Amy Howe

Jun 27 2024

And then there were seven — the remaining cases

When the justices return to the bench on Friday morning, they will have seven decisions left to release before their summer recess. (This assumes that the court issues two opinions in the challenges to Texas and Florida laws that would regulate large social-media companies.) The justices are not expected to issue all seven opinions on Friday; they have already announced that they will also release opinions on Monday, July 1 — which may not even be the last day of the term.

Here are brief summaries of the remaining cases:

  1. Relentless v. Department of Commerce & Loper Bright Enterprises v. Raimondo (argued Jan. 17, 2024): Whether the Supreme Court should overrule or limit its 1984 decision in Chevron v. Natural Resources Defense Council, in which it held that when a federal statute is ambiguous, courts should defer to an agency’s interpretation of that law as long as it is reasonable. The question comes to the court in a challenge to a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay for the costs, estimated at $710 per day, of having observers on fishing boats to collect data about the boats’ catches.
  2. Corner Post v. Board of Governors of the Federal Reserve System (argued Feb. 20, 2024): Whether the six-year statute of limitations to challenge an action by a federal agency begins to run when the agency issues the rule or instead when the plaintiff is actually injured. The question comes to the court in a challenge to a rule issued by the Federal Reserve in 2011 that caps debit-card processing fees. Because the truck stop challenging the rule did not open for business until 2018, it contends that the statute of limitations did not begin to run until it processed its first debit-card transaction that year.
  3. Moody v. NetChoice & NetChoice v. Paxton (argued Feb. 26, 2024): Whether laws in Florida and Texas that seek to regulate how large social media companies like Facebook and X control content posted on their sites violate the First Amendment. The two states passed the laws in 2021 in response to a belief that social media companies were censoring their users, especially those with conservative views. A federal appeals court in Atlanta blocked Florida from enforcing most of its law, while a different appeals court upheld the Texas law, although the Supreme Court put it on hold while the challenge by tech groups continued.
  4. Fischer v. United States (argued April 16, 2024): Whether a federal law that makes it a crime to corruptly obstruct congressional inquiries and investigations can be used to prosecute participants in the Jan. 6, 2021, attacks on the U.S. Capitol. The question comes to the court in the case of a former Pennsylvania police officer who entered the Capitol on Jan. 6.
  5. City of Grants Pass v. Johnson (argued April 22, 2024): Whether an ordinance in an Oregon city that bars people who are homeless from using blankets, pillows, or cardboard boxes for protection from the elements while sleeping within the city limits violates the Eighth Amendment’s ban on cruel and unusual punishment.
  6. Trump v. United States (argued April 25, 2024): Whether (and, if so, to what extent) a former president has absolute immunity from criminal prosecution for his official acts while in office. The question comes to the court in Special Counsel Jack Smith’s prosecution of former President Donald Trump on criminal charges that he conspired to overturn the results of the 2020 election.

Amy L Howe
Until September 2016, Amy served as the editor and reporter for SCOTUSblog, a blog devoted to coverage of the Supreme Court of the United States; she continues to serve as an independent contractor and reporter for SCOTUSblog. Before turning to full-time blogging, she served as counsel in over two dozen merits cases at the Supreme Court and argued two cases there. From 2004 until 2011, she co-taught Supreme Court litigation at Stanford Law School; from 2005 until 2013, she co-taught a similar class at Harvard Law School. She has also served as an adjunct professor at American University’s Washington College of Law and Vanderbilt Law School. Amy is a graduate of the University of North Carolina at Chapel Hill and holds a master’s degree in Arab Studies and a law degree from Georgetown University.
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