Year
Issue Area
Court
2023
Masterpiece Cake Shop v. Scardina
Question Presented
Whether the State compelling a cake designer to knowingly design, make, and provide a cake to celebrate a transgender transition, even when the creator behind the work vehemently
disagrees with the underlying premise and purpose for which he knows that the cake is being made, violates his First Amendment rights.
2023
NetChoice, LLC v. Moody & Paxton
Question Presented
Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements.
2023
Consumers’ Research v. FCC
Question Presented
(1) Whether 47 U.S.C. § 254 violates the nondelegation doctrine by imposing no limit on the FCC’s power to raise revenue for the Universal Service Fund. (2) Whether the FCC violated the private nondelegation doctrine by transferring its revenue raising power to a private company run by industry interest groups.
2023
Corner Post, Inc., v. Board of Governors of the Federal Reserve System
Question Presented
Does a plaintiff’s APA claim “first accrue[]” under 28 U.S.C. §2401(a) when an agency issues a rule—regardless of whether that rule injures the plaintiff on that date—or when the rule first causes a plaintiff to “suffer[] legal wrong” or be “adversely affected or aggrieved”?
2023
James Harper v. Daniel Werfel, et al.
Question Presented
Whether the IRS violated the Fifth Amendment’s Due Process Clause by seizing Mr. Harper’s private financial information from the third-party virtual currency exchange(s) without first providing him with notice and an opportunity to challenge the seizure of his property.
2023
Felkner v. Nazarian et al.
Question Presented
(1) Whether the judge-made “clearly established law” qualified immunity standard, which lacks textual, historical, and logical support, and which does not advance its purported policy objectives, should be abolished or limited; and (2) whether respondents are entitled to qualified immunity on Felkner’s First Amendment claims when they had ample time to reflect and seek legal counsel prior to engaging in a sustained course of conduct that abridged Petitioner’s clearly established First Amendment right to freedom of speech?
2023
SEC v. Jarkesy
Question Presented
1. Whether statutory provisions that empower the SEC 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. 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.
2023
Speech First, Inc. v. Sands
Question Presented
Whether university bias-response teams — official entities that solicit, track, and investigate reports of bias; ask to meet with perpetrators; and threaten to refer students for formal discipline — objectively chill students’ speech in violation of the First Amendment.
2023
Newell-Davis v. Phillips
Question Presented
1. Whether the state may deny equal protection of the laws and exclude people from a trade for the sole purpose of easing its regulatory burden, or whether restrictions on the right to enter a common and lawful occupation require more scrutiny. 2. Whether the Supreme Court should overrule the and hold that the right to enter a common and lawful occupation is a privilege or immunity protected by the Fourteenth Amendment.
2023
CFPB v. Community Financial Services Association of America
Question Presented
Whether the court of appeals erred in holding that the statute providing funding to the 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.
2023
Illumina v. FTC
Question Presented
Whether the FTC’s administrative prosecution violated the U.S. Constitution, including Article I, Article II, Article III, and the Due Process Clause of the Fifth Amendment, and whether the FTC’s Order is therefore void ab initio.
Amicus Commentary
- All
Tiwari v. Friedlander asks: Is depriving patients of medical services rational?
Commonplace in the market for medical services, certificate-of-need laws prohibit medical providers from practicing or expanding unless they can demonstrate not only “need” for their proposed services but also survive a bureaucratic gauntlet that can take years, cost thousands of dollars, and allow competitors — existing and potential — to challenge the application. The result…
303 Creative LLC v. Elenis asks whether artists can be compelled to speak
Public accommodations laws help ensure a free and open economy. Traditionally, these laws have been applied to, well, public accommodations, such as hotels, or “what the old common law promised to any member of the public wanting a meal at the inn, that accepting the usual terms of service, they will not be turned away…
Kennedy v. Bremerton School District shows why a high school football coach’s prayer may be important for academic freedom
Government employs a veritable army of teachers, professors, graduate students, undergraduate work-study students, as well as coaches, teachers’ aides, tutors, and administrators. To what degree can government, as an employer, punish the people it hires for their own personal expression? That’s a live question. The First Amendment protects citizens from the government. The government doesn’t…
Can calling an artist a “monopoly of one” displace the First Amendment?
Public accommodations laws “help ensure a free and open economy.” Traditionally, public accommodations laws have been applied to, well, public accommodations, such as hotels, or “what the old common law promised to any member of the public wanting a meal at the inn, that accepting the usual terms of service, they will not be turned…
303 Creative LLC v Elenis: The Biggest Supreme Court Free Speech Case You Might Not Have Heard About
A small independent website designer in Colorado is getting national attention. Why? The U.S. Supreme Court will hear a case next week about whether the government can force her to say something that goes against her personal beliefs. It’s one of the biggest free speech cases this Supreme Court term. And you may not have…