Whether the Tenth Circuit's application of the Garcetti/Pickering test to analyze a group's concerted speech to elected officials was appropriate in light of this Court's decisions in Janus v. AFSCME, Council 31, 138 S. Ct. 2448, 2472-73 (2018) and United States v. Nat'l Treasury Emples. Union, 513 U.S. 454, 466-67, 115 S. Ct. 1003, 1013 (1995) which hold that Garcetti/Pickering was not intended for use in analyzing group speech under the First Amendment.

Whether a Party can be properly "put on notice" to prospectively argue defenses to issues not raised by the movant on summary judgment, merely because a legal test was mentioned in a previous Court order.

Whether the First Amendment protects group speech by public employees petitioning elected officials about workplace concerns under an expanded Garcetti/Pickering analysis that considers the collective nature of the speech