constitutional-scrutiny
37 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-765 | Health Freedom Defense Fund, Inc., a Wyoming Not-for-Profit Corporation, et al. v. Alberto Carvalho, in His Official Capacity as Superintendent of the Los Angeles United School District, et al. | Ninth Circuit | 2025-12-30 | Pending | Amici (2)Response RequestedResponse Waived | constitutional-scrutiny fundamental-rights government-mandate judicial-review medical-treatment rational-basis-review | 1. Does this Court's opinion in Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905), limit a court's review of government mandated medical t… |
| 25-6369 | Donnell S. Durham v. United States | Fourth Circuit | 2025-12-15 | Denied | Response WaivedIFP | bruen-test constitutional-scrutiny felony-ban firearms-possession historical-tradition second-amendment | Is the lifetime ban for possession of firearms by all felons, codified at 18 U.S.C. §922(g)(1), facially unconstitutional under New York State Rifle &… |
| 25-6122 | Joshua Corbin Granger v. United States | Eleventh Circuit | 2025-11-14 | Denied | Response WaivedRelisted (3)IFP | constitutional-scrutiny criminal-law due-process felons-rights firearm-possession second-amendment | 1. Do convicted felons have a Second Amendment right, or do only law-abiding persons enjoy this right? 2. Does 18 U.S.C. §§ 922(g)(1) and 924(a)(2) w… |
| 25-442 | Joseph J. Roybal, Sheriff, El Paso County, Colorado, et al. v. Darlene Griffith | Tenth Circuit | 2025-10-10 | Pending | Amici (1) | constitutional-scrutiny due-process eighth-amendment equal-protection prison-policies transgender-rights | 1. Whether a transgender inmate's challenge to sex-based prison policies is subject to heightened scrutiny under United States v. Virginia, 518 U.S. 5… |
| 25-5420 | Perry Jaquan Jackson v. United States | Fourth Circuit | 2025-08-20 | Denied | Response WaivedIFP | bruen-test constitutional-scrutiny felony-ban firearm-possession historical-tradition second-amendment | Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C. § 922(g)(1), plainly unconstitutional on its face under New York St… |
| 25-138 | Margo Roman v. Massachusetts Board of Registration in Veterinary Medicine | Massachusetts | 2025-08-05 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | constitutional-scrutiny first-amendment licensing-board occupational-speech professional-licensure speech-regulation | whether a state occupational licensing board is entitled to apply a lower standard of constitutional scrutiny to speech that is neither commercial nor… |
| 24-1025 | Daniel Z. Crowe, et al. v. State Bar of Oregon, et al. | Ninth Circuit | 2025-03-25 | Denied | Amici (6) | circuit-split constitutional-scrutiny first-amendment free-association legal-profession mandatory-bar | In Keller v. State Bar of California , 496 U.S. 1, 13-14 (1990), this Court held that it is constitutional for states to require attorneys to join and… |
| 24A746 | Kingston Kohr, LLC v. City of Irvine, California | California | 2025-01-30 | Presumed Complete | constitutional-scrutiny demolition eminent-domain fifth-amendment property-rights regulatory-taking | Question not identified. | |
| 24-6133 | Kyle Wolfe v. Jill Krowinski | Vermont | 2024-12-13 | Denied | IFP | constitutional-scrutiny first-amendment free-speech petition-rights second-amendment state-law | Are current Vermont State Statutes 15 § V.S.A. 5133(e) and 12 V.S.A. § 5131(3) constitutional by U.S. Amendment 1 and Amendment 2 standards? And is OR… |
| 24-642 | Lamel Jeffery, et al. v. City of New York, New York, et al. | Second Circuit | 2024-12-12 | Denied | Response Waived | constitutional-scrutiny curfew-restrictions due-process emergency-powers fundamental-rights judicial-notice | The freedom of movement is "a necessary concomitant of the stronger Union the Constitution created." U.S. v. Guest, 383 U.S. 745, 758 (1966). It is "a… |
| 24-276 | Ryan Crownholm, et al. v. Richard B. Moore, in His Official Capacity as Executive Officer of the California Board for Professional Engineers, Land Surveyors, and Geologists, et al. | Ninth Circuit | 2024-09-11 | Pending | Amici (1)Response RequestedResponse WaivedRelisted (6) | conduct-distinction constitutional-scrutiny first-amendment occupational-licensing professional-speech speech-regulation | 1. What standard applies to determine whether an occupational licensing law's restriction on a person's use, creation, and dissemination of informatio… |
| 23-7283 | Hector Manuel Gomez Rodriguez v. United States | Ninth Circuit | 2024-04-22 | Denied | Response WaivedRelisted (2)IFP | 21-usc-841 constitutional-scrutiny criminal-procedure cruel-and-unusual-punishment eighth-amendment mandatory-minimum mandatory-minimum-sentences non-capital-sentences proportionality-review sentencing | Did the Ninth Circuit contravene Harmelin's plurality and Ewing by essentially exempting all sentences that a district court imposes under 21 U.S.C. §… |
| 23-996 | Jeanna Norris, et al. v. Samuel L. Stanley, Jr., in His Official Capacity as President of Michigan State University, et al. | Sixth Circuit | 2024-03-12 | Denied | Amici (3)Response Waived | bodily-autonomy civil-liberties civil-rights constitutional-scrutiny due-process heightened-scrutiny jacobson-v-massachusetts medical-treatment public-health vaccine-mandate | Whether Jacobson v. Massachusetts , 197 U.S. 11 (1905) , when read in light of this Court's later acknowledgment that the right to refuse treatment is… |
| 23-523 | Board of Supervisors of San Bernardino County v. Lynna Monell, Clerk, Board of Supervisors of San Bernardino County, et al. | California | 2023-11-16 | Denied | Response Waived | ballot-access candidate-restrictions civil-rights constitutional-scrutiny equal-protection freedom-of-association political-association term-limits voting-rights | Does a term limit that bans incumbents from ever running for reelection merit heightened scrutiny? |
| 23-500 | James Gimenez v. Franklin County, Washington, et al. | Washington | 2023-11-14 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | at-large-elections constitutional-law constitutional-scrutiny election-systems equal-protection gerrymandering racial-polarization redistricting voting-rights | Whether the Washington Voting Rights Act is subject to strict scrutiny. |
| 23-440 | S. B., on Behalf of Her Minor Daughter, S. B. v. Jefferson Parish School Board, et al. | Fifth Circuit | 2023-10-26 | Denied | Amici (1) | 14th-amendment 4th-amendment civil-rights constitutional-scrutiny corporal-punishment due-process excessive-force fourteenth-amendment fourth-amendment section-1983 | 1. Is unconstitutionally excessive corporal punishment by a public-school employee cognizable under § 1983 (as nine circuits hold), or is it not (as o… |
| 23-5045 | Evans Samuel Santos Diaz v. United States | Third Circuit | 2023-07-05 | Denied | Response WaivedIFP | associational-rights conditions-of-release constitutional-scrutiny criminal-procedure due-process first-amendment freedom-of-association individual-liberty supervised-release | 1. The First Amendment guarantees individuals a right to associate. Petitioner and his fiancée want to associate. The Court of Appeals affirmed a dist… |
| 22-611 | Kevin Lindke v. James R. Freed | Sixth Circuit | 2023-01-04 | Judgment Issued | Amici (9)Relisted (2) | civil-rights constitutional-scrutiny first-amendment free-speech government-duty government-official public-forum public-official social-media state-action | Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or … |
| 22-5264 | Cody Gober v. United States | Sixth Circuit | 2022-08-02 | Denied | Response WaivedIFP | concurrent-sentence constitutional-scrutiny criminal-procedure due-process federal-criminal-procedure federal-sentence post-conviction-relief sentencing sixth-circuit state-sentence | Whether the due process rights of the Petitioner were violated by the failure of the trial court to address, first at sentencing and then in a post-se… |
| 21-1532 | Brian Davison v. Deborah Rose, et al. | Fourth Circuit | 2022-06-07 | Denied | civil-procedure civil-rights constitutional-scrutiny due-process first-amendment free-speech government-action government-speech public-forum speech-restriction standing viewpoint-discrimination | 1. Whether a forum and scrutiny analysis are required when considering First Amendment infringement claims involving the government barring citizen sp… | |
| 21-7576 | Edward Wright v. United States | Ninth Circuit | 2022-04-08 | Denied | Response WaivedIFP | child-pornography constitutional-scrutiny liberty-interests non-delegation-doctrine overbreadth plea-agreement supervised-release third-party-notification vagueness | I. Currently, the Circuits are split as to whether the standard federal supervision condition requiring third-party risk notification is constitutiona… |
| 21-779 | Mark E. Schell v. Richard Darby, Chief Justice, Supreme Court of Oklahoma, et al. | Tenth Circuit | 2021-11-24 | Denied | Amici (5)Response RequestedResponse WaivedRelisted (2) | bar-dues compulsory-fees constitutional-scrutiny exacting-scrutiny first-amendment ideological-speech mandatory-bar-dues political-speech union-fees | Are mandatory bar dues that subsidize the political and ideological speech of bar associations subject to "the same constitutional rule" of exacting F… |
| 21-766 | Douglass Properties II, LLC v. City of Olympia, Washington | Washington | 2021-11-23 | Denied | constitutional-scrutiny due-process government-discretion impact-fees koontz-v-st-johns land-use land-use-permit nollan-dolan-doctrine nollan-v-california-coastal-commission property-rights takings | Whether, after Koontz, the Nollan/Dolan doctrine applies generally to impact fees, i.e., whether after Koontz there is any distinction between "adjudi… | |
| 21-695 | Bennie Anderson v. New Jersey | New Jersey | 2021-11-12 | Denied | Response Waived | constitutional-scrutiny eighth-amendment excessive-fines excessive-fines-clause national-importance pension-seizure public-pensions punitive-forfeiture punitive-forfeitures state-action | Can a state insulate its punitive forfeitures from federal constitutional scrutiny by limiting the definition of what constitutes a "fine" for purpose… |
| 21-6226 | K. Jeffery Knapp v. United States | Ninth Circuit | 2021-11-09 | Denied | Response WaivedIFP | burden-shift constitutional-scrutiny ex-post-facto restoration-statutes rights-restoration unconditional-discharge | Petitioner K. Jeffery Knapp is man who owned and operated a successful Montana business. He is a man who had a past, having served prison time for Col… |
| 21-219 | Clear Channel Outdoor, LLC v. Henry J. Raymond, Director, Department of Finance of Baltimore City | Maryland | 2021-08-16 | Denied | Amici (3)Relisted (2) | billboard-regulation commercial-speech constitutional-scrutiny content-based content-discrimination first-amendment strict-scrutiny takings tax-law zoning | Whether a tax singling out off-premises billboards is subject to heightened scrutiny under the First Amendment. |
| 21-5053 | Hernando Javier Vergara v. United States | Eleventh Circuit | 2021-07-08 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release | In a previous holding (United States v Raymond , 588 U.S., 139 S.Ct._, 204 L. Ed. 2d 897 LEXIS 4398 (2019), this Court ruled that 18 U.S.C. §3583(1*;)… |
| 20-1678 | Daniel Z. Crowe, et al. v. Oregon State Bar, et al. | Ninth Circuit | 2021-06-02 | Denied | Amici (10)Response Waived | attorney-regulation compelled-speech constitutional-scrutiny first-amendment free-speech keller-v-state-bar mandatory-dues political-speech public-sector-unions state-bar | This Court has held that "exacting" First Amendment scrutiny applies to laws that force public employees to subsidize the speech and political activit… |
| 20-7089 | Kemen Lavatos Taylor, II v. Tim Walz, Governor of Minnesota, et al. | Eighth Circuit | 2021-02-09 | Denied | Response WaivedIFP | constitutional-scrutiny courtroom-closure courtroom-closures eighth-circuit-court-of-appeals judicial-procedure minnesota-supreme-court public-trial sixth-amendment triviality-exception | 1. Whether the Sixth Amendment's public trial guarantee contains a triviality exception, consistent with the Minnesota Supreme Court and Eight Circuit… |
| 20-999 | Lloyd Industries, Inc. v. Ronald Watson | Third Circuit | 2021-01-26 | Denied | civil-rights constitutional-scrutiny due-process free-speech punitive-damages ratio ratio-analysis reprehensibility title-vii | Should this Court grant a Writ of Certiorari: 1. to correct a pervasive error by many lower courts, including the Third Circuit in this case, which h… | |
| 20-961 | John Henry Ryskamp v. Commissioner of Internal Revenue | Ninth Circuit | 2021-01-15 | Denied | Response Waived | article-i-section-8 constitutional-scrutiny due-process first-amendment free-speech general-welfare janus-precedent janus-v-afscme speech-component tax tax-system | Under Janus v. AFSCME, does the U.S. tax system violate U.S. Const, amend I because it contains a prohibited individually enforceable protected speech… |
| 19-1368 | Walmart Stores, Inc., et al. v. Texas Alcoholic Beverage Commission, et al. | Fifth Circuit | 2020-06-12 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (2) | commerce-clause constitutional-scrutiny corporate-form discriminatory-effect dormant-commerce-clause exxon-corp-v-governor-of-maryland exxon-v-maryland interstate-commerce state-protectionism | Whether a state law that has the predominant effect of protecting in-state retailers from out-of-state competition is immune from constitutional scrut… |
| 19-1081 | Arlene Rosenblatt v. City of Santa Monica, California, et al. | Ninth Circuit | 2020-03-04 | Denied | circuit-split constitutional-scrutiny discriminatory-purpose dormant-commerce-clause extraterritorial-reach interstate-commerce legislative-intent nonresident-discrimination presumption-of-no-extraterritorial-intent | Under the dormant Commerce Clause framework set forth by this Court, a state law is subject to heightened scrutiny if it either "discriminates against… | |
| 19-847 | Jonathan Reisman v. Associated Faculties of the University of Maine, et al. | First Circuit | 2020-01-06 | Denied | Amici (11)Response RequestedResponse WaivedRelisted (2) | associational-freedoms compelled-association constitutional-scrutiny exclusive-representation first-amendment free-speech labor-union labor-unions public-sector public-sector-employees | Whether it violates the First Amendment to designate a labor union to represent and speak for public-sector employees who object to its advocacy on th… |
| 18-9219 | Yaqob Tafan Thomas v. Joseph P. Meko, Warden | Sixth Circuit | 2019-05-09 | Denied | Response WaivedIFP | aggravating-factor alternative-means burden-of-proof constitutional-challenge constitutional-scrutiny due-process jury-instructions presumption richardson-v-us-schad-v-arizona | 1. DOES IT VIOLATE THE DUE PROCESS CLAUSE WHEN A STATE INTENTIONALLY REFUSES TO DEFINE EVERY ELEMENTAL FACT IN "ALTERNATIVE MEANS" STATUTE THEREBY CR… |
| 18-719 | Kathleen Uradnik v. Inter Faculty Organization, et al. | Eighth Circuit | 2018-12-04 | Denied | Amici (9)Response RequestedResponse WaivedRelisted (2) | association associational-freedoms compelled-association constitutional-scrutiny exclusive-representation first-amendment free-speech labor-union labor-unions public-sector public-sector-employees | Whether it violates the First Amendment to appoint a labor union to represent and speak for public-sector employees who have declined to join the unio… |
| 18-5991 | Johnny Ray Bennett v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-09-14 | Denied | IFP | civil-rights constitutional-scrutiny double-jeopardy due-process ex-post-facto habeas-corpus jurisdiction subject-matter-jurisdiction unlawful-detention | WOULD THE 2002 ENACTMENTS VIOLATE THE EX POST FACTO CLAUSES OF THE STATE AND FEDERAL CONSTITUTION, IF ITS RETROACTIVITY DID NOT CURE THE DEFECTS OF CH… |