strict-scrutiny

95 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-780 Leda Health Corporation, a Delaware Corporation v. Bob Ferguson, Governor of Washington, et al. Ninth Circuit 2026-01-05 Pending Response Waived commercial-speech content-restriction first-amendment marketing-speech strict-scrutiny viewpoint-discrimination The State of Washington makes it unlawful to sell a lawful product "with which evidence of sexual assault is collected" if, and only if, the seller "m…
25A735 Mike Yoder, et al. v. Scott Bowen, Director, Michigan Department of Natural Resources Sixth Circuit 2025-12-22 Application drones first-amendment government-ban non-political-speech speech-inputs strict-scrutiny Question not identified.
25-703 Calvary Chapel San Jose, et al. v. California, et al. California 2025-12-17 Pending Amici (7) church-autonomy covid-restrictions excessive-fines free-exercise-clause religious-liberty strict-scrutiny At issue in this case is the ability of government to referee religious services in a house of worship. Government officials in California imposed COV…
25-533 Minnesota Deer Farmers Association, et al. v. Sarah Strommen, Commissioner of the Minnesota Department of Natural Resources, or her successor, et al. Eighth Circuit 2025-10-31 Denied Amici (4) demographic-discrimination equal-protection fourteenth-amendment fundamental-rights legal-vocation strict-scrutiny 1. Whether pursuing a legal vocation that is completely prohibited by state law for a demographic group is a fundamental right under the Fourteenth Am…
25-407 Scott Breimeister v. United States Fifth Circuit 2025-10-06 Pending Amici (1)Response RequestedResponse Waived double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny I. What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim? II. Does strict scrutiny app…
25-5661 In Re Ronald Freeman 2025-09-17 Denied Relisted (2)IFP constitutional-rights due-process federal-detention habeas-corpus liberty-interest strict-scrutiny Tens of millions of persons have been deprived of their liberty for violating marijuana criminal and civil laws that proscribed marijuana. All detaine…
25-126 Michael Kane, et al. v. City of New York, New York, et al. Second Circuit 2025-08-01 Denied Amici (2)Relisted (2) accommodation first-amendment religious-discrimination strict-scrutiny title-vii undue-hardship Whether strict scrutiny applies to a discretionary religious-accommodation scheme that turns on whether individuals follow organized religion and whet…
25-113 Breanna Renteria, et al. v. New Mexico Office of the Superintendent of Insurance, et al. Tenth Circuit 2025-07-30 Pending CVSGAmici (1)Response RequestedResponse WaivedRelisted (2) employment-division-v-smith first-amendment health-care-sharing-ministry preemption religious-exercise strict-scrutiny Petitioners Breanna Renteria and Laura Smith joined a ministry with fellow Christian believers to share healthcare costs. Petitioners' religious belie…
24A1191 Virginia Duncan, et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2025-06-04 Presumed Complete en-banc-review firearms-regulation magazine-capacity second-amendment self-defense strict-scrutiny Question not identified.
24-932 Pierre Kory, et al. v. Rob Bonta, Attorney General of California, et al. Ninth Circuit 2025-02-27 Pending Amici (1)Response RequestedResponse WaivedRelisted (2) content-neutrality first-amendment medical-communication physician-speech strict-scrutiny viewpoint-discrimination 1. Should this Court grant this petition to resolve the widening conflict between the Ninth Circuit, which started in Tingley v. Ferguson , 47 F.4th…
24-881 Georgia Association of Club Executives, Inc. v. Georgia, et al. Georgia 2025-02-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) content-based-regulation first-amendment intermediate-scrutiny reed-v-gilbert strict-scrutiny tax-law A Georgia statute imposes a tax that, on its face, singles out businesses defined by the content of their expression; the State seeks to justify the t…
24A670 Pierre Kory, MD, et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2025-01-08 Presumed Complete covid-19 first-amendment government-regulation medical-speech physician-speech strict-scrutiny According to the district court and the Ninth Circuit, all speech between a doctor and a patient is unprotected by the First Amendment because it is a…
24-5971 Maritza Ortiz v. Supreme Court of Puerto Rico Puerto Rico 2024-11-15 Denied IFP constitutional-rights ethics-rules first-amendment free-speech petitioning-redress strict-scrutiny The question presented is whether, under this specific circumstance 1, and under this Supreme Court of the United States ' precedents, interpreting th…
24A440 John Stockton, et al. v. Robert Ferguson, Attorney General of Washington, et al. Ninth Circuit 2024-11-04 Presumed Complete constitutional-protection covid-19 first-amendment government-censorship physician-speech strict-scrutiny 1. Is Respondents' enforcement program of investigating, prosecuting, and sanctioning Washington physicians for their public speech on COVID-19 patent…
24-5833 Douglas Fauconier v. Virginia Fourth Circuit 2024-10-28 Denied Response WaivedIFP due-process equal-protection fourteenth-amendment parole-eligibility section-1983 strict-scrutiny A. Did the substantive component of the Fifth and Fourteenth Amendments ' Due Process Clauses require the United States Court of Appeals for the Four…
24-340 Jane Doe, on Behalf of Herself and Her Minor Child, Sarah Doe v. Franklin Square Union Free School District Second Circuit 2024-09-25 Denied Response Waived bodily-autonomy experimental-treatment fundamental-rights medical-intervention public-health strict-scrutiny 1. Whether a child has a fundamental right to refuse an experimental medical intervention that places her at serious risk of harm. 2. Whether stric…
24-338 Troy A. Minter v. Alexander Falconi, et al. Nevada 2024-09-25 Denied Response Waived constitutional-rights divorce-proceedings family-court first-amendment public-access strict-scrutiny 1. Whether a state statute permitting the closing of a hearing in a divorce case upon the request of one party violates an implied First Amendment con…
24-319 Roman Catholic Diocese of Albany, et al. v. Adrienne A. Harris, Superintendent, New York Department of Financial Services, et al. New York 2024-09-20 GVR Amici (7)Relisted (2) employment-division-v-smith first-amendment neutrality-test religious-exemption religious-organizations strict-scrutiny In 2017, New York promulgated a regulation mandating that employer health insurance plans cover abortions. N.Y. Comp. Codes R. & Regs. tit. 11, § 52.1…
24-222 Kathryn Dana Papp v. Pennsylvania Pennsylvania 2024-08-29 Denied constitutional-rights first-amendment harassment-law speech-criminalization state-supreme-court strict-scrutiny Whether the First Amendment permits the government to criminalize speech on the basis that the speaker intends to harass, annoy, or alarm.
24-5267 Richard George Baxter v. State Bar of California California 2024-08-08 Denied IFP content-based-restriction embezzlement first-amendment fraud-regulation mortgage-fraud strict-scrutiny 1. The first questions presented is whether a California law requiring fraud embezzlement, and forgery are legitimate covering the court proceedings. …
24-141 S. M. v. R. R. C. New Jersey 2024-08-07 Denied child-custody family-law judicial-review parental-fitness strict-scrutiny visitation-rights 1. Whether the "fitness of the parent " is the appropriate test in determining child custody and reasonable visitation. 2. Whether "strict scrutiny…
24A52 The Walt Disney Company v. New York Tax Appeals Tribunal, et al. New York 2024-07-16 Presumed Complete dormant-commerce-clause facial-discrimination interstate-commerce royalty-income state-taxation strict-scrutiny Question not identified.
24-22 Lauren N. Stone v. Theodore Worner, et al. Pennsylvania 2024-07-09 Denied Response Waived child-custody due-process fourteenth-amendment fundamental-rights grandparent-visitation harm-to-child parental-rights strict-scrutiny Does Pennsylvania's Child Custody Act, 23 Pa. Stat. and Cons. Stat. Ann. § 5325, permitting a judge to grant to a grandparent, over a fit parent's obj…
23-1264 X Corp., fka Twitter, Inc. v. United States District of Columbia 2024-06-03 Denied Amici (2) communications-provider electronic-communications executive-privilege first-amendment nondisclosure-order service-provider strict-scrutiny user-privacy warrant-service 1. Whether an electronic communications service provider can be compelled to produce potentially privileged user communications before adjudication of…
23-1122 Free Speech Coalition, Inc., et al. v. Ken Paxton, Attorney General of Texas Fifth Circuit 2024-04-16 Judgment Issued Amici (45)Relisted (2) adults-access constitutional-rights content-based-restriction first-amendment free-speech protected-speech rational-basis rational-basis-review strict-scrutiny This Court has repeatedly held that States may rationally restrict minors' access to sexual materials, but such restrictions must withstand strict scr…
23-960 Independence-Alliance Party of Minnesota v. Steve Simon, Minnesota Secretary of State Eighth Circuit 2024-03-04 Denied Response Waived anderson-burdick ballot-access first-amendment minor-political-party nominating-petition political-participation strict-scrutiny Whether an unnecessarily confusing oath requirement in a minor political party candidate's nominating petition to gain access to the ballot is subject…
23-835 Association of Club Executives of Dallas, Inc., et al. v. City of Dallas, Texas Fifth Circuit 2024-02-05 Denied Response Waived content-based content-neutral content-neutrality evidentiary-burden first-amendment intermediate-scrutiny secondary-effects sexually-oriented-businesses strict-scrutiny 1. The secondary effects doctrine of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), provides that regulations adopted for the content-…
23A568 Deanne R. Upson Giese v. William Earl Wallace, III Maryland 2023-12-19 Presumed Complete child-custody constitutional-rights equal-rights-amendment gender-discrimination parental-rights strict-scrutiny Question not identified.
23-5831 Roberto Carlos Mendives, Individually and On Behalf of His Four Minor Children, R. C. M., II, M. A. M., G. L. M., and E. F. M. v. Bexar County, Texas, et al. Fifth Circuit 2023-10-18 Denied Response WaivedIFP child-custody civil-rights due-process family-law first-amendment fourteenth-amendment parens-patriae parental-rights standing strict-scrutiny 1. Whether this court should overrule the fact that the state court has separated a fit parent from his/her minor children without an adjudication hea…
23-246 Donivon Craig Tingle v. Florida Department of Health Florida 2023-09-14 Denied Response Waived due-process equal-protection governmental-action inherent-powers medical-marijuana pigford-v-glickman race-discrimination strict-scrutiny 1. Whether the actions of Florida, through its legislative and executive branches in passing, implementing, and enforcing the Rule and the Statute con…
23A206 James Gimenez v. Franklin County, et al. Washington 2023-09-01 Presumed Complete at-large-voting electoral-systems equal-protection-clause racially-polarized-voting strict-scrutiny voting-rights-act Question not identified.
23-182 James W. Tindall v. Department of Labor, Administrative Review Board Eleventh Circuit 2023-08-25 Denied Response Waived 1st-amendment administrative-procedure article-iii constitutional-review federal-sovereign-immunity first-amendment judicial-power judicial-review sovereign-immunity standing strict-scrutiny us-constitution 1. ) Whether the doctrine of federal sovereign immun ity has any basis in the U.S. Constitution or is pre cluded by the U.S. Const., Art. Ill, Sec. 2…
22-7780 John Thomas Entler v. Eric Jackson, et al. Washington 2023-06-13 Denied Response WaivedIFP burden-of-proof prison-regulations religiosity religious-accommodation religious-exercise rluipa sincerely-held-beliefs sincerity strict-scrutiny substantial-burden A. WHETHER PRISON OFFICIALS CAN REQUIRE PRISONERS TO SHOW CENTRALITY IN W-DOC'S RRIS APPLICATION PROCESS FOR REQUESTING RELIGIOUS ACCOMMODATIONS, AND …
22-1033 Eugene Mazo, et al. v. Tahesha Way, New Jersey Secretary of State, et al. Third Circuit 2023-04-25 Denied Amici (8)Response RequestedResponse WaivedRelisted (2) ballot ballot-restrictions civil-rights content-based-regulation content-regulation election first-amendment free-speech political-speech strict-scrutiny viewpoint-discrimination Whether a state that permits political candidates to engage in core political speech on the ballot may restrict that speech on the basis of content an…
22-748 Golden Glow Tanning Salon, Incorporated v. City of Columbus, Mississippi Fifth Circuit 2023-02-09 Denied Response Waived civil-rights constitutional-law due-process economic-liberty fundamental-right individual-liberty lawful-occupation occupation strict-scrutiny Is the right to pursue a lawful occupation a fundamental right deeply rooted in this nation's history and traditions such that any infringement upon t…
22-420 In Re Ohio, ex rel. Terpsehore P. Maras 2022-11-04 Denied Response Waived constitutional-challenge election-law election-observers equal-protection fundamental-right-to-vote independent-candidates party-representation political-parties strict-scrutiny voting-rights The question presented is whether Ohio law allowing for Republican and Democratic Parties' election observers in any Ohio precinct or board of electio…
22-404 Jane Goe, Sr., on Behalf of Herself and Her Minor Child, et al. v. James V. McDonald, et al. Second Circuit 2022-11-01 Denied Response Waived due-process fundamental-rights jacobson-v-massachusetts medical-exemption public-health strict-scrutiny unconstitutional-conditions vaccine-mandate 1. Whether families have a fundamental right to a medical exemption in cases where their child's state-licensed physician determines that the child is…
22-365 Reform America, dba Created Equal, et al. v. City of Detroit, Michigan, et al. Sixth Circuit 2022-10-18 Denied Response Waived civil-rights first-amendment free-speech protest-rights public-forum security-justification strict-scrutiny viewpoint-discrimination For two days in July, the City of Detroit hosted the 2019 Democratic Party presidential candidate debates, which were held at the Fox Theatre. The Cit…
22-108 Richard R. Watkinson v. Alaska Department of Corrections, et al. Ninth Circuit 2022-08-03 Denied Response RequestedResponse WaivedRelisted (5) free-exercise free-exercise-clause government-neutrality prisoner-rights religious-accommodation religious-accommodations rluipa strict-scrutiny substantial-burden 1. Does the Free Exercise Clause permit a prison to deny accommodations to the Petitioner for his religious exercise that it already allows for secula…
21-1350 Jack Jordan v. Department of Labor, et al. Eighth Circuit 2022-04-14 Denied Response Waived administrative-procedure-act agency-sanctions constitution constitutional-precedent free-speech freedom-of-speech judicial-review petition precedent strict-scrutiny 1. Whether, in adjudications under the Administrative Procedure Act ("APA"), federal judges are free to flout and knowingly violate (and help administ…
21-1249 John E. Cassidy v. Massachusetts Massachusetts 2022-03-15 Denied Response Waived due-process firearm-licensing firearm-possession home-possession licensing-scheme new-residents privileges-and-immunities second-amendment strict-scrutiny Does The Second Amendment's 'core' protections, The Due Process Clause, and Privileges and Immunities Clause extend to new residents when they 'import…
21-1003 F. F., as Parent of Y. F., et al. v. New York, et al. New York 2022-01-14 Denied constitutional-rights first-amendment free-exercise free-exercise-clause narrow-tailoring religious-bias religious-exemption school-vaccination strict-scrutiny vaccination-requirement Does New York's religious exemption repeal violate the First Amendment's Free Exercise Clause because (1) either (a) it allows for secular exemptions …
21-6735 Gregory A. Rollins v. Illinois Illinois 2021-12-28 Denied Response WaivedIFP child-photography constitutional-challenge content-based content-based-restriction first-amendment government-interest intermediate-scrutiny public-place strict-scrutiny This Court has held that a statute restricting photographs, videos, or sound recordings is presumptively invalid under the First Amendment to the Cons…
21-890 Gaspee Project, et al. v. Diane C. Mederos, et al. First Circuit 2021-12-15 Denied Response RequestedResponse WaivedRelisted (3) campaign-finance commercial-speech compelled-speech constitutional-law disclosure-requirements donor-disclosure first-amendment free-speech issue-advocacy strict-scrutiny Rhode Island law requires most issue advocacy groups that mention a candidate or referendum in a communication before an election to register with the…
21-809 Alexander Gallo v. District of Columbia District of Columbia 2021-12-01 Rehearing Response WaivedRelisted (2) access-to-courts civil-procedure civil-rights contract-clause due-process eviction-moratorium property-rights standing strict-scrutiny takings takings-clause In 2020, several states and municipalities imposed uncompensated "eviction ban" moratoria. This petition concerns the District of Columbia's municipal…
21-6309 Patrick Andrew Smith, Jr. v. William Paul Nichols, et al. Sixth Circuit 2021-11-18 Denied Response WaivedIFP civil-rights due-process health-care healthcare-regulations medical-records prescription-guidelines search-and-seizure strict-scrutiny unsettled-area-of-law I . Where the plaintiffs fundamental right to medical treatment is violated under conflict of laws, unsettled area of law statutes and guidelines * p…
21-667 Nathan Ernest Hatch v. State of Minnesota, City of Minneapolis Metropolitan Airports Commission Minnesota 2021-11-04 Denied 2nd-amendment carry-permit civil-rights constitutional-analysis due-process fundamental-rights minnesota-law second-amendment standing strict-scrutiny I. WHETHER, BECAUSE, AS DECLARED BY JUSTICE SCALIA THAT OUR SECOND AMENDMENT RIGHTS ARE FUNDAMENTAL RIGHTS, THE UNITED STATES SUPREME COURT NEEDS TO D…
21-564 Diane Scott Haddock v. Tarrant County, Texas, et al. Fifth Circuit 2021-10-18 Denied Response Waived association-rights constitutional-rights elrod-branti-test first-amendment fourteenth-amendment freedom-of-association freedom-of-petition government-employment pickering-connick-test strict-scrutiny If multiple and distinct First or Fourteenth Amendment rights are involved— either collectively or as alternative factual theories—is each right analy…
21-5974 Eduviges Ayala-Bello and Walter Velez-Gonzalez v. United States Ninth Circuit 2021-10-14 Denied Response WaivedIFP administrative-law agency-policy alienage alienage-classification citizenship-distinction due-process equal-protection immigration rational-basis-review strict-scrutiny Whether agency policies that distinguish on the basis of citizenship automatically receive rational basis review.
21-5821 In Re Eduardo Pineda 2021-09-29 Denied IFP 4th-amendment 5th-amendment constitutional-rights due-process liberty liberty-interest marijuana-regulation police-power strict-scrutiny Does the constitutional right to "liberty" as contained in the due process clause still mean freedom from physical restraint by government police powe…
21-375 Joshua Gray v. Maine Department of Public Safety Maine 2021-09-09 Denied Amici (3)Response Waived civil-rights due-process first-amendment free-speech good-moral-character occupational-licensing professional-license speech-content strict-scrutiny Petitioner Joshua Gray made comments on his Facebook page in which he criticized the conduct of employees of the Respondent Maine Department of Public…
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.
20-1635 Michael Anthony Casillas v. Minnesota Minnesota 2021-05-24 Denied civil-rights criminal-law criminal-statute due-process first-amendment free-speech mens-rea nonconsensual-dissemination obscenity protected-speech strict-scrutiny Does the First Amendment allow a state to criminalize protected speech by means of a statute aimed at prohibiting the nonconsensual dissemination of s…
20-7560 Hakim Jakuin Morris v. Jocelyn B. Cate, et al. Fourth Circuit 2021-03-25 Denied IFP administrative-law civil-liberties civil-procedure civil-rights color-of-law due-process equal-protection property-rights property-seizure standing strict-scrutiny Why was I denied Substantive & Procedural Due process to challenge the validity of the alleged claims made by DMV, DSS and court officials? Why was pr…
20-1346 Calvary Chapel of Bangor v. Janet T. Mills, Governor of Maine First Circuit 2021-03-25 Denied Response RequestedResponse WaivedRelisted (2) employment-division-v-smith establishment-clause first-amendment free-exercise free-exercise-clause government-discrimination jacobson-v-massachusetts pandemic-restrictions preliminary-injunction religious-liberty strict-scrutiny temporary-restraining-order (1) Whether the Free Exercise Clause of the First Amendment prohibits the government from discriminating against houses of worship by restricting the …
20-1199 Students for Fair Admissions, Inc. v. President and Fellows of Harvard College First Circuit 2021-03-01 Judgment Issued CVSGAmici (32)Relisted (4) affirmative-action asian-american-discrimination civil-rights equal-protection higher-education race-based-admissions strict-scrutiny title-vi 1. Should this Court overrule Grutter v. Bollinger, 539 U.S. 306 (2003), and hold that institutions of higher education cannot use race as a factor in…
20-1111 International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 229, AFL-CIO v. National Labor Relations Board Ninth Circuit 2021-02-12 Denied content-based content-based-restriction first-amendment labor-speech national-labor-relations-act secondary-boycott speaker-based strict-scrutiny union-inducement viewpoint-discriminatory Whether the secondary boycott provision of the National Labor Relations Act prohibiting peaceful and non-coercive Union inducement of workers to leave…
20-1081 Illinois Republican Party, et al. v. J. B. Pritzker, Governor of Illinois Seventh Circuit 2021-02-08 Denied Response Waived civil-rights content-based-restriction content-based-restrictions first-amendment free-speech pandemic-regulation political-speech religious-speech strict-scrutiny In Reed v. Town of Gilbert , this Court clarified that content -based restrictions are those that apply to particular speech because of the topic disc…
20-1072 Chad Thompson, et al. v. Richard Michael DeWine, Governor of Ohio, et al. Sixth Circuit 2021-02-05 Denied Amici (1) anderson-burdick anderson-burdick-test ballot-access ballot-initiative electoral-rights first-amendment initiative recurring-issue signature-gathering strict-scrutiny Whether and how the First Amendment applies to regulations that impede a person's ability to place an initiative on the ballot.
20-7028 Amos Mast, et al. v. Fillmore County, Minnesota, et al. Minnesota 2021-02-03 GVR Amici (1)Response RequestedResponse WaivedRelisted (9)IFP compelling-interest government-interest judicial-review least-restrictive-alternative religious-freedom rluipa strict-scrutiny (1) When applying strict scrutiny under RLUIPA, can lower courts rely upon an admission that an interest is compelling generally, or must they require…
20-1029 City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al. Fifth Circuit 2021-01-28 Judgment Issued Amici (21)Response RequestedResponse WaivedRelisted (3) billboard-regulation content-based content-based-regulation first-amendment free-speech metromedia municipal-law reed-v-town-of-gilbert sign-code strict-scrutiny Austin sign code provisions distinguish between on-premise and off-premise signs based solely on location. From this distinction—and unrelated to what…
20-746 South Bay United Pentecostal Church, et al. v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2020-11-30 GVR Amici (2)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-review first-amendment free-exercise free-speech jacobson-v-massachusetts pandemic-restrictions religious-liberty strict-scrutiny Once again, Petitioners South Bay United Pentecostal Church and Bishop Arthur Hodges III ("South Bay") must seek relief from this Court. California, i…
20-639 Calvary Chapel Dayton Valley v. Steve Sisolak, Governor of Nevada, et al. Ninth Circuit 2020-11-10 Denied Amici (6)Relisted (2) covid-19 covid-19-restrictions equal-protection first-amendment free-assembly free-exercise free-exercise-clause free-speech religious-liberty strict-scrutiny 1. Whether the Governor's favoring of secular over religious gatherings violates the Free Exercise Clause. 2. Whether the Governor's favoring of secu…
20-569 Elim Romanian Pentecostal Church, et al. v. J. B. Pritzker, Governor of Illinois Seventh Circuit 2020-10-30 Denied Amici (5)Response RequestedResponse WaivedRelisted (3) content-based-restriction content-based-restrictions first-amendment free-exercise free-exercise-clause jacobson-v-massachusetts pandemic-exception religious-discrimination religious-gatherings strict-scrutiny (1) Whether the Free Exercise Clause of the First Amendment prohibits the government from discriminating against religious gatherings by restricting t…
20-300 James Alan Clark v. Wendy Kristine Clark Washington 2020-09-08 Denied Response Waived child-support due-process equal-custody equal-protection fourteenth-amendment fundamental-liberty-interests residential-credit shared-custody strict-scrutiny 1.) If the interest of parents in the care, custody, and control of their children is one of the oldest of the fundamental liberty interests recognize…
20-5313 Melquan Tucker v. New York New York 2020-08-10 Denied Response WaivedIFP 2nd-amendment civil-rights constitutional-challenge district-of-columbia-v-heller due-process felony-penalties home-protection second-amendment self-defense strict-scrutiny takings Whether New York's Penal Law § 265.01-b(1) is unconstitutional as applied where it imposes criminal, felony penalties when citizens fail to ask for th…
19-7746 William A. Runnels v. Texas Texas 2020-02-24 Denied Response WaivedIFP child-discipline civil-rights constitutional-rights constitutional-rights-of-parents cumulative-error due-process ineffective-assistance ineffective-assistance-of-counsel parental-discipline parental-rights reasonable-discipline strict-scrutiny substitutable-discipline Whether the trial court could infringe on, and take away, a parent's constitutional right to reasonable discipline of their child absent strict scruti…
19-1029 Bethany Austin v. Illinois Illinois 2020-02-19 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) content-based first-amendment free-speech non-consensual-dissemination privacy revenge-porn strict-scrutiny technology 1. Whether strict First Amendment scrutiny applies to a criminal law that prohibits nonconsensual dissemination of non-obscene nude or sexually-orient…
19-974 William T. Schmitt, et al. v. Frank LaRose, Ohio Secretary of State Sixth Circuit 2020-02-04 Denied Amici (2) ballot-initiative ballot-initiatives civil-rights constitutional-law election-law first-amendment free-speech strict-scrutiny subject-matter-restriction subject-matter-restrictions voting-rights Whether the First Amendment and strict scrutiny apply to subject matter restrictions on ballot initiatives.
19-808 Leibundguth Storage & Van Service, Inc. v. Village of Downers Grove, Illinois Seventh Circuit 2019-12-27 Denied commercial-speech content-based content-based-speech first-amendment free-speech government-restriction reed-v-gilbert reed-v-town-of-gilbert strict-scrutiny In Reed v. Town of Gilbert, this Court clarified that content-based restrictions are those that apply to particular speech because of the topic discus…
19-793 Institute for Free Speech v. Rob Bonta, Attorney General of California Ninth Circuit 2019-12-20 GVR Amici (3)Response RequestedResponse WaivedRelisted (4) civil-rights compelled-disclosure donor-disclosure exacting-scrutiny first-amendment free-speech nonprofit nonprofit-association standing state-action strict-scrutiny 1. Whether a state official's demand for all significant donors to a nonprofit organization, as a precondition to engaging in constitutionally-protect…
19-792 Vugo, Inc. v. City of New York, New York Second Circuit 2019-12-20 Denied Amici (2) central-hudson civil-rights commercial-speech content-based-restrictions content-based-speech first-amendment free-speech reed-v-gilbert reed-v-town-of-gilbert strict-scrutiny In Reed v. Town of Gilbert, this Court clarified that content-based restrictions are those that apply to particular speech because of the topic discus…
19-727 Keepers, Inc. v. City of Milford, Connecticut Second Circuit 2019-12-09 Denied Response Waived civil-procedure civil-rights content-based content-based-speech first-amendment free-speech reed-v-gilbert reed-v-town-of-gilbert rule-60(b) rule-60b strict-scrutiny summary-judgment Whether the district court erred in refusing to grant Petitioner relief from summary judgment based on the Supreme Court's superseding decision in Ree…
19-699 Albert D. Moustakis v. Wisconsin Department of Justice Wisconsin 2019-12-03 Denied Response Waived administrative-law case-law common-law discretion discretionary-power judicial-review mandamus open-records open-records-law public-official public-records strict-scrutiny 1.) Whether the common law writ of mandamus may be issued when a public official exercises discretion outside the constraints placed upon the discreti…
19-636 Estate of Earnest Lee Boyland, et al. v. Department of Agriculture, et al. District of Columbia 2019-11-18 Denied Response Waived agency-action civil-rights claims-framework discrimination due-process equal-protection racial-classification racial-discrimination standing strict-scrutiny Is it a denial of Equal Protection for the United States Department of Agriculture ("USDA" or "the Department") and Epiq Class Action & Claims Solutio…
19-458 John Schickel, et al. v. George C. Troutman, et al. Sixth Circuit 2019-10-07 Denied campaign-finance campaign-speech civil-rights due-process first-amendment fourteenth-amendment free-speech legislative-ethics standing strict-scrutiny 1. Whether incumbents and candidates for political office have standing to assert First and Fourteenth Amendment claims regarding: i) pure campaign sp…
19-436 T. R. C. v. Wisconsin Wisconsin 2019-10-02 Denied Response Waived due-process familial-integrity fourteenth-amendment guardian-ad-litem parental-rights strict-scrutiny termination-of-parental-rights 1. Is Wis. Stat. §48.415 unconstitutional as applied when it was used to terminate the Fourteenth Amendment fundamental right of familial integrity of…
19-6048 Franklin Pillier v. Massachusetts Massachusetts 2019-09-25 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea I. WHETHER, WHEN THE COURT ASKS A DEFENDANT IF HE IS GUILTY THIRTY-FIVE TIMES BEFORE INFORMING HIM OF THE RIGHTS HE IS FORFEITING AND THE CONSEQUENCES…
19-333 Arlene's Flowers, Inc., dba Arlene's Flowers and Gifts, et al. v. Washington, et al. Washington 2019-09-12 Rehearing Amici (10)Relisted (13) civil-rights compelled-speech content-based first-amendment free-exercise free-speech public-accommodation religious-freedom religious-hostility same-sex-marriage state-action strict-scrutiny Barronelle Stutzman is a Christian artist who imagines, designs, and creates floral art. She serves everyone and sells pre-arranged flowers for use in…
19-311 Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. Fourth Circuit 2019-09-06 Denied Response RequestedResponse WaivedRelisted (9) appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion I. In review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double jeopardy protection bars retrial afte…
19-281 Capital Associated Industries, Inc. v. Josh Stein, Attorney General of North Carolina, et al. Fourth Circuit 2019-09-03 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) civil-rights content-based-restriction content-based-speech first-amendment fourteenth-amendment freedom-of-association legal-assistance legal-services non-profit non-profit-organizations professional-licensing strict-scrutiny 1. Do the North Carolina statutes prohibiting the Association's attorneys from providing legal assistance to its members violate the freedom of associ…
19-255 Thomas More Law Center v. Rob Bonta, Attorney General of California Ninth Circuit 2019-08-26 Judgment Issued CVSGAmici (1)Relisted (5) charitable-organizations circuit-split civil-rights disclosure-requirements donor-anonymity due-process exacting-scrutiny first-amendment freedom-of-association freedom-of-speech nonprofit strict-scrutiny 1. Whether exacting scrutiny or strict scrutiny applies to disclosure requirements that burden non-electoral, expressive association rights. 2. Wheth…
19-17 Alexander Collin Baker v. Clara Veseliza Baker California 2019-07-01 Denied civil-rights domestic-violence-prevention-act due-process federal-supremacy first-amendment free-speech prior-restraint right-to-petition separation-of-powers strict-scrutiny vagueness vagueness-doctrine 1. Is the DVPA's severable residual clause definition of "abuse" unconstitutionally vague and/or overbroad? 2. Is the "abuse" definition in conflict …
18-9759 Juan Rodriguez v. Illinois Illinois 2019-06-21 Denied Response WaivedIFP cognitive-defects due-process fundamental-rights kennedy-v-mendoza-martinez punishment-analysis rational-basis rational-basis-review sex-offender-registration strict-scrutiny substantive-due-process unfit-defendant I. Does Illinois's SORA scheme constitute punishment that impinges the fundamental right of unfit defendants to be free from trial or sentencing, thus…
18-1098 Daniel E. Witte v. Jayden H. Huynh, nka Jayden Scacco Utah 2019-02-22 Denied 14th-amendment civil-litigation civil-rights constitutional-right constitutional-rights due-process faretta-v-california first-amendment fourteenth-amendment free-speech pro-se-representation self-representation strict-scrutiny In Faretta v. California, 422 U.S. 806, 829-32, 830 n.39, 833-34, 834 n.46 (1975), this Court held that state courts may not compel pro se litigants i…
18-1001 Casey Brandon Sibley v. Arizona Arizona 2019-02-01 Denied Response Waived constitutional-law criminal-prosecution first-amendment free-speech overbreadth-vagueness strict-scrutiny subjective-intent true-threat Whether the First Amendment requires proof of a speaker's subjective wrongful intent in order for speech to be deemed a "true threat" subject to crimi…
18-888 Michael S. Bent v. Cheryl Strange, et al. Ninth Circuit 2019-01-09 Denied Response WaivedRelisted (2) 42-usc-1983 due-process federal-grants impartiality judicial-impartiality noncustodial-parent parens-patriae social-security-act state-courts strict-scrutiny title-iv-d Lacking federal definition for the Title IV-D noncustodial parent, may a state agency classify an obligator parent as a Title IV-D noncustodial parent…
18-755 Illinois Liberty PAC, et al. v. Kwame Raoul, Attorney General of Illinois, et al. Seventh Circuit 2018-12-13 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) buckley-standard buckley-v-valeo campaign-finance civil-rights contribution-limits due-process equal-protection first-amendment political-contributions political-speech strict-scrutiny 1. Should political contribution limits that favor one type of speaker over another receive strict scrutiny? 2. Should the holding in Buckley v. Vale…
18-745 Alan Overton v. Tennessee Department of Children's Services Tennessee 2018-12-11 Denied Response Waived civil-procedure constitutional-rights due-process family-law fundamental-rights parental-rights state-action strict-scrutiny substantive-due-process Substantive Due Process limits the state's authority to deprive individuals of fundamental rights. The Tennessee courts in this case failed to conduct…
18-733 1A Auto, Inc., et al. v. Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance Massachusetts 2018-12-10 Denied Amici (4)Response RequestedRelisted (2) association campaign-finance contribution-limits equal-protection first-amendment free-speech freedom-of-association freedom-of-speech intermediate-scrutiny political-contributions strict-scrutiny 1. Should Beaumont be overruled because it conflicts with more recent decisions of this Court and insufficiently protects freedom of speech and associ…
18-644 David Carl Cottingham v. Washington State Bar Association, et al. Washington 2018-11-19 Denied Response Waived attorney-conduct bar-discipline due-process first-amendment objective-analysis petitioning petitioning-rights pro-se-representation professional-discipline regulatory-approval split state-court strict-scrutiny A Washington State Bar disciplinary investigation continued through to suspension, notwithstanding Attorney David C. Cottingham's opposition to unlawf…
18-336 Thaddeus Jones, et al. v. Michelle Markiewicz-Qualkinbush, et al. Seventh Circuit 2018-09-14 Denied 15th-amendment 1st-amendment class-of-one constitutional-challenge Engquist equal-protection first-amendment municipal-referendum political-animus referendum-rights strict-scrutiny 1. Whether the reasoning and decision of Engquist v. Oregon Department of Agriculture, 553 U.S. 591 (2008), extends to the political context, where po…
18-191 John Cassidy v. Massachusetts Massachusetts 2018-08-14 Denied Amici (1)Response Waived 2nd-amendment civil-rights due-process firearm-possession heller home-firearm-rights home-possession intermediate-scrutiny interstate-firearm-transfer mcdonald presumptively-lawful-restrictions scrutiny-standard second-amendment state-restrictions strict-scrutiny Private, in home possession of firearms and the 'core' of The Second Amendment's meaning post Heller and McDonald has been largely left open to the va…
18-177 Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, Colorado, et al. Tenth Circuit 2018-08-09 Denied bond-release constitutional-rights criminal-procedure detention detention-rights due-process fourteenth-amendment fundamental-liberty fundamental-right judicial-scrutiny liberty-interest reasonably-related strict-scrutiny substantive-due-process When a criminal defendant has posted bond and is entitled to be released from jail subject only to administrative processing, does the defendant's rig…
18-9 Lisa Washington v. Alex M. Azar, II, Secretary of Health and Human Services Fourth Circuit 2018-06-29 Denied Response WaivedRelisted (2) civil-rights discrimination employment-discrimination equal-pay race-discrimination retaliation strict-scrutiny summary-judgment title-vii workplace-retaliation WHETHER THIS COURT MUST APPLY STRICT SCRUTINY IN REVIEWING THE LOWER COURTS' DECISIONS AFTER DEVIATING FROM APPLICABLE CASE AND STATUTORY LAW AND DISM…