SIMPSON

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

Wilkinson v. Garland, Att'y Gen., No. 22-666

Argued on 2023-11-28.

For petitioner: Jaime A. Santos, Washington, D. C. For respondent: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

Question Presented:

Under the Immigration and Nationality Act, the Attorney General has discretion to cancel removal of non-permanent residents who satisfy four eligibility criteria, including "that removal would result in exceptional and extremely unusual hardship" to the applicant's immediate family member who is a U.S. citizen or lawful permanent resident. 8 U.S.C. § 1229b(b)(l)(D). Congress stripped courts of jurisdiction to review cancellation-of-removal determinations, 8 U.S.C. § 1252(a)(2)(B)(i), but expressly preserved their jurisdiction to review "questions of law." Id. § 1252(a)(2)(D). And as this Court has already held, this "statutory phrase 'questions of law' includes the application of a legal standard to undisputed or established facts" — that is, a "mixed question of law and fact." Guerrero- Lasprilla u. Barr, 140 S. Ct. 1062, 1068-69 (2020). The question presented is whether an agency determination that a given set of established facts does not rise to the statutory standard of "exceptional and extremely unusual hardship" is a mixed question of law and fact reviewable under § 1252(a)(2)(D), as three circuits have held, or whether this determination is a discretionary judgment call unreviewable under § 1252(a)(2)(B)(i), as the court below and two other circuits have concluded.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:07) ORAL ARGUMENT OF JAIME A. SANTOS

(00:39:16) ORAL ARGUMENT OF COLLEEN SINZDAK

(01:25:09) REBUTTAL ARGUMENT OF JAIME A. SANTOS

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

Brown v. United States, No. 22-6389

Argued on 2023-11-27.

For petitioner Brown: Jeffrey T. Green, Washington, D. C. For petitioner Jackson: Andrew Adler, Assistant Federal Public Defender, Fort Lauderdale, Fla. For respondent: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.

Question Presented:

The Armed Career Criminal Act provides that felons who possess a firearm are normally subject to a maximum 10-year sentence. But if the felon already has at least three "serious drug offense" convictions, then the minimum sentence is fifteen years. Courts decide whether a prior state conviction counts as a serious drug offense using the categorical approach. That requires determining whether the elements of a state drug offense are the same as, or narrower than those of its federal counterpart. If so, the state conviction qualifies as an ACCA predicate. But federal drug law often changes-as here, where Congress decriminalized hemp, narrowing the federal definition of marijuana. If state law doesn't follow suit, sentencing courts face a categorical conundrum. Under an earlier version of federal law, the state and federal offenses match-and the state offense is an ACCA predicate. Under the amended version, the offenses do not match-and the state offense is not an ACCA predicate. So the version of federal law that the court chooses to consult dictates the difference between serving a 10-year maximum or a 15-year minimum. The question presented is: Which version of federal law should a sentencing court consult under ACCA's categorical approach?

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:06) ORAL ARGUMENT OF JEFFREY T. GREEN

(00:21:40) ORAL ARGUMENT OF ANDREW ADLER

(00:47:11) ORAL ARGUMENT OF AUSTIN RAYNOR

(01:21:44) REBUTTAL ARGUMENT OF ANDREW ADLER

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

Rudisill v. McDonough, Sec. of VA, No. 22-888

Argued on 2023-11-08.

For petitioner: Misha Tseytlin, Chicago, Ill. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

Question Presented:

Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill, 38 U.S.C. § 3001 et seq., and under the Post- 9/11 GI Bill, 38 U.S.C. § 3301 et seq., is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:06) ORAL ARGUMENT OF MISHA TSEYTLIN

(00:31:03) ORAL ARGUMENT OF VIVEK SURI

(01:06:29) REBUTTAL ARGUMENT OF MISHA TSEYTLIN

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

United States v. Rahimi, No. 22-915

Argued on 2023-11-07.

For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondent: J. Matthew Wright, Assistant Federal Public Defender, Amarillo, Tex.

Question Presented:

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.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:05) ORAL ARGUMENT OF GEN. ELIZABETH B. PRELOGAR

(00:48:03) ORAL ARGUMENT OF J. MATTHEW WRIGHT

(01:28:18) REBUTTAL ARGUMENT OF GEN. ELIZABETH B. PRELOGAR

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

Dept. of Agric. Rural Dev. v. Kirtz, No. 22-846

Argued on 2023-11-06.

For petitioner: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Nandan M. Joshi, Washington, D. C.

Question Presented:

Whether the civil-liability provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., unequivocally and unambiguously waive the sovereign immunity of the United States.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:07) ORAL ARGUMENT OF BENJAMIN W. SNYDER

(00:40:42) ORAL ARGUMENT OF NANDAN M. JOSHI

(01:16:07) REBUTTAL ARGUMENT OF BENJAMIN W. SNYDER

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

Vidal, Under Sec. of Comm. v. Elster, No. 22-704

Argued on 2023-11-01.

For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan E. Taylor, Washington, D. C.

Question Presented:

Section 1052(c) of Title 15 provides in pertinent part that a trademark shall be refused registration if it "[c]onsists of or comprises a name * * * identifying a particular living individual except by his written consent." 15 U.S.C. 1052(c). The question presented is as follows: Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:05) ORAL ARGUMENT OF MALCOLM L. STEWART

(00:39:54) ORAL ARGUMENT OF JONATHAN E. TAYLOR

(01:11:06) REBUTTAL ARGUMENT OF MALCOLM L. STEWART

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

Lindke v. Freed, No. 22-611

Argued on 2023-10-31.

For petitioner: Allon Kedem, Washington, D. C. For respondent: Victoria R. Ferres, Port Huron, Mich.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Question Presented:

Courts have increasingly been called upon to determine whether a public official who selectively blocks access to his or her social media account has engaged in state action subject to constitutional scrutiny. To answer that question, most circuits consider a broad range of factors, including the account's appearance and purpose. But in the decision below, the court of appeals rejected the relevance of any consideration other than whether the official was performing a "duty of his office" or invoking the "authority of his office." App. 5a. The question presented is: Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Merits Stage Brief of the United States (Green Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:06) ORAL ARGUMENT OF ALLON KEDEM

(00:27:37) ORAL ARGUMENT OF VICTORIA R. FERRES

(00:47:16) ORAL ARGUMENT OF MASHA G. HANSFORD

(01:12:04) REBUTTAL ARGUMENT OF ALLON KEDEM

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

O’Connor-Ratcliff v. Garnier, No. 22-324

Argued on 2023-10-31.

For petitioners: Hashim M. Mooppan, Washington, D. C.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Pamela S. Karlan, Stanford, Cal.

Question Presented:

Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official's personal social-media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Merits Stage Brief of the United States (Green Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:07) ORAL ARGUMENT OF HASHIM M. MOOPPAN

(00:47:24) ORAL ARGUMENT OF SOPAN JOSHI

(01:05:51) ORAL ARGUMENT OF PAMELA S. KARLAN

(01:37:27) REBUTTAL ARGUMENT OF HASHIM M. MOOPPAN

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

Culley v. Marshall, No. 22-585

Argued on 2023-10-30.

For petitioners: Shay Dvoretzky, Washington, D. C. For respondents: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala.; and Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington,

Question Presented:

In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the "speedy trial" test employed in United States v. $8,850 , 461 U.S. 555 (1983) and Barker v. Wingo , 407 U.S. 514 (1972), as held by the Eleventh Circuit or the three-part due process analysis set forth in Mathews v. Eldridge , 424 U.S. 319 (1976) as held by at least the Second, Fifth, Seventh, and Ninth Circuits.

Oral Argument Links:

• SCOTUS Oral Argument Page

• Transcript PDF

Docket Links:

• SCOTUS Docket Page

• Question Presented

• Petition for a Writ of Certiorari (White Br.)

• Brief in Opposition (Orange Br.)

• Reply Brief in Support of Petition (Tan Br.)

• Petitioner's Brief on the Merits (Blue Br.)

• Merits Stage Brief of the United States (Green Br.)

• Respondent's Brief on the Merits (Red Br.)

• Petitioner's Reply Brief on the Merits (Yellow Br.)

Chapters:

(00:00:00) Case Call

(00:00:06) ORAL ARGUMENT OF SHAY DVORETZKY

(00:49:55) ORAL ARGUMENT OF EDMUND G. LaCOUR, JR.

(01:21:23) ORAL ARGUMENT OF NICOLE F. REAVES

(01:34:32) REBUTTAL ARGUMENT OF SHAY DVORETZKY

Disclosure, Disclaimer, and Credits:

• Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity.

• Audio files from and links to the Supreme Court of the United States' website.

• Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y