Safeway Podcasts

Hennepin County confiscated 93-year-old Geraldine Tyler's former home as payment for approximately $15,000 in property taxes, penalties, interest, and costs. The County sold the home for $40,000, and, consistent with a Minnesota forfeiture statute, kept all proceeds, including the $25,000 that exceeded Tyler's debt as a windfall for the public. In …

In RJR Nabisco, this Court, applying the presumption against extraterritoriality, held that a civil RICO plaintiff states a cognizable claim under RICO's private right of action only if it alleges a "domestic"-not foreign-injury. 579 U.S. 325, 354 (2016). The Court left unresolved, however, what legal test determines whether an injury is foreign or…

Whether the Bankruptcy Code expresses unequivocally Congress's intent to abrogate the sovereign immunity of Indian tribes.

This case presents a clear, recognized, and intractable conflict regarding an important issue related to the preservation of legal claims for appeal.Parties may appeal only from "final decisions of the district courts." 28 U.S.C. § 1291. Thus the general rule is that "[a]n appeal from the final judgment brings up all antecedent issues," In re Kilgu…

Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as a threat of violence.…

The False Claims Act protects government programs from fraud by, inter alia, imposing civil liability on anybody who knowingly presents false claims for payment to the government or makes false statements that are material to such claims. 31 U.S.C. § 3729(a). The statute defines "knowingly" to include acting with: (1) actual knowledge; (2) delibera…

Title VII of the Civil Rights Act of 1964 generally prohibits an employer from discriminating against an individual "because of such individual's * * * religion." 42U.S.C. §§ 2000e-2(a)(l), (2). The statute defines "religion" to include "all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is …

Section 11 of the Securities Act of 1933 permits suits alleging misrepresentations in a registration statement only if the plaintiffs "acquir[ed] such security." 15 U.S.C. § 77k(a). Section 12(a)(2) of the Act provides that someone who "offers or sells a security ... by means of a prospectus" may be liable for misstatements in that prospectus "to t…

Under the Immigration and Nationality Act (INA), a noncitizen who is convicted of an "aggravated felony" is subject to mandatory removal and faces enhanced criminal liability in certain circumstances. One aggravated felony is "an offense relating to obstruction of justice." 8 U.S.C. § 1101(a)(43)(S). The questions presented are:1. Whether a state o…

The Internal Revenue Code generally requires the IRS, when it serves a summons on a third-party recordkeeper for records pertaining to a person "identified in the summons," to give that identified person notice of the summons. I.R.C. § 7609(a)(l). If the IRS issues a summons directing a bank to produce an accountholder's records, for example, it mu…

Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant's rights under the Confrontation Clause of the Sixth Amendment. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-196.html…

District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise. 18 U.S.C. § 3584(a). Section 924(c)(l)(D)(ii) of Title 18 includes such a mandate, but only for sentences imposed "under this subsection." Efrain Lora was convicted and sentenced under a different subsection, Section 924(j), whi…

Whether the proper remedy for the government's failure to prove venue is an acquittal barring re-prosecution of the offense, as the Fifth and Eighth Circuits have held, or whether instead the government may re-try the defendant for the same offense in a different venue, as the Sixth, Ninth, Tenth, and Eleventh Circuits have held. https://www.suprem…

Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/publi…

Section 112 of the Patent Act provides that a patent's "specification shall contain a written description of the invention, and of the manner and process of making and using it," sufficient "to enable any person skilled in the art * * * to make and use the" invention. 35 U.S.C. § 112(a). The requirement that the specification teach skilled artisans…

Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of famous companies such as petitioner Jack Daniel's Properties, Inc. The district court found that VIP's use of Jack Daniel's trademarks to sell poop-themed dog toys was likely to confuse consumers, infringed Jack Daniel's marks, and tarnished Jack Daniel's …

Under§ 16(a) of the Federal Arbitration Act, when a district court denies a motion to compel arbitration, the party seeking arbitration may file an immediate interlocutory appeal. This Court has held that an appeal "divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Disc. C…

Petitioners-all foreign nationals-were subjected to a $90 million damages award under the Lanham Act, 15 U.S.C. § 1051 et seq., for allegedly infringing respondent's U.S. trademarks. While trademark rights are distinctly territorial, the accused sales occurred almost entirely abroad. Of approximately $90 million in sales, 97% were purely foreign: T…

The Consolidated Decree in Arizona v. California, 547 U.S. 150 (2006), apportions the mainstream of the Colorado River in the Lower Basin ("LBCR") among three States, decrees rights to the LBCR for five Indian Reservations (but not the Navajo reservation) and various other entities, and prescribes how the Secretary of the Interior ("Secretary") sha…

Steve and Leland are back at it, after a 3-4 year hiatus and talking Christianity. Do you take the bible literally? Were there dinosaurs on the ark? Was noah a real guy?By Leland Dieno

May New Jersey unilaterally withdraw from the waterfront commission compact? https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22o156.html

THE APPLICATION FOR STAY IS ALSO TREATED AS A PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT, AND THE PETITION IS GRANTED. THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTIONS: (1) WHETHER RESPONDENTS HAVE ARTICLE III STANDING; AND (2) WHETHER THE DEPARTMENT’S PLAN IS STATUTORILY AUTHORIZED AND WAS ADOPTED IN A PROCEDURALLY PROPER…

(1) whether respondents have Article III standing, and (2) whether the plan exceeds the Secretary’s statutory authority or is arbitrary and capricious. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-506.html

The federal aggravated identity theft statute provides: "Whoever, during and in relation to any felony violation enumerated [elsewhere in the statute], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person, shall, in addition to the punishment provided for such felony, be sentenced to a term …

Under Section 2333 of the Anti-Terrorism Act, as amended by the Justice Against Sponsors of Terrorism Act, U.S. nationals injured by "an act of international terrorism" that is "committed, planned, or authorized by" a designated foreign terrorist organization may sue any person who "aids and abets, by knowingly providing substantial assistance, or …

Section 203(c)(l) of the Communications Decency Act immunizes an "interactive computer service" (such as YouTube, Google, Facebook and Twitter) for "publish[ing] ... information provided by another" "information content provider" (such as someone who posts a video on YouTube or a statement on Facebook). This is the most recent of three court of app…

The Individuals with Disabilities Education Act (IDEA) preserves the rights of children with disabilities to bring claims under the Constitution and other federal anti-discrimination statutes, so long as they exhaust the IDEA's administrative procedures if their non-IDEA suit "seek[s] relief that is also available under [the IDEA]." 20 U.S.C. § 141…

Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1441(d), 1602-1611. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/…

After the Board of Immigration Appeals (BIA) denied her application for withholding of removal, petitioner Leon Santos-Zacaria filed a petition for review. Although the government agreed that the court had jurisdiction, the Fifth Circuit sua sponte dismissed in part for lack of jurisdiction pursuant to 8 U.S.C. § 1252(d)(1), which requires a noncit…

It is a bedrock principle of federalism that a statute does not abrogate sovereign immunity unless Congress's intent to abrogate is "unmistakably clear'' in the statutory text. Dellmuth v. Muth, 491 U.S. 223, 228 (1989). This Court and each of the other Circuits have held that a statute granting the federal courts jurisdiction over a category of cl…

Does the National Labor Relations Act impliedly preempt a state tort claim against a union for intentionally destroying an employer's property in the course of a labor dispute? https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-1449.html

1. Does the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, see 5 U.S.C. §7105(g), empower it to regulate the labor practices of state militias?2. The second Militia Clause empowers Congress to "provide for organizing, arming, and disciplining, the Mili…

Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege where obtaining or providing legal advice was one of the significant purposes behind the communication. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-1397.html…

Whether a State's judicial branch may nullify the regulations governing the "Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof," U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts' own devising, based on vague state constitutional provisions purportedly …

May an individual be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. (the "Bankruptcy Code") § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own? https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-908.html…

This case presents a clear, recognized, and intractable conflict regarding an important statutory question under the False Claims Act (FCA), 31 U.S.C. 3729-3733.When a relator files a qui tam action, the FCA puts the government to an initial choice: it "shall" either "(A) proceed with the action, in which case the action shall be conducted by the G…

In Arbaugh v. Y & H Corp., this Court clarified that limitations on judicial relief should not be treated as jurisdictional absent a clear statement by Congress. At least six circuits have held that 11 U .S.C. 363(m) does not limit the appellate courts' jurisdiction to review unstayed bankruptcy court sale orders, but rather limits only the remedie…

QUESTION PRESENTED:Artist Lorie Smith is a website designer who creates original, online content consistent with her faith. She plans to (1) design wedding websites promoting her understanding of marriage, and (2) post a statement explaining that she can only speak messages consistent with her faith. But the Colorado Anti-Discrimination Act (CADA) …

Two Montana landowners filed a quiet title action seeking to resolve a dispute over the scope of an easement held by the United States that runs across their land and the federal government's duties under the easement. The District Court held that the Quiet Title Act's statute of limitations is jurisdictional, found that the landowners did not prov…

The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state…

Whether the Second Circuit's "right to control" theory of fraud-which treats the deprivation of complete and accurate information bearing on a person's economic decision as a species of property fraud- states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343. https://www.supremecourt.gov/search.aspx?filename=/docket…

Does a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decisionmaking, owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud? https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-1158.html…

Congress enacted the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. 1901 et seq., "to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families." 25 U.S.C. 1902. The provisions of 25 U.S.C. 1912 establish minimum federal standards for the removal of Indian children from their families,…

Since the high-water mark in Wilder v. Virginia Hospital Association, 496 U.S. 498 (1990), this Court has consistently rebuffed efforts to find privately enforceable rights in Spending Clause statutes. Indeed, several Justices have suggested that the entire project of enforcing such rights under 42 U.S.C. § 1983 is mistaken: Spending Clause statute…

''Nearly 80 years removed from International Shoe, it seems corporations continue to receive special jurisdictional protections in the name of the Constitution. Less clear is why." Ford Motor Co. v. Montana Eighth Jud. Dist. Ct., 141 S. Ct. 1017, 1038 (2021) (Gorsuch J., concurring). This petition seeks resolution of an issue that has divided court…

Whether a federal district court has jurisdiction to hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks to enjoin that proceeding, based on an alleged constitutional defect in the statutory provisions that govern the removal of the administrative law judge who will conduct the procee…

After petitioner acquired an essentially insolvent competitor, it found itself subjected to the review of the Federal Trade Commission (FTC), rather than the Department of Justice (DOJ). While the DOJ route promises early access to judicial review, the FTC track is an altogether different matter. Petitioner faced a series of unreasonable demands fr…

This case presents a direct and acknowledged conflict regarding an important question of statutory construction under the Bank Secrecy Act, 31 U.S.C. 5311 et seq., which generally requires taxpayers to report their interests in foreign bank accounts.Under the Act, Congress instructed the Treasury Secretary to ''require a resident or citizen of the …

In Simmons v. South Carolina, 512 U.S. 154 (1994), this Court held that in cases where a capital defendant's future dangerousness is at issue, due process entitles the defendant to inform the jury that he will be ineligible for parole if not sentenced to death. For many years thereafter, the Arizona Supreme Court refused to apply Simmons. In Lynch …

Under 28 U.S.C. § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by this Court. 28 U.S.C. § 2255(h). 28 U.S.C. § 2255(e), however, also all…