List of Important Cases on Supreme Court Docket
for Upcoming Term:
1) Students for Fair Admissions Inc. v. President & Fellows
of Harvard College,
[Argument: 10.31.2022]
Issue(s): (1) Whether the Supreme Court should overrule Grutter
v. Bollinger and hold that institutions of higher education
cannot use race as a factor in admissions; and (2) whether
Harvard College is violating Title VI of the Civil Rights Act by
penalizing Asian American applicants, engaging in racial
balancing, overemphasizing race and rejecting workable
race-neutral alternatives.
Students for Fair Admissions v. University of North Carolina
[Argument: 10.31.2022]
Issue(s): (1) Whether the Supreme Court should overrule Grutter
v. Bollinger and hold that institutions of higher education
cannot use race as a factor in admissions; and (2) whether a
university can reject a race-neutral alternative because it
would change the composition of the student body, without
proving that the alternative would cause a dramatic sacrifice in
academic quality or the educational benefits of overall
student-body diversity.
2) Merrill v. Milligan and Merrill v. Caster [consolidated and
now known as Merrill v. Caster] [Argument: 10.4.2022]
Issue: Whether the state of Alabama’s 2021 redistricting plan
for its seven seats in the United States House of
Representatives violates Section 2 of the Voting Rights Act.
3) 303 Creative LLC v. Elenis [Argument not yet scheduled]
Issue(s): Whether applying a public-accommodation law to compel
an artist to speak or stay silent violates the free speech
clause of the First Amendment.
4) Haaland v. Brackeen [Argument: 11.9.2022]
Issue(s): (1) Whether various provisions of the Indian Child
Welfare Act of 1978 — namely, the minimum standards of Section
1912(a), (d), (e), and (f); the placement-preference provisions
of Section 1915(a) and (b); and the recordkeeping provisions of
Sections 1915(e) and 1951(a) — violate the anticommandeering
doctrine of the 10th Amendment; (2) whether the individual
plaintiffs have Article III standing to challenge ICWA’s
placement preferences for “other Indian families” and for
“Indian foster home[s]”; and (3) whether Section 1915(a)(3) and
(b)(iii) are consistent with the equal protection guarantee.
5) National Pork Producers Council v. Ross [Argument:
10.11.2022]
Issue(s): (1) Whether allegations that a state law has dramatic
economic effects largely outside of the state and requires
pervasive changes to an integrated nationwide industry state a
violation of the dormant commerce clause and (2) whether such
allegations, concerning a law that is based solely on
preferences regarding out-of-state housing of farm animals,
state a claim under the Pike v. Bruce Church, Inc. balancing
test.
6) Moore v. Harper [Argument not yet scheduled]
Issue(s): Whether a state’s judicial branch has the power to
void regulations governing the “Manner of holding Elections for
Senators and Representatives ... prescribed ... by the
Legislature thereof,” and replace them with regulations of the
state courts’ own devising, based on state constitutional
provisions.
7) United States v. Texas [Argument not yet scheduled]
Issue(s): (1) Whether state plaintiffs have Article III standing
to challenge the Department of Homeland Security’s Guidelines
for the Enforcement of Civil Immigration Law; (2) whether the
Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. §
1231(a), or otherwise violate the Administrative Procedure Act;
and (3) whether 8 U.S.C. § 1252(f)(1) prevents the entry of an
order to “hold unlawful and set aside” the guidelines under 5
U.S.C. § 706(2).