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October Term 2021

 End of term summary chart

October Term 2020 
End of term summary chart


PennEast Pipeline v. New Jersey

The federal government may constitutionally grant pipeline companies the authority to condemn necessary rights-of-way in which a state has an interest

Cedar Point Nursery v. Hassid

A California regulation allowing union organizers access to agriculture employers’ property to solicit support for unionization up to three hours a day, 120 days a year is a per se physical taking under the Fifth and Fourteenth Amendments

Fulton v. Philadelphia

The City of Philadelphia violated the First Amendment when it refused to contract with Catholic Social Service certify foster care families because CSS refuses to work with same-sex couples

City of San Antonio, Texas v.
Federal district courts may not alter a court of appeals’ allocation of appellate costs

Caniglia v. Strom

 Police community caretaking duties don’t justify warrantless searches and seizures in the home.

B.P. v. Mayor and City Council of Baltimore

A federal court of appeals may review any grounds the district court considered for trying to remove a case to federal court where one of the grounds was federal officer or civil rights removal

Torres v. Madrid 

person may be “seized” by a police officer per the Fourth Amendment even if the person gets awayIn

Uzuegbunam v. Preczewski 

To have a “redressable injury” required to bring a lawsuit a plaintiff need only ask for nominal damages ($1)

City of Chicago v. Fulton

The City of Chicago didn’t violate the Bankruptcy Code’s automatic stay provision by holding onto a vehicle impounded after a bankruptcy petition was filed

Carney v. Adams

James Adams lacked standing to challenge a Delaware constitutional provision that requires that appointments to Delaware’s major courts reflect a partisan balance

City of Portland v. FCC (cert. denied)

Whether the Federal Communication Commission Small Cell Order, which limits fees local governments can charge for use of public land to build 5G, violates the Telecommunications Act  

October Term 2019

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Lomax v. Ortiz-Marquez

A dismissal without prejudice for failure to state a claim counts as a strike under the Prison Litigation Reform Act 

County of Maui, Hawaii v. Hawaii Wildlife Fund

When there is a “functional equivalent of a direct discharge” from a point source to navigable waters an appropriate permit is required under the Clean Water Act

New York State Rifle and Pistol Association v. City of New York

A challenge to New York City’s rule disallowing residents to transport firearms to a second home or shooting range outside of the city is moot

Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania

Religious employers and employers with moral objections may be exempted from the Affordable Care Act’s contraceptive mandate

Barr v. American Association of Political Consultants

The Telephone Consumer Protection Act’s debt-collection exception is content-based

October Term 2018

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Mitchell v. Wisconsin 

When police officers have probable cause to believe an unconscious person has committed a drunk driving offense, warrantless blood draws are generally permissible

Kisor v. Wilkie

Auer deference, courts deferring to agencies’ reasonable interpretations of their ambiguous regulations, remains good law

Tennessee Wine and Spirits Retailers Association v. Thomas 

Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license is unconstitutional


American Legion v. American Humanist Association

The Bladensburg Cross does not violate the First Amendment Establishment Clause

McDonough v. Smith 

The statute of limitations for a fabrication of evidence claim begins running upon acquittal


Knick v. Township of Scott

A property owner may proceed directly to federal court with a takings claim

PDR Network v. Carlton & Harris Chiropractic

The Supreme Court sent the case back to the lower court to decide two questions the Court posed

Virginia Uranium v. Warren 

Virginia’s statute prohibiting uranium mining isn’t preempted by the federal Atomic Energy Act

Gamble v. United States 

The “dual-sovereignty” doctrine, allowing two sovereigns to punish someone for the same crime, remains good law 

Fort Bend County, Texas v. Davis

Title VII’s charge-filing requirement is a “mandatory procedural prescription” that a court must consider if timely raised

Nieves v. Bartlett

The existence of probable cause generally defeats a First Amendment retaliatory arrest case

Timbs v. Indiana

The Eighth Amendment’s Excessive Fines Clause is “incorporated” or applicable to the states and local governments

Weyerhaeuser Co. v. United State Fish and Wildlife Service

“Critical habitat” under the Endangered Species Act must also be habitat

Mt. Lemmon Fire District v. Guido

The Age Discrimination in Employment Act applies to state and local government employers with less than 20 employees

October Term 2017

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NIFLA v. Becerra

California notice requirements for pregnancy clinics likely violate the First Amendment

Trump v. Hawaii

The third travel ban doesn't violate the Immigration and Nationality Act or the Establishment Clause 

South Dakota v. Wayfair

States and local governments require retailers with no in-state physical presence to collect sales tax if they have a substantial nexus with the state

Cert stage amicus brief here

Lozman v. City of Riviera Beach

A citizen who was arrested for refusing to stop talking at a city council meeting was not barred from bringing a First Amendment retaliatory arrest claim against the City even if it had probable cause to arrest him

Minnesota Voter Alliance v. Mansky

Minnesota's ban on political apparel at polling places violates the First Amendment

Husted v. A. Philip Randolph Institute

Ohio’s method of removing voters from voter rolls after failing to respond to a confirmation notice and six years of inactivity did not violate the National Voter Registration Act

Masterpiece Cakeshop v. Colorado Civil Rights Commission

Colorado’s decisionmaking process for cake maker who refused to create a wedding cake for a same-sex couple failed to give full and fair consideration to his religious objection  

Murphy v. NCAA 

The Professional and Amateur Sports Protection Act (PASPA), which prohibits states and local governments from authorizing sports gambling, violates the Constitution’s anticommandeering doctrine  

District of Columbia v. Wesby 

D.C. police officers had probable cause to arrest individuals for holding a raucous, late-night party in a house they did not have permission to enter 

Artis v. District of Columbia 

"Tolled" under 28 U.S.C 1367(d) means suspended or that the clock is stopped under

City of Hays, Kansas v. Vogt (dismissed as improvidently granted)

Is the Fifth Amendment violated when a public employee’s compelled, self-incriminating statements are used against him or her at a probable cause hearing rather than at a trial 

Salt River Project Agricultural Improvement and Power District v. SolarCity (settled)

May a district court's denial of state-action immunity by immediately appealed


October Term 2016

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Murr v. Wisconsin

No taking occurred where state law and local ordinance “merged” nonconforming, adjacent lots under common ownership, meaning the property owners could not sell one of the lots by itself 

Packingham v. North Carolina

A state statute making it a felony for a registered sex offender to access social networking sites where minors can create profiles violates the First Amendment Free Speech Clause 

Town of Chester v. Laroe Estates

An intervenor must possess Article III standing to intervene in a lawsuit as a matter of right if he or she wishes to pursue relief not requested by the plaintiff 

County of Los Angeles v. Mendez

Police officers can't be liable for the use of reasonable force under the "provocation rule"

Bank of America v. City of Miami

Local governments have standing to sue banks under the Fair Housing Act for economic harm caused to them by discriminatory lending practices; to prove causation local governments must show “some direct relation between the injury asserted and the injurious conduct alleged” 

Coventry Health Care of Missouri v. Nevils

The Federal Employees Health Benefits Act (FEHBA) preemption clause overrides state laws prohibiting subrogation and reimbursement and that the preemption clause is consistent with the Supremacy Clause


Expressions Hair Design v. Schneiderman

A state statute prohibiting vendors from advertising a single price and a statement that credit card customers must pay more regulates speech under the First Amendment 


Manuel v. City of Joliet

Even after “legal process” has occurred a person may bring a Fourth Amendment claim challenging pretrial detention 

Direct Marketing Association v. Brohl (cert denied)

Supreme Court refused to hear a case arguing that a Colorado law requiring remote sellers to inform Colorado purchasers annually of their purchases and send the same information to the Colorado Department of Revenue discriminates against interstate commerce

Ivy v. Morath (dismissed as moot)

When are state and local governments responsible for ensuring that a private actor complies with the Americans with Disabilities Act 

October Term 2015

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Birchfield v. North Dakota

States may criminalize an arrestee’s refusal to take a warrantless breath test  

United States Army Corp of Engineers v. Hawkes

A court may review an Army Corp of Engineers approved jurisdictional determination that property contains “waters of the United States”  

Heffernan v. City of Paterson, New Jersey

A public employer violates the First Amendment when it acts on a mistaken belief that an employee engaged in First Amendment protected political activity

Franchise Tax Board of California v. Hyatt

A state court apply a damages cap, which applies to the state, to foreign states and local governments sued in its court  


Hughes v. Talen Energy Marketing

Maryland’s program which guarantees a power plant generator a contractual rate rather than the “clearing price” wholesale rate set at a federally-approved capacity auction is preempted by the Federal Power Act 


Luis v. United States

The Sixth Amendment right to counsel includes allowing a criminal defendant to use untainted substitute assets to hire an attorney 


Gobeille v. Liberty Mutual Insurance Company

ERISA preempt a Vermont statute requiring health insurance companies to report claims data to the state 

United Student Aid Funds v. Bible

Supreme Court should overturn Auer deference to federal agencies (certiorari denied)  


October Term 2014

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Kingsley v. Hendrickson

The objectively unreasonable standard applies to pretrial detainee excessive force claims

City of Los Angeles v. Patel 

Hotel registry ordinances that allow police inspections without precompliance judicial review violate the Fourth Amendment; Fourth Amendment facial challenges are possible

Reed v. Town of Gilbert, Arizona

Treating temporary directional, political, and ideological signs differently is a content-based regulation subject to strict scrutiny

EEOC v. Abercrombie & Fitch

To bring a religious accommodation claim an applicant/employee need only show that the need for a religious accommodation was a motivating factor in an employment decision

Comptroller v. Wynne

Maryland's failure to offer residents a full credit against income taxes paid to other states is unconstitutional

City and County of San Francisco v. Sheehan

Police granted qualified immunity for reentering the room of armed, violent, mentally ill person

Perez v. Mortgage Bankers Association

Federal agency do not have to engage in notice-and-comment rulemaking before changing an interpretive rule


Alabama Department of Revenue v. CSX Transportation

Railroads can be compared to their competitors when determining whether a tax is discriminatory in violation of the 4-R Act. Different taxes paid by railroads and their competitors must be compared with determining whether a tax railroads pay is discriminatory 

Direct Marketing Association v. Brohl 

The Tax Injunction Act does not bar a federal court from deciding whether a state law that attempts to increase use tax collection on purchases from remote vendors is unconstitutional

North Carolina State Board of Dental Examiners v. FTC

When the majority of state board members are market participants, the board must be "actively supervised” to be exempt from federal antitrust law

T-Mobile South v. City of Roswell

Local governments must provide reasons contemporaneously to denying a cell phone tower construction application

Integrity Staffing Solutions v. Busk

Time spent in security screenings is not compensable under the Fair Labor Standards Act

October Term 2013

Sprint v. Jacobs

Federal courts may not invoke federal abstention under Younger and refuse to hear a case just because a pending state-court case involves the same issue

Brandt v. United States

Railroad rights-of-way are easements under federal law, and landowners are no longer burdened when railroad companies abandon rights-of-way

Plumhoff v. Rickard

Police may use deadly force to stop a significant threat to safety until they are reasonably certain that the threat has ended

Wood v. Moss

Secret service agents are entitled to qualified immunity in a suit alleging viewpoint discrimination against protesters because their actions were in response to a legitimate security threat to the president


McCullen v. Coakley

A Massachusetts law, which prohibited standing in a public area within 30 feet of an abortion clinic or other reproductive health facility, is unconstitutional

Burwell v. Hobby Lobby

The federal government must exempt privately and closely held companies from a requirement to provide employees with no-cost contraceptives, so as not to run afoul of the Religious Freedom Restoration Act

October Term 2012

Decker v. Northwestern Environmental Defense Center

A provision of the Clean Water Act, which places limitations on suits that challenge EPA decisions, neither applies to nor bars a suit by a private citizen against an alleged violator of the Act

LA County Flood Control District v. NRDC

Allowing the flow of water from an improved portion of a waterway to an unimproved area of the same waterway does not qualify as pollution under the Clean Water Act

Wos v. EMA

Federal Medicaid anti-lien provision supersedes and pre-empts states' attempts to recover monetary portions of tort settlements that are not designated "for medical care"

Koontz v. St. Johns River Water Management District

Municipalities and other land-use agencies imposing conditions, including monetary conditions, on granting land development permits must ensure that the condition is proportional and that there is a reasonable nexus between the condition and the development permit

McBurney v. Young

The State of Virginia did not violate the Privileges and Immunities or Commerce Clauses of the Constitution when it passed a law allowing Virginia citizens access to public records but giving no such privilege to non-citizens

Maryland v. King

States may utilize DNA testing in routine police booking procedures so long as its primary purpose is identification.

American Trucking Association v. Los Angeles

It is a violation of the Federal Aviation Administration Authorization Act (FAAAA) for the LA Board of Habor Commissioners to require trucking companies to adhere to strict regulations on trucking.


City of Arlington v. FCC

Courts must apply Chevron deference to an agency's interpretation of a statutory ambiguity concerning the scope of the agency's jurisdiction 

October Term 2011

Reichle v. Howards

Police officers are entitled to qualified immunity if they are being sued for violating a right that was not recognized at the time of the arrest

Armour v. Indianapolis

The City of Indianapolis had a rational basis for differentiating between those who paid taxes in a lump sum and those who paid in installments. Because of this, they were justified in later providing reimbursements to installment taxpayers and not providing them to the lump sum taxpayers

Filarsky v. Delia

An individual temporarily hired by the government is entitled to qualified immunity.


October Term 2010

Connick v. Thompson

A prosecutor's office may not be held responsible for inadequate training of employees when a plaintiff can prove only one violation of the Brady rule (requiring that prosecutors disclose information, even if it is favorable to a defendant) 

Borough of Duryea v. Guarnieri

State and local government employees cannot sue employers in a retaliation claim using the Petitions Clause of the First Amendment if the employee's speech was not a matter of public concern

Douglas v. Independent Living Center of Southern California

Medicaid providers and recipients may not maintain a Supremacy Clause action claiming that the federal Medicaid Act supercedes a state law, if that state law has been declared consistent with the federal law by CMS; however, they may still maintain an action on separate grounds

October Term 2009

Alvarez v. Smith

Case dismissed where there was no longer a material dispute about the ownership of state police-seized property

Perdue v. Kenny A

In extraordinary circumstances, a court may award unusually high attorney's fees to counsel that delivers exceptional performance

Pottawattamie County v. McGhee

Case dismissed pursuant to Rule 46 of the Supreme Court, and the matter was settled by the parties

Graham County v. United States Ex Rel. Wilson

The False Claims Act does not allow private citizens to sue defrauders on behalf of the government and receive a portion of the recovery if the fraudulent activity has already been discovered and made public by the government

Stop the Beach Renourishment v. Florida

Residents cannot have a valid takings claim against Florida government and Florida Supreme Court for giving newly created shoreline land to the government where they cannot show that they had a valid, existing interest in the land at issue

City of Ontario v. Quon

Police officer is not entitled to privacy of text messages when messages are sent using government-owned pagers, particularly when the messages were discovered pursuant to a reasonable pager use auditing scheme.


Doe v. Reed

As a general rule, disclosure of the signatures of persons who sign petitions for ballot referenda does not violate the First Amendment. 

October Term 2008

Pearson v. Callahan

The Court broadened the two-step immunity analysis promulgated in Saucier v. Katz to make it less restrictive and non-mandatory, giving courts the discretion to apply the two-step analysis as they see fit

Carcieri v. Kempthorne

Because the Narragansett tribe was not under federal jurisdiction at the time the Indian Reorganization Act was passed, the Secretary of the Interior had no right to seize the tribe's land from state control to federal control

Van de Kamp v. Goldstein

Prosecutor was entitled to immunity because prosecutor's actions were "intimately associated with the judicial phase of the criminal process"

Arizona v. Johnson

Police may order a passenger out of a vehicle and conduct a pat-down search in a routine traffic stop if police reasonably suspect that the passenger is armed and dangerous

District Attorney’s Office for the Third Judicial District, et al. v. Osborne

Convicted persons do not have a due process right to access DNA evidence for post-conviction re-testing

Forest Grove School District v. T.A.

The Individuals with Disabilities Education Act (IDEA) provides for reimbursement of private special education expenses if the public school system does not provide a "free appropriate public education," regardless of whether the disabled individual previously received public special education

Cuomo v. The Clearing House Association

The National Bank Act does not give the federal Comptroller of the Currency the power to preempt state law enforcement against national banks

Vermont v. Brillon

Trial delays should generally be attributed to defendants, rather than to appointed counsel, when conducting a speedy trial analysis

October Term 2007

Department of Revenue of the Commonwealth of Kentucky, v. Davis

State of Kentucky acted constitutionally in implementing a program that incentivized buying bonds issued by the state and municipalities

Rowe v. New Hampshire Motor Transport Association

The Federal Aviation Administration Authorization Act (FAAAA) preempts a state law that requires air and motor carriers to take steps to ensure that tobacco is not sold to minors

Kentucky Retirement Systems v. EEOC

The use of age as a determining factor in allocating retirement plans is not arbitrary, and therefore the system is not discriminatory

Warner-Lambert v. Kent

A state law permitting plaintiffs to sue for faulty products that would not have reached the market absent a company's fraud is not preempted by a federal law prohibiting fraudulent communications to government agencies

Florida Dept. of Revenue v. Piccadilly Cafeterias

The Bankruptcy Code's tax exemption applies only to sales made after a Chapter 11 bankruptcy plan has been confirmed, not simply after one has filed for Chapter 11 bankruptcy

Engquist v. Oregon Dept. of Agriculture

Public employees are excluded from bringing class-of-one (personal) equal protection claims against employers

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