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.

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

October Term 2024 cases

Case	Docket no.	Question(s) presented	Certiorari granted	Oral argument
Advocate Christ Medical Center v. Becerra	23-715	Whether the phrase "entitled ... to benefits," used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received	June 10, 2024	November 5, 2024
Ames v. Ohio Department of Youth Services	23-1039	Whether, in addition to pleading the other elements of a federal employment discrimination claim, a plaintiff in a reverse discrimination case – here, a heterosexual woman alleging that she was the victim of discrimination based on her sexual orientation – must also show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”	October 4, 2024
Barnes v. Felix	23-1239	Whether courts should apply the “moment of the threat” doctrine, which looks only at the narrow window in which a police officer’s safety was threatened to determine whether his actions were reasonable, in evaluating claims that police officers used excessive force.	October 4, 2024	(January 22, 2025)
BLOM Bank SAL v. Honickman	23-1259	Whether Rule 60(b)(6)'s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint.	October 4, 2024
Bouarfa v. Mayorkas	23-583	Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria.	April 29, 2024	October 15, 2024
Bufkin v. McDonough	23-713	Whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b)was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1), which directs the court to “take due account” of the Department of Veterans Affairs’ application of that rule.	April 29, 2024	October 16, 2024
CC/Devas Ltd. v. Antrix Corp	23-1201 24-17	Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act.	October 4, 2024
City and County of San Francisco v. EPA	23-753	Whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform.	May 28, 2024	October 16, 2024
Cunningham v. Cornell University	23-1007	Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision’s text.	October 4, 2024	(January 22, 2025)
Delligatti v. United States	23-825	Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.	June 3, 2024	November 12, 2024
Dewberry Group, Inc. v. Dewberry Engineers, Inc.	23-900	Whether an award of the “defendant’s profits” under the Lanham Act can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.	June 24, 2024	(December 11, 2024)
E.M.D. Sales, Inc. v. Carrera	23-217	Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence.	June 17, 2024	November 5, 2024
EPA v. Calumet Shreveport Refining	23-1229	Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency’s denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect."	October 21, 2024
Esteras v. United States	23-7483	Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e) list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release.	October 21, 2024
Facebook, Inc. v. Amalgamated Bank	23-980	Whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm.	June 10, 2024	November 6, 2024
FDA v. R.J. Reynolds Vapor Co.	23-1187	Whether a manufacturer may file a petition for review in a circuit (other than the D.C. Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer's products that is located within that circuit.	October 4, 2024	(January 21, 2025)
FDA v. Wages and White Lion Investments, L.L.C.	23-1038	Whether the U.S. Court of Appeals for the 5th Circuit erred in setting aside FDA’s denial orders of respondents' applications for authorization to market new e-cigarette products as arbitrary and capricious.	July 2, 2024	(December 2, 2024)
Feliciano v. Department of Transportation	23-861	Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.	June 24, 2024	(December 9, 2024)
Free Speech Coalition v. Paxton	23-1122	Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults’ access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done.	July 2, 2024	(January 15, 2025)
Garland v. VanDerStok	23-852	(1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “a partially complete, disassembled, or nonfunctional frame or receiver” that is “designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act.	April 22, 2024	October 8, 2024
Glossip v. Oklahoma	22-7466	(1) Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that witness's false testimony about that care and related diagnosis violate the due process of law. See Brady v. Maryland, 373 U.S. 83 (1963); Napue v. Illinois, 360 U.S. 264 (1959); and (2) whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims. See Kyles v. Whitley, 514 U.S. 419 (1995); and (3) whether due process of law requires reversal, where a capital conviction is so infected with errors that the State no longer seeks to defend it. See Escobar v. Texas, 143 S. Ct. 557 (2023) (mem.); and (4) whether the Oklahoma Court of Criminal Appeals' holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment.	January 22, 2024	October 9, 2024
Hewitt v. United States	23-1002 23-1150	Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the FSA’s enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA’s enactment.	July 2, 2024	(January 13, 2025)
Kousisis v. United States	23-909	(1) Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme; (2) whether a sovereign's statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services; and (3) whether all contract rights are "property."	June 17, 2024	(December 9, 2024)
Lackey v. Stinnie	23-621	(1) Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988; and (2) whether a party must obtain an enduring change in the parties' legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under Section 1988.	April 22, 2024	October 8, 2024
McLaughlin Chiropractic Associates v. McKesson Corp	23-1226	Whether the Hobbs Act required the district court in this case to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act.	October 4, 2024	(January 21, 2025)
Medical Marijuana, Inc. v. Horn	23-365	Whether economic harms resulting from personal injuries are injuries to "business or property by reason of" the defendant's acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act.	April 29, 2024	October 15, 2024
Nuclear Regulatory Commission v. Texas	23-1300 23-1312	(1) Whether the Hobbs Act, which authorizes a “party aggrieved” by an agency’s “final order” to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority; and (2) whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.	October 4, 2024
NVIDIA Corporation v. E. Ohman J:or Fonder AB	23-970	(1) Whether plaintiffs seeking to allege scienter under the Private Securities Litigation Reform Act based on allegations about internal company documents must plead with particularity the contents of those documents; and (2) whether plaintiffs can satisfy the Act's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact.	June 17, 2024	November 13, 2024
Oklahoma v. EPA	23-1067 23-1068	Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.	October 21, 2024
Perttu v. Richards	23-1324	In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim?	October 4, 2024
Republic of Hungary v. Simon	23-867	(1) Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act; (2) whether a plaintiff must make out a valid claim that an exception to the FSIA applies at the pleading stage, rather than merely raising a plausible inference; and (3) whether a sovereign defendant bears the burden of producing evidence to affirmatively disprove that the proceeds of property taken in violation of international law have a commercial nexus with the United States under the expropriation exception to the FSIA.	June 24, 2024	(December 3, 2024)
Royal Canin U.S.A., Inc. v. Wullschleger	23-677	(1) Whether a post-removal amendment of a complaint to omit federal questions defeats federal-question subject matter jurisdiction pursuant to 28 U.S.C. § 1331; and (2) whether such a post-removal amendment of a complaint precludes a district court from exercising supplemental jurisdiction over the plaintiff's remaining state-law claims pursuant to 28 U.S.C. § 1367.	April 29, 2024	October 7, 2024
Seven County Infrastructure Coalition v. Eagle County	23-975	Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.	June 24, 2024	(December 10, 2024)
Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos	23-1141	(1) Whether the production and sale of firearms in the United States is the "proximate cause" of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico; and (2) Whether the production and sale of firearms in the United States amounts to "aiding and abetting" illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.	October 4, 2024
Stanley v. City of Sanford	23-997	Whether, under the Americans with Disabilities Act, a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job.	June 24, 2024	(January 13, 2025)
United States v. Miller	23-824	Whether a bankruptcy trustee may avoid a debtor’s tax payment to the United States under 11 U.S.C. § 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy.	June 24, 2024	(December 2, 2024)
United States v. Skrmetti	23-477	Whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow "a minor to identify with, or live as, a purported identity inconsistent with the minor's sex" or to treat "purported discomfort or distress from a discordance between the minor’s sex and asserted identity," violates the equal protection clause of the 14th Amendment.	June 24, 2024	(December 4, 2024)
Velazquez v. Garland	23-929	When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart?	July 2, 2024	November 12, 2024
Waetzig v. Halliburton Energy Services	23-971	The question presented, which has divided the courts of appeals, is whether a Rule 41 voluntary dismissal without prejudice is a "final judgment, order, or proceeding" under Rule 60(b).	October 4, 2024	(January 14, 2025)
Williams v. Washington	23-191	Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court.	January 12, 2024	October 7, 2024
Wisconsin Bell, Inc. v. United States ex rel. Todd Heath	23-1127	Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are "claims" under the False Claims Act.	June 17, 2024	November 4, 2024

See also

• List of United States Supreme Court cases by the Roberts Court
• 2024 term opinions of the Supreme Court of the United States