SCOTUS Oral Arguments

Alexander v. SC Conference of NAACP, No. 22-807

Argued on 2023-10-11.

For appellants: John M. Gore, Washington, D. C. For appellees: Leah C. Aden, New York, N. Y. For United States, as amicus curiae: Caroline A. Flynn,

Question Presented:

The three-judge district court never mentioned the presumption of the South Carolina General Assembly's good faith, analyzed Congressional District 1 as a whole, or examined the intent of the General Assembly as a whole. It also disregarded the publicly available election data used to draw District 1 and legislator testimony demonstrating that politics and traditional districting principles better explain District 1 than race. And it never identified an alternative map that achieved the General Assembly's political objectives while similarly adhering to traditional criteria. The court nonetheless held that a portion of District 1 is racially gerrymandered and discriminatory, and therefore permanently enjoined elections there. After an eight- day trial featuring more than twenty witnesses and hundreds of exhibits, the court rested this holding on its brief questioning of the experienced nonpartisan map drawer and its conclusion that he used a racial target as a proxy for politics in District 1. Plaintiffs did not pursue that theory at trial, and the court never explained why the General Assembly would use race as a proxy to draw lines for political reasons when it could (and did) use election data directly to do the job. The questions presented are: 1. Did the district court err when it failed to apply the presumption of good faith and to holistically analyze District 1 and the General Assembly's intent? 2. Did the district court err in failing to enforce the alternative-map requirement m this circumstantial case? 3. Did the district court err when it failed to disentangle race from politics? 4. Did the district court err in finding racial predominance when it never analyzed District l's compliance with traditional districting principles? 5. Did the district court clearly err 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? 6. Did the district court err in upholding the intentional discrimination claim when it never even considered whether-let alone found that-District 1 has a discriminatory effect?

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

(00:00:08) ORAL ARGUMENT OF JOHN M. GORE

(00:49:27) ORAL ARGUMENT OF LEAH C. ADEN

(01:31:06) ORAL ARGUMENT OF CAROLINE A. FLYNN

(01:59:48) REBUTTAL ARGUMENT OF JOHN M. GORE

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

Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22-500

Argued on 2023-10-10.

For petitioner: Jeffrey B. Wall, Washington, D. C. For respondent: Howard J. Bashman, Fort Washington, Pa.

Question Presented:

The questions presented are: 1. Under federal admiralty law, what is the standard for judging the enforcement of a choice of law clause in a maritime contract? 2. Under federal admiralty law, can a choice of law clause in a maritime contract be rendered unenforceable if enforcement is contrary to the "strong public policy" of the state whose law is displaced?

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 B. WALL

(00:32:42) ORAL ARGUMENT OF HOWARD J. BASHMAN

(01:06:07) REBUTTAL ARGUMENT OF JEFFREY B. WALL

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

Murray v. UBS Securities, LLC, No. 22-660

Argued on 2023-10-10.

For petitioner: Easha Anand, Stanford, Cal.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eugene Scalia, Washington, D. C.

Question Presented:

The Sarbanes-Oxley Act of 2002 protects whistleblowers who report financial wrongdoing at publicly traded companies. 18 U.S.C. § 1514A. When a whistleblower invokes the Act and claims he was fired because of his report, his claim is "governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code." 18 U.S.C. § 1514A(b)(2)(C). Under that incorporated framework, a whistleblowing employee meets his burden by showing that his protected activity "was a contributing factor in the unfavorable personnel action alleged in the complaint." 49 U.S.C. § 42121(b)(2)(B)(iii). If the employee meets that burden, the employer can prevail only if it "demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior." Id. § 42121(b)(2)(B)(iv). The Question Presented is: Under the burden-shifting framework that governs Sarbanes-Oxley cases, must a whistleblower prove his employer acted with a "retaliatory intent" as part of his case in chief, or is the lack of "retaliatory intent" part of the affirmative defense on which the employer bears the burden of proof?

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

(00:00:09) ORAL ARGUMENT OF EASHA ANAND

(00:23:38) ORAL ARGUMENT OF ANTHONY A. YANG

(00:47:34) ORAL ARGUMENT OF EUGENE SCALIA

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

Acheson Hotels, LLC v. Laufer, No. 22-429

Argued on 2023-10-04.

For petitioner: Adam G. Unikowsky, Washington, D. C. For United States, as amicus curiae: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Kelsi B. Corkran, Washington, D. C.

Question Presented:

Does a self-appointed Americans with Disabilities Act "tester" have Article III standing to challenge a place of public accommodation's failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation?

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 ADAM G. UNIKOWSKY

(00:31:38) ORAL ARGUMENT OF ERICA L. ROSS

(00:54:42) ORAL ARGUMENT OF KELSI B. CORKRAN

(01:22:02) REBUTTAL ARGUMENT OF ADAM G. UNIKOWSKY

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

CFPB v. Com. Fin. Services Assn., No. 22-448

Argued on 2023-10-03.

For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Noel J. Francisco, Washington, D. C.

Question Presented:

Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau (CFPB), 12 U.S.C. 5497, violates the Appropriations Clause, U.S. Const. Art. I,§ 9, Cl. 7, and in vacating a regulation promulgated at a time when the CFPB was receiving such funding .

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

(00:00:09) ORAL ARGUMENT OF GEN. ELIZABETH B. PRELOGAR

(00:40:57) ORAL ARGUMENT OF NOEL J. FRANCISCO

(01:29:08) 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

Pulsifer v. United States, No. 22-340

Argued on 2023-10-02.

For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

Question Presented:

The "safety valve" provision of the federal sentencing statute requires a district court to ignore any statutory mandatory minimum and instead follow the Sentencing Guidelines if a defendant was convicted of certain nonviolent drug crimes and can meet five sets of criteria. See 18 U.S.C. § 3553(f)(1)-(5). Congress amended the first set of criteria, in§ 3553(f)(1), in the First Step Act of 2018, Pub. L. No. 115-391, § 402, 132 Stat. 5194, 5221, broad criminal justice and sentencing reform legislation designed to provide a second chance for nonviolent offenders. A defendant satisfies § 3553(f)(1), as amended, if he "does not have-(A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; (B) a prior 3-point offense, as determined under the sentencing guidelines; and (C) a prior 2-point violent offense, as determined under the sentencing guidelines." 18 U.S.C. § 3553(f)(1) (emphasis added). The question presented is whether the "and" in 18 U.S.C. § 3553(f)(1) means "and," so that a defendant satisfies the provision so long as he does not have (A) more than 4 criminal history points, (B) a 3-point offense, and (C) a 2-point offense (as the Ninth Circuit holds), or whether the "and" means "or," so that a defendant satisfies the provision so long as he does not have (A) more than 4 criminal history points, (B) a 3- point offense, or (C) a 2-point violent offense (as the Seventh and Eighth Circuits hold).

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 SHAY DVORETZKY

(00:51:53) ORAL ARGUMENT OF FREDERICK LIU

(01:35:56) 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