List of pending United States Supreme Court cases

This is a list of cases before the United States Supreme Court that the Court has agreed to hear and has not yet decided.[1][2]

Cases

Future argument dates are in parentheses; argument in these cases has been scheduled, but has not, and potentially may not, take place.

Case	Question	Granted cert.	Argument date
Albence v. Guzman Chavez	Is the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal governed by 8 U.S.C. § 1231 or 8 U.S.C. § 1226?	June 15, 2020
AMG Capital Management v. FTC	Whether § 13(b) of the Federal Trade Commission Act, by authorizing “injunction[s],” also authorizes the Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief.	July 9, 2020
Borden v. United States	Does a crime whose mens rea is "recklessness" qualify as a 'violent felony' under the Armed Career Criminal Act of 1984?	March 2, 2020
Brownback v. King	Does a final judgment in favor of the United States under the Federal Tort Claims Act bar an identical claim under Bivens v. Six Unknown Named Agents?	March 30, 2020
California v. Texas	Does the elimination of the Affordable Care Act's individual mandate with the passage of the Tax Cuts and Jobs Act of 2017 invalidate other parts of the law?	March 2, 2020
Carney v. Adams	(1) Has the respondent demonstrated Article III standing? (2) Does the First Amendment invalidate a state constitutional provision that limits judges affiliated with any one political party to no more than a "bare majority" on the state's three highest courts? (3) Can the aforementioned provision be severed from another provision reserving the remainder of judicial seats for members of the other "major political party"?	December 6, 2019	October 5, 2020
Chicago v. Fulton	Does an entity that is passively retaining possession of property in which a bankruptcy estate has an interest have an affirmative obligation under the Bankruptcy Code's automatic stay, 11 U.S.C. § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition?	December 18, 2019	October 13, 2020
CIC Services, LLC v. Internal Revenue Service	Does the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bar challenges to unlawful regulatory mandates issued by administrative agencies that are not taxes?	May 5, 2020
Collins v. Mnuchin	(1) Does the Federal Housing Finance Agency's (FHFA) structure violates the separation of powers, and (2) Whether the courts must set aside a final agency action that FHFA took when it was unconstitutionally structured and strike down the statutory provisions that make FHFA independent?	July 9, 2020
Department of Justice v. House Committee on the Judiciary	Is an impeachment trial before a legislative body a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure?	June 2, 2020
Edwards v. Vannoy	Does the Court's decision in Ramos v. Louisiana apply retroactively to cases on federal collateral review?	May 5, 2020
Facebook v. Duguid	Whether the definition of an "automatic telephone dialing system" in the Telephone Consumer Protection Act of 1991 encompasses any device that can "store" and "automatically dial" telephone numbers, even if the device does not "us[e] a random or sequential number generator".	July 9, 2020
Ford Motor Company v. Montana Eighth Judicial District Court	Is the “arise out of or relate to” requirement for a state court to exercise specific personal jurisdiction over a nonresident defendant under Burger King Corp. v. Rudzewicz met when none of the defendant’s forum contacts caused the plaintiff’s claims?	January 17, 2020	October 7, 2020
Fulton v. Philadelphia	(1) Can free exercise plaintiffs only succeed by proving a particular type of discrimination claim — namely that the government would allow the same conduct by someone who held different religious views — or must courts consider other evidence that a law is not neutral and generally applicable? (2) Should Employment Division v. Smith be revisited? (3) Does a government violate the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on conduct that contradicts the agency’s religious beliefs?	February 24, 2020
Germany v. Philipp	(1) Does the “expropriation exception” of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3), which abrogates foreign sovereign immunity when “rights in property taken in violation of international law are in issue,” provide jurisdiction over claims that a foreign sovereign has violated international human rights law when taking property from its own national within its own borders? (2) Is the doctrine of international comity available in cases against foreign sovereigns?	June 2, 2020
Google LLC v. Oracle America, Inc.	(1) Does copyright protection extend to a software interface? (2) Does the petitioner’s use of a software interface in the context of creating a new computer program constitute fair use?	November 15, 2019	October 7, 2020
Henry Schein, Inc. v. Archer and White Sales, Inc.	Does a provision in an arbitration agreement that exempts certain claims from arbitration negate an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator?	June 15, 2020
Hungary v. Simon	(1) May the district court abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity? (2) In a forum non-conveniens analysis, (a) is the district court required to defer to plaintiffs’ choice of a U.S. forum where the case’s sole connection to the United States is that some named plaintiffs became naturalized citizens after the time relevant to the complaint; and (b) is the district court permitted to defer to a foreign sovereign defendant’s comity interest in hosting claims in its own courts?	June 2, 2020
Jones v. Mississippi	Does the Eighth Amendment require the sentencing authority to find that a juvenile is incorrigible before imposing a sentence of life without parole?	March 9, 2020
Nestlé USA, Inc. v. Doe	May an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, overcome the extra-territoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms to that activity?	June 2, 2020
Niz-Chavez v. Barr	To serve notice in accordance with 8 U.S.C. § 1229(a) and trigger the stop-time rule, must the government serve a specific document that includes all the information identified in section 1229(a), or may it serve that information over the course of as many documents and as much time as it chooses?	June 8, 2020
Pereida v. Barr	Does a criminal conviction bar a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act?	December 18, 2019	October 14, 2020
Rutledge v. Pharmaceutical Care Management	Is Arkansas’s statute regulating PBMs’ drug-reimbursement rates preempted by ERISA?	January 10, 2020	October 6, 2020
Salinas v. Railroad Retirement Board	Is the Railroad Retirement Board’s denial of a request to reopen a prior benefits determination a “final decision” subject to judicial review?	January 10, 2020
Tanzin v. Tanvir	Does the Religious Freedom Restoration Act of 1993 permit suits seeking money damages against individual federal employees?	November 22, 2019	October 6, 2020
Texas v. New Mexico	(1) Did the River Master err in calculating New Mexico’s delivery credit for evaporation losses under the Pecos River Compact? (2) Did the River Master appropriately entertain New Mexico’s request for delivery credit for evaporation losses under the Compact?	June 27, 1974	October 5, 2020
Torres v. Madrid	Is an unsuccessful attempt to detain a suspect a "seizure" within the meaning of the Fourth Amendment?	December 18, 2019	October 14, 2020
United States v. Briggs	Does the Uniform Code of Military Justice allow prosecution of rape committed between 1986 and 2006 if it was not discovered and charged within five years?	November 15, 2019	October 13, 2020
U.S. Fish and Wildlife Service v. Sierra Club	Does exemption 5 of the Freedom of Information Act allow federal agencies to withhold draft documents prepared as part of a formal interagency consultation under the Endangered Species Act of 1973?	March 2, 2020
Uzuegbunam v. Preczewski	Whether a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right?	July 9, 2020
Van Buren v. United States	Does a person who is authorized to access information on a computer for certain purposes violate Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose?	April 20, 2020

See also

• List of United States Supreme Court cases by the Roberts Court
• 2020 term opinions of the Supreme Court of the United States

Notes

References

1. Cases for the 2019-2020 term
2. U.S. Supreme Court's argument calendar Oyez Project