Episodios

  • Case v. Montana
    Oct 15 2025
    Case v. Montana | 10/15/25 | Docket #: 24-624 24-624 CASE V. MONTANA DECISION BELOW: 553 P.3d 985 CERT. GRANTED 6/2/2025 QUESTION PRESENTED: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause. LOWER COURT CASE NUMBER: DA 23-0136
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  • Ellingburg v. United States
    Oct 14 2025
    Ellingburg v. United States | 10/14/25 | Docket #: 24-482 24-482 ELLINGBURG V. UNITED STATES DECISION BELOW: 113 F.4th 839 JOHN F. BASH, ESQUIRE, OF AUSTIN, TEXAS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE , IN SUPPORT OF THE JUDGMENT BELOW. CERT. GRANTED 4/7/2025 QUESTION PRESENTED: Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause. LOWER COURT CASE NUMBER: 23-3129
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  • Bowe v. United States
    Oct 14 2025
    Bowe v. United States | 10/14/25 | Docket #: 24-5438 24-5438 BOWE V. UNITED STATES DECISION BELOW: CA 11 ORDER 6/27/2024 KASDIN M. MITCHELL, ESQUIRE, OF DALLAS, TEXAS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW AS TO QUESTION 1 PRESENTED BY THE PETITION FOR A WRIT OF CERTIORARI. CERT. GRANTED 1/17/2025 QUESTION PRESENTED: Under 28 U.S.C. § 2244(b)(1), “[ a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ” (emphasis added). The first question presented is: Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255. * * * Under 28 U.S.C. § 2244(b)(3)(E), “[ t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari. ” (emphasis added). The second question presented is: Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255. LOWER COURT CASE NUMBER: 24-11704
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  • OK Charter School Board v. Drummond
    Apr 30 2025
    OK Charter School Board v. Drummond | 04/30/25 | Docket #: 24-394 24-394 OK CHARTER SCHOOL BOARD V. DRUMMOND DECISION BELOW: 558 P.3d 1 CONSOLIDATED WITH 24-396 FOR ONE HOUR ORAL ARGUMENT. JUSTICE BARRETT TOOK NO PART. EXPEDITED BRIEFING. CERT. GRANTED 1/24/2025 QUESTION PRESENTED: This Court has "repeatedly held that a State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits." Carson as next friend of O. C. v. Makin , 596 U.S. 767, 778 (2022). Three times, the Court has applied that principle to strike down "state efforts to withhold otherwise available public benefits from religious organizations." Id . at 778-79 (citing Trinity Lutheran Church of Columbia, Inc. v. Comer , 582 U.S. 449 (2017); Espinoza v. Mont. Dep't of Revenue , 591 U.S. 464 (2020)). Contrary to those precedents, the Oklahoma Supreme Court held that a state can exclude privately owned and operated religious charter schools from its charter-school program by enforcing state-law bans on "sectarian" and religiously affiliated charter schools. The court also held that a charter school engages in state action for constitutional purposes when it contracts with the state to provide publicly funded education. These rulings implicate an entrenched circuit split and present two questions for review: 1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students. 2. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires. LOWER COURT CASE NUMBER: 121,694
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  • USPS v. Konan
    Oct 8 2025
    USPS v. Konan | 10/08/25 | Docket #: 24-351 24-351 UNITED STATES POSTAL SERVICE V. KONAN DECISION BELOW: 96 F.4th 799 CERT. GRANTED 4/21/2025 QUESTION PRESENTED: The Federal Tort Claims Act (FTCA), ch. 753, 60 Stat. 842 (28 U.S.C. 1346(b), 2671 et seq .), generally waives the United States' sovereign immunity for suits seeking damages "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission" of an employee of the federal government "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)(1). The FTCA, however, excepts from that waiver of immunity "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter." 28 U.S.C. 2680(b). The question presented is as follows: Whether a plaintiff's claim that she and her tenants did not receive mail because Postal Service employees intentionally did not deliver it to a designated address arises out of "the loss" or "miscarriage" of letters or postal matter. 28 U.S.C. 2680(b). LOWER COURT CASE NUMBER: 23-10179
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  • Bost v. IL Bd. of Elections
    Oct 8 2025
    Bost v. IL Bd. of Elections | 10/08/25 | Docket #: 24-568 24-568 BOST V. ILLINOIS BOARD OF ELECTIONS DECISION BELOW: 114 F.4th 634 CERT. GRANTED 6/2/2025 QUESTION PRESENTED: Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted state laws that allow ballots to be received and counted after Election Day. Petitioners contend these state laws are preempted under the Elections and Electors Clauses. Petitioners sued to enjoin Illinois' law allowing ballots to be received up to fourteen days after Election Day. The sole question presented here is whether Petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standing to challenge state time, place, and manner regulations concerning their federal elections. LOWER COURT CASE NUMBER: 23-2644
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  • Barrett v. United States
    Oct 7 2025
    Barrett v. United States | 10/07/25 | Docket #: 24-5774 24-5774 BARRETT V. UNITED STATES DECISION BELOW: 102 F.4th 60 PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. CHARLES L. McCLOUD, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE , IN SUPPORT OF THE JUDGMENT BELOW. CERT. GRANTED 3/3/2025 QUESTION PRESENTED: I. Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and§ 924(j), a question that divides seven circuits but about which the Solicitor General and Petitioner agree. II. Whether "Hobbs Act robbery qualifies as a crime of violence under §924(c) (3)(A), a question left open after" United States v. Taylor , 596 U.S. 845 (2022). United States v. Stoney , 62 F.4th 108, 113 (3d Cir. 2023). LOWER COURT CASE NUMBER: 21-1379
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  • Chiles v. Salazar
    Oct 7 2025
    Chiles v. Salazar | 10/07/25 | Docket #: 24-539 24-539 CHILES V. SALAZAR DECISION BELOW: 116 F.4th 1178 CERT. GRANTED 3/10/2025 QUESTION PRESENTED: Kaley Chiles is a licensed counselor who helps people by talking with them. A practicing Christian, Chiles believes that people flourish when they live consistently with God's design, including their biological sex. Many of her clients seek her counsel precisely because they believe that their faith and their relationship with God establishes the foundation upon which to understand their identity and desires. But Colorado bans these consensual conversations based on the viewpoints they express. Its content- and viewpoint-based Counseling Restriction prohibits counseling conversations with minors that might encourage them to change their "sexual orientation or gender identity, including efforts to change behaviors or gender expressions," while allowing conversations that provide "[a]cceptance, support, and understanding for ... identity exploration and development, including ... [a]ssistance to a person undergoing gender transition." Colo. Rev. Stat. § 12- 245-202(3.5). The Tenth Circuit upheld this ban as a regulation of Chiles's conduct, not speech. In doing so, the court deepened a circuit split between the Eleventh and Third Circuits, which do not treat counseling conversations as conduct, and the Ninth Circuit, which does. The question presented is: Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause LOWER COURT CASE NUMBER: 22-1445, 23-1002
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